What is the process for claiming for a work injury?

Updated: 3 Oct, 2025
By Chris Salmon

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:

  1. Contacting a solicitor
  2. Assessing your claim
  3. Gathering medical and other evidence
  4. Notifying the defendant
  5. Negotiation
  6. Receiving your compensation

Most work injury claims follow a set protocol. Report it, get treatment, gather evidence with your solicitor, attend a medical, then negotiate. Remember to keep records and reply quickly to keep the claim moving.

John Kushnick

Legal Operations Director
National Accident Law

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 work injury claim 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.

See also: What happens if my injury claim goes to court?

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.

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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.

Call now for free specialist advice

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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Work Accident Advice Centre (WAAC) a Claims Management Company regulated by the Financial Conduct Authority (Ref number: 835858). Registration is recorded on the FCA website https://register.fca.org.uk/. Calls are confidential and are handled by our partners at National Accident Helpline. Our privacy policy explains how we protect your data.

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