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What Counts as Negligence in Workplace Injury Claims?

Negligence in workplace injury claims refers to an employer's failure to exercise reasonable care to ensure a safe working environment, resulting in an employee's injury.

Negligence in a workplace injury claim means your employer or someone in charge did not meet their legal duty of care. This could include failing to assess risks, provide proper training, or offer the right equipment or protection. Because of this failure, you were injured. If proved, you may be eligible for compensation for pain, loss and suffering, lost earnings and other costs.

👷‍♂️ What Is Negligence at Work?

Negligence means your employer failed to take reasonable steps to keep you safe, breaching their legal duties under UK law. That includes obligations under:

  • The Health and Safety at Work etc. Act 1974
  • The Work at Height Regulations, Control of Substances Hazardous to Health Regulations, etc.
  • Common law duty of care

For example, failing to provide training, maintain equipment, or assess risks can all amount to negligence.

Legal Duty & Breaches: Spotting the Red Flags

Your employer must:

  1. Conduct risk assessments and record them.
  2. Provide safe machinery and equipment, maintained regularly.
  3. Offer proper training and supervision.
  4. Supply adequate personal protective equipment (PPE).
  5. Record incidents as per RIDDOR, and follow safety procedures.

If they fail in any, and that directly causes an injury—even a minor one—you may have a valid claim.

Proving Negligence: What You Need

To build a successful claim, you must show:

  • Duty of care: Employers owe this by law.
  • Breach: They fell short (e.g. skipped training or proper maintenance).
  • Causation: The breach led directly to your injury.
  • Damage: You suffered injuries—physical, psychological, or financial.

Evidence might include photos, accident book entries, witness statements, medical records and risk assessments. Expert medical reports often demonstrate causation and impact.

Who Can Claim?

  • Permanent, part-time, temporary and self-employed workers can claim.
  • Even if you share some responsibility, you can still claim. Compensation may be reduced based on your level of fault.

Time Limits: Don’t Delay

In most cases, you have three years from the date of the accident—or from when you became aware of your injury—to start legal action.

For those injured as children, the timeline expires three years after their 18th birthday. Acting quickly strengthens your case.

How Much Compensation Can You Claim?

Your claim usually includes:

  1. General damages – for pain, suffering, and loss of amenity, guided by Judicial College Guidelines.
  2. Special damages – for financial losses like medical bills, travel costs, and lost earnings.

Examples of recent awards include:

  • £14,000 for burns from leaking hot water.
  • £20,000 for serious industrial flash-burn injuries
  • £100,000+ for paralysis or permanent injury

Depending on injury severity, claims range from a few thousand to over £100,000.

People Also Ask

Q1. Can I still claim if I partly caused the accident?

Yes. It’s called contributory negligence. If you’re found 25% at fault, your compensation reduces by that amount.

Q2. Can I be forced out of my job for claiming?

No—legal protection ensures employers cannot dismiss you for making a genuine claim.

Q3. Can a self-employed worker claim?

Yes. If your injury was caused by someone else’s negligence, you still have the right to claim.

Why Many Workers Don’t Claim

  • Fear of employer backlash
  • Lack of awareness, mistakenly thinking only serious injuries count
  • Underestimating the claim’s value
  • Misconceptions about legal complexity

But three key truths:

  1. Employers are legally required to carry liability insurance
  2. Most claims are straightforward and handled “no-win, no-fee”
  3. Claiming doesn’t cost jobs or career progression

Recent Case Study: Amazon Work Injuries

From 2019 to 2024, Amazon reported 119 specified serious injuries in UK facilities — including fractures and amputations. This triggered controversy and calls for stronger safety enforcement.

Such cases emphasise the importance of understanding your rights—and of swift, informed action following an injury.

How National Claims Can Help You

💼 National Claims will connect you with experienced UK workplace injury solicitors who:

  • Offer a free initial consultation
  • Handle your claim on a no-win, no-fee basis
  • Gather compelling evidence
  • Negotiate or represent you through court
  • Maximise your compensation

Transitioning from Injury to Recovery

  1. Seek medical treatment—even small injuries must be documented
  2. Report immediately and record details in the accident book
  3. Take photos and capture witnesses
  4. Consult a solicitor via National Claims swiftly to avoid losing your rights

How Much Compensation Can You Claim?

Compensation varies by injury:

  • Minor injuries (sprains, soft tissue): £1,000–£5,000
  • Moderate injuries (fractures, moderate scarring): £5,000–£25,000
  • Serious injuries (burns, nerve damage, amputations): £25,000–£100,000+
  • Catastrophic injuries (paralysis, loss of limb): £100,000+

Plus, you can claim back all out-of-pocket costs, like travel, medical care and lost earnings.

People Also Ask

  • What counts as employer negligence?
  • Failing to risk assess, maintain equipment, or train staff, and not providing PPE or safe systems of work.
  • Can I claim if I’m partly to blame?
  • Yes—compensation is reduced based on your percentage of fault.
  • How long do I have to claim?
  • Usually three years from accident date or awareness of injury.
  • Can I still work and claim compensation?
  • Yes. Being back at work doesn’t stop you from claiming for injury suffering or past impact.

Final Thoughts

Negligence in workplace injury claims is about proving your employer breached their duty and that breach caused you harm. Whether your injury is significant in severity or minor, you deserve to know your rights and be compensated fully.

Act now: Injuries and stress deserve justice—connect with National Claims and start protecting your rights today.

Contact National Claims today, and we will put you in touch with an expert solicitor who can guide you through the claims process.📞 Call us now free 0800 029 3849 or 📩 Submit an online enquiry to speak to our team. Your safety and well-being matter, and we’re here to help.

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