Migrant or non-UK workers and work injury claims

Updated: 17 Oct, 2025
By Chris Salmon

If you are a migrant worker or a non-UK national, you still have the same legal right to claim compensation if you are injured at work. Employers in the UK must provide a safe working environment for all staff, regardless of nationality or immigration status.

At a glance

  • Non-UK nationals make up 18% of the UK workforce (Source: ONS employment by nationality, 2024)
  • All workers in the UK are protected by the same health and safety laws.
  • Your immigration status does not affect your right to claim compensation.
  • Compensation is usually paid by the employer’s liability insurance, not directly by your employer.
  • You may need additional help if English is not your first language.

Your rights under UK law

UK health and safety legislation, including the Health and Safety at Work etc. Act 1974, applies to every worker in the UK. Employers must:

  • Carry out workplace risk assessments
  • Provide training and supervision
  • Supply appropriate protective equipment (PPE)
  • Ensure a safe working environment

These duties apply equally to UK nationals, EU nationals and non-EU workers, whether you are permanent, temporary, or agency staff.

The law protects you, regardless of your nationality or contract. Report your injury, get medical help and keep copies of ID and payslips. Clear records help your claim.

John Kushnick

Legal Operations Director
National Accident Law

Common challenges for migrant workers

Migrant and non-UK workers sometimes face extra risks and difficulties, such as:

  • Lack of translated safety instructions or training
  • Pressure to work in unsafe conditions due to fear of losing work
  • Lack of awareness of employment rights and health and safety laws
  • Concerns that making a claim might affect immigration status

It is important to know that making a work injury claim will not affect your immigration status. Claims are made against the employer’s insurer, not the Home Office or immigration authorities.

Who pays compensation?

By law, all UK employers must have employers’ liability insurance. This insurance covers compensation for injured employees, including migrant and non-UK workers. The claim is handled by the insurer, not by your employer personally.

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What if I am working without a contract?

You may still be able to claim compensation even if you do not have a formal written contract. If you can show that you were working under the direction or supervision of an employer, the employer may still owe you a duty of care.

Agency workers and zero-hours workers are also protected under UK law.

Making a claim

If you are injured at work, the process for making a claim is the same as for any other worker:

  1. Seek medical attention and keep records of your treatment
  2. Report the accident to your employer or site manager
  3. Ask for the details to be recorded in the accident book
  4. Speak to a personal injury solicitor about making a claim

Most claims are handled on a No Win, No Fee basis, so you will not have to pay upfront legal fees.

See also: What is the process for claiming for a work injury? and Making a work injury claim.

Example case

A Polish construction worker was injured when scaffolding collapsed on a building site. He had not received proper training in English, and safety instructions were not translated. The employer’s insurer admitted liability, and the worker received compensation for his broken leg, lost earnings and rehabilitation costs.

Extra support for non-UK workers

If English is not your first language, you may be able to request translation support during your claim. Many solicitors work with interpreters to ensure you understand the process and your rights fully.

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We'll put you straight through to an experienced work injury advisor:

  • Advice that's right for your case
  • Check if you can claim
  • No Win, No Fee explained clearly

If you decide to make a compensation claim, we'll connect you with the right solicitor.

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About the author

Chris Salmon is a legal commentator and co-founder of Quittance Legal Services. He has written extensively about workplace accidents, employment rights and the claims process. Chris's work has been cited in national media and he regularly contributes practical guidance to help injured workers understand their options.

More about Chris and WAAC

Last reviewed October 2025 by Chris Salmon