Have you recently suffered an injury at work? Was it caused by something your employer failed to do, such as not providing safety equipment or proper training? If so, this guide will explain everything you need to know about claiming compensation after a health and safety breach. We’ve written this in a way that’s easy to understand, so you know what your rights are and what steps to take next.
What Counts As A Health And Safety Breach?
A health and safety breach happens when your employer or another responsible party fails to follow the rules designed to protect you from harm. These rules are not just good practice—they are legal duties under the Health and Safety at Work etc. Act 1974 (HASAWA).
This law says employers must do everything “reasonably practicable” to keep workers safe. That includes:
- Providing training on how to do your job safely
- Giving you personal protective equipment (PPE)
- Carrying out regular risk assessments
- Fixing hazards quickly
- Keeping tools and machinery in safe working order
If they don’t do these things and you get hurt, that may count as a breach of duty—and you may be entitled to claim compensation.
Examples Of Common Health And Safety Failures
To help you understand what a breach might look like in real life, here are some examples:
- You were told to lift heavy boxes without proper training and ended up with a serious back injury.
- A broken ladder was used on a job site, and you fell from a height.
- There was a wet floor in a warehouse with no warning signs, and you slipped and fractured your arm.
- A faulty forklift wasn’t taken out of service, and it ran over your foot.
- You weren’t given safety gloves or goggles while working with chemicals and suffered burns.
In all of these examples, the injury could have been avoided if the proper health and safety measures had been followed.
How Much Compensation Could You Receive?
When thinking about compensation, two main types are usually awarded:
General Damages
This covers the pain, suffering, and impact on your quality of life. For example, if your injury stops you from driving, exercising, or enjoying your hobbies, this will be considered.
The amount depends on how serious the injury is. Below is a sample table showing what could be awarded, based on the Judicial College Guidelines (JCG) used in the UK:
| Injury | Severity | Compensation Range |
| Brain Injury | Moderate to Severe | £267,000 – £344,000 |
| Back Injury | Severe | £111,000 – £196,000 |
| Ankle Injury | Very Severe | £61,000 – £85,000 |
| Knee Injury | Severe | £85,000 – £117,000 |
| Hand Injury | Serious | £35,000 – £75,000 |
| Hernia (with long-term issues) | Moderate | £18,000 – £29,000 |
These figures are only guidelines, and every claim is different. Speaking with a solicitor is the best way to get an accurate estimate.
Special Damages
This covers any money you’ve lost because of your injury. It may include:
- Lost income if you had to take time off work
- Private medical treatment costs
- Travel expenses to hospital appointments
- Care costs if someone had to help you at home
- Home or car adaptations if your injury caused long-term disability
Keep all receipts, payslips, and invoices to help your solicitor calculate this properly.
Can You Claim If You Were Partly At Fault?
Yes, you can still make a claim even if you were partly responsible. For example, maybe you weren’t wearing PPE—but your employer also didn’t give you proper training.
In this case, the court may decide you were partly to blame and reduce your compensation. This is called “contributory negligence”. So, if you were 30% at fault, you would still receive 70% of your total award.
Can You Claim On Someone Else’s Behalf?
Sometimes the injured person cannot make the claim themselves. You may be able to claim on their behalf if:
- They are under 18 years old
- They lack mental capacity
- They passed away due to their injuries
To do this, you can apply to become a litigation friend. This means you act on their behalf during the claims process. Family members, trusted friends, or solicitors can take on this role.
What Evidence Will You Need?
Strong evidence helps prove that your injury happened because of a health and safety breach. Here’s what can support your claim:
- Accident book entry – Most workplaces with 10+ staff must have this.
- Medical records – From your GP or hospital.
- Photographs – Of the injury and the scene.
- Witness statements – From co-workers or others who saw what happened.
- CCTV footage – If available.
- Receipts/invoices – For medical bills, travel, or care costs.
If you’re unsure what evidence you need, a solicitor can guide you through the process.
What’s The Time Limit To Make A Claim?
You usually have 3 years from the date of the accident to make a claim. This time limit is set by the Limitation Act 1980. However, there are some exceptions:
- If you were under 18 at the time, the 3-year limit starts on your 18th birthday.
- If you didn’t have mental capacity, the clock doesn’t start until (and if) you recover.
- For someone who died from their injuries, the family has 3 years from the date of death to start the claim.
It’s always best to start your claim as soon as possible. The earlier you act, the easier it is to collect evidence and build a strong case.
Do You Need To Report The Breach?
Yes, you should report the incident to your employer or line manager as soon as possible. If your workplace has 10 or more employees, the accident must be recorded in the accident book.
In some cases, employers must also report certain serious accidents to the Health and Safety Executive (HSE). This is a legal requirement under RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013).
Reporting helps keep the workplace safe for everyone and also strengthens your claim.
Can You Be Sacked For Claiming?
No, your employer cannot legally dismiss you just for making a compensation claim. It is against the law to retaliate against employees who assert their rights after an accident that was not their fault.
If you are worried about your job, you should speak to a solicitor immediately. They can also advise if you may have a separate claim for unfair dismissal or workplace discrimination.
What Is A No Win No Fee Claim?
Most health and safety claims are handled under a No Win No Fee agreement, also known as a Conditional Fee Agreement (CFA). This means:
- You don’t pay anything upfront.
- If your claim fails, you usually don’t pay anything at all.
- If you win, a success fee (capped by law) is taken from your compensation.
This type of arrangement makes it possible for anyone to seek justice—even if you’re not in a position to pay legal costs upfront.
Final Tips – What Should You Do Next?
If you’ve been injured due to a health and safety breach, here are the next steps to take:
- Get medical help – Always seek treatment, even for minor injuries.
- Report the accident – Let your employer or supervisor know.
- Gather evidence – Take photos, collect names of witnesses, and request CCTV footage.
- Record everything – Keep track of time off work, costs, and pain symptoms.
- Speak to a solicitor – Get free legal advice from an expert in workplace injury claims.
Don’t delay. The sooner you act, the better your chances of getting fair compensation.
Conclusion
No one expects to be injured at work—but if it happens, it’s important to know your rights. Whether your employer failed to provide safety equipment, training, or maintain machinery, you could be entitled to compensation. A successful claim can help cover your financial losses, support your recovery, and hold those responsible accountable.
You don’t have to go through this alone. Reach out to a legal advisor and find out where you stand. Justice and support are available to you—take the first step today.