Work Injury Claims for Under-18s: A Guide for Young Workers

Updated: 3 Oct, 2025
By Chris Salmon

If a work accident involves someone under 18, the claims process has specific safeguards and procedures. This guide sets out the key steps, duties owed to young workers (including those on work experience, apprenticeships and traineeships), and how compensation is protected.

Who can bring the claim?

If the injured person is under 18, a litigation friend (usually a parent or guardian) must act for them. The litigation friend gives instructions to the solicitor, signs documents and makes decisions, but must always act in the young person’s best interests and consult them where appropriate.

A claim can be investigated and pursued at any time while the claimant is under 18; if the claim settles, the court must approve the settlement.

For a 16-17 year old injured at work, an adult will act as the litigation friend. Report it and get same day treatment. Getting copies of rotas, training or induction records, payslips and the incident report will help the claim.

John Kushnick

Legal Operations Director
National Accident Law

Time Limits (Deadlines)

If the injured worker was under 18, the standard three-year limitation period starts on the their 18th birthday. In practice, this means the claim can be issued in court at any point up to the 21st birthday.

When the claimant turns 18, they can take over conduct of the case immediately if they wish to. The limitation clock will then be running towards the 21st birthday if proceedings have not yet been issued.

For criminal injuries (e.g. assault at work), a CICA claim usually has a two-year limit from the incident.

Duty of care to young workers

Employers and placement providers owe the same core safety duties to young workers as to adults, with additional attention to inexperience and developing maturity. This includes:

• Young person–specific risk assessments and control measures.
• Appropriate training, supervision and PPE.
• Safe systems of work (e.g. guarding of machinery, vehicle–pedestrian segregation, safe work at height, and control of hazardous substances).

These duties apply to work experience placements, apprentices and trainees, agency workers and part-time workers.

Work experience, apprentices and trainees

Work experience (school/college)

• The host organisation controls workplace risks and must ensure a safe environment.
• Educational institutions may check insurance, but the placement provider remains responsible for day-to-day safety.

Apprentices

• For health and safety purposes, apprentices are generally treated as employees and must receive equivalent training, supervision and PPE.

Trainees/Interns

• Where the business directs the work, similar duties to those owed to employees usually arise, regardless of contractual label.

If an injury results from inadequate supervision, missing guards, defective equipment or other breaches, a claim may be available.

Settlement and approval

Any compensation award or settlement for a claimant under 18 requires court approval at a short, informal hearing to confirm that the terms are in the claimant’s best interests.

Approved damages are usually retained by the court (or placed in an approved account/trust) until the claimant's 18th birthday. However, reasonable interim releases can be authorised for treatment, education or essential needs.

What can be claimed?

General damages

• Pain, suffering and loss of amenity, including effects on education, sport and daily activities.

Special damages

• Medical and travel costs; private treatment and therapy where appropriate.
• Care and assistance (including reasonable family care).
• Lost earnings (missed shifts/apprentice pay) and future loss of earnings/earning capacity.
• Equipment and reasonable adaptations.

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Anonymity and privacy

Court orders can ensure anonymity for claimants under 18, prohibiting publication of identifying information. Your solicitor will apply for appropriate reporting restrictions when issuing or seeking approval.

Trusts and longer-term management

• Pre-18: funds are typically safeguarded by the court or an approved account.
• Post-18 (larger/complex awards): a personal injury trust may be advisable to manage funds and, where relevant, protect means-tested benefits. Trustees are commonly a family member and a professional.
• Interim payments: available where liability is admitted or highly likely and justified by immediate need.

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.

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Last reviewed October 2025 by Chris Salmon