What is the process for claiming for a work injury?
By Chris Salmon |
Updated: September 27, 2025
If you have been injured in an accident at work, you may be entitled to claim compensation. The process may feel daunting at first, but your solicitor will guide you through every step.
Below, we explain the main stages of making a work injury claim and what to expect along the way.
At a glance
- Most claims begin with a Letter of Notification under the Pre-Action Protocol for Personal Injury Claims (Source: Ministry of Justice)
- Work injury claims usually follow six stages, from contacting a solicitor to receiving compensation.
- A medical report is essential evidence to support your claim.
- Your employer’s insurer usually handles the claim, not the employer personally.
- Most claims are settled out of court through negotiation.
- No Win, No Fee agreements mean you don’t pay legal fees if you lose.
Stages of the claim
The claims process usually involves the following steps:
- Contacting a solicitor
- Assessing your claim
- Gathering medical and other evidence
- Notifying the defendant
- Negotiation
- Receiving your compensation
Online research - find out how your solicitor can help
A useful first step is to check online for information about making a claim. You can find case studies, payout examples, and compensation calculators to see if you may have a valid claim and how much it could be worth.
Get free and impartial advice from an expert
Most personal injury firms provide free, confidential advice. During your first contact, you will usually discuss:
- What happened and how you were injured
- Whether you are likely to have a claim
- How much compensation you could receive
- How the claims process works
If your case appears valid, you may be introduced to a solicitor straight away for an initial consultation.
Consultation with a solicitor
In your free consultation, the solicitor will ask about the accident, who was to blame, how the injury has affected your life, and any financial losses. If they agree to take your case, you will formally instruct them by signing paperwork.
Gathering evidence
Your solicitor will arrange for you to attend a medical exam. The independent doctor or specialist will write a medical report that sets out your injuries, the likely recovery time, and the impact on your life. Your solicitor may also gather:
- Medical records
- Witness statements
- CCTV footage
- Accident book entries
The defendant is notified
Your solicitor will send a letter of claim (or Claims Notification Form) to your employer, who will usually pass it on to their insurer. The insurer then has a fixed period to admit or deny liability. Denials are common, but your solicitor will use evidence to challenge them.
Negotiations begin
Once evidence is gathered, your solicitor will negotiate on your behalf. They will advise you whether offers are fair and whether you should accept or reject them. Most cases settle without going to court, but if needed, your solicitor will represent you in proceedings.
Your claim is settled
When both sides agree on an amount, the claim is settled. Your compensation is paid as a lump sum or in instalments. In some cases, a formal apology may also be included as part of the settlement terms.
Your solicitor's fees are paid
Under a No Win, No Fee agreement, you only pay a success fee if you win. This is capped at 25% of your compensation. Other legal costs are usually covered by the defendant. If you lose, you don’t pay anything.
FAQ
Will I have to go to court?
Very unlikely. Around 99% of work injury claims are settled out of court through negotiation.
Who pays my compensation?
Your employer’s insurer pays the compensation, not your employer personally. All UK employers must have Employers’ Liability Insurance.
How long does a work injury claim take?
Straightforward claims can take a few months. More complex cases, or where liability is denied, may take longer.
Do I need to pay anything upfront?
No. No Win, No Fee agreements mean there are no upfront costs to start your claim.
External references
- GOV.UK: Compensation after an accident or injury - official government guide on entitlement and claim steps.
- Citizens Advice: Personal injury compensation - practical advice on how to start a claim.
- HSE: Civil law and workplace injury claims - how employer liability works under civil law.
External references
- GOV.UK: Compensation after an accident or injury - outlines the steps for making a personal injury claim, including working with solicitors and claims companies.
- Acas: Health and safety - provides guidance on workplace safety regulations and employer responsibilities, crucial for establishing liability in work injury claims.
- Health and Safety at Work etc. Act 1974 - the key legislation outlining employer duties to ensure employee safety, relevant to proving negligence in work injury claims.
- HSE: Workplace injury statistics - offers data on workplace accidents, useful for understanding the context of work injury claims.
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.
Last reviewed September 2025 by Chris Salmon
Have you been injured at work?
If you have been injured at work in the last 3 years, you may be able to claim financial compensation.
Find out more about making a work accident claim:
- Do you qualify?
- How much compensation could you get?
- How does No Win, No Fee work?
Read more: Work accident claim guide
Our work injury advisors will:
- Offer free, impartial advice
- Explain how No Win, No Fee works
- Recommend the right solicitor
