Accidents can happen anywhere, but if you have been injured because a company failed to keep you safe, you may be wondering whether you can sue them. Many people hesitate to take legal action against a business, especially if it is their employer, because they worry about consequences or damaging relationships. However, if your injury was caused by negligence, the law gives you the right to claim compensation.
This guide explains, in simple terms, how you can sue a company for an injury, whether you are an employee, a contractor, or simply a member of the public. You will also learn what evidence you need, how much compensation you could claim, and the time limits you must be aware of.
Understanding Your Right To Sue A Company
When you are injured because of someone else’s negligence, the law says you may be entitled to compensation. In the workplace, your employer has a legal duty to keep you safe. If you are not an employee, a company still has a duty to ensure their premises are reasonably safe for visitors, contractors, and customers.
The main law covering workplace health and safety is the Health and Safety at Work etc. Act 1974 (HASAWA). It requires employers to take reasonable steps to protect staff and others from harm. If a company does not meet this duty and you are hurt as a result, you could sue them for negligence.
Can You Sue A Company If You Are An Employee?
If you are an employee, you can sue your employer for a workplace injury as long as three conditions are met:
- Duty of care – Your employer owed you a responsibility to keep you safe.
- Breach of duty – They failed in this responsibility by acting negligently or not taking reasonable steps.
- Injury – You suffered an injury because of this breach.
For example, imagine you were asked to lift heavy boxes without proper training or equipment, and you developed a serious back injury. If your employer failed to provide manual handling training or mechanical aids, this could be a breach of duty.
It is important to remember that you are legally protected if you make a genuine claim. Employers are not allowed to sack you or treat you unfairly for exercising your right to claim compensation.
Can You Sue A Company If You Are Not An Employee?
Yes, you can. Companies owe a duty of care not just to staff, but also to members of the public, contractors, agency workers, and customers. Under Section 3 of the HASAWA, businesses must make sure that anyone on their premises is reasonably safe.
For example, if you were visiting a showroom and leaned on a balcony rail that was loose, causing you to fall and break bones, the company could be held responsible if they had ignored reports about the faulty railings.
So even if you were not employed by the company, you could sue them for failing to keep their premises safe.
Evidence You Will Need To Sue A Company
To succeed in a claim, you must show that your injury was caused by the company’s negligence. Evidence is crucial. The more proof you have, the stronger your claim will be.
Here are examples of useful evidence:
- Accident book entry – Every workplace should have one. Make sure the incident is recorded with the date, time, and details.
- Photographs – Take pictures of the accident scene or your injuries if they are visible, such as swelling or cuts.
- CCTV footage – Many businesses have cameras. You can request a copy of the recording if it captured the accident.
- Witness details – Ask colleagues, customers, or anyone who saw what happened for their contact information.
- Medical records – Visit a doctor or hospital as soon as possible. Your medical notes will provide evidence of your injuries.
Collecting evidence might feel overwhelming, especially when you are in pain, but it will make a big difference to your case.
How Much Compensation Could You Receive?
When you sue a company for an injury, compensation is usually split into two parts:
1. General Damages
This covers the pain, suffering, and loss of enjoyment caused by your injury. For example, if you can no longer play sports or enjoy hobbies because of your injury, that is included here.
Courts and solicitors often use the Judicial College Guidelines (JCG) to estimate how much compensation might be awarded. The amount depends on the type and seriousness of the injury.
Some examples from the guidelines include:
- Severe brain damage: £344,150 to £493,000
- Tetraplegia (paralysis of all limbs): £396,140 to £493,000
- Total loss of one eye: £66,920 to £80,210
- Severe psychiatric damage: £66,920 to £141,240
- Serious shoulder injury: £15,580 to £23,430
2. Special Damages
This covers the financial losses you suffer because of the injury. Examples include:
- Lost wages if you cannot work.
- Medical expenses such as prescriptions, physiotherapy, or counselling.
- Cost of mobility aids like wheelchairs or crutches.
- Care costs, such as help with cooking, cleaning, or childcare.
To claim special damages, you must provide proof such as receipts, invoices, or bank statements.
Time Limits For Making A Claim
The law gives you a limited period in which you can sue a company for an injury. Under the Limitation Act 1980, you normally have three years from the date of the accident to start your claim.
There are some exceptions:
- Children – If the injured person is under 18, the three-year time limit does not start until their 18th birthday. A parent or guardian (called a “litigation friend”) can make a claim on their behalf before then.
- Lack of mental capacity – If someone does not have the mental capacity to make a claim, there is no time limit unless they later recover.
It is always better to begin the process as soon as possible while evidence and witness memories are still fresh.
What To Expect During The Claim Process
Suing a company might sound daunting, but understanding the process can make it less stressful. Here is what usually happens:
- Initial advice – You speak to a solicitor or legal advisor who will assess whether you have a valid claim.
- Gathering evidence – You collect medical records, witness statements, and other documents to prove your case.
- Letter of claim – Your solicitor writes to the company explaining what happened and why they are liable.
- Response – The company, usually through their insurers, replies to accept or deny responsibility.
- Negotiation – If liability is accepted, your solicitor will negotiate the amount of compensation.
- Court action – If the company disputes the claim, the case may go to court. However, most claims are settled out of court.
No Win No Fee Claims
Many personal injury solicitors offer No Win No Fee agreements (also called Conditional Fee Agreements). This means:
- You do not pay anything upfront.
- If your claim is unsuccessful, you do not have to pay your solicitor’s legal fees.
- If you win, your solicitor will take a success fee, which is a small percentage of your compensation.
This arrangement makes it easier for you to bring a claim without worrying about large legal bills.
Common Concerns People Have
It is normal to feel nervous about suing a company. Here are some of the most common worries and the facts you should know:
- “I might lose my job.” – The law protects you from unfair dismissal or being treated badly for making a genuine claim.
- “It will cause conflict.” – Most claims are handled by insurance companies, not directly by your boss.
- “It’s too complicated.” – Solicitors guide you through the process and do most of the work for you.
- “I can’t afford it.” – No Win No Fee arrangements mean you can usually claim without upfront costs.
Practical Tips Before You Sue
Here are some steps you can take straight away if you have been injured:
- Report the accident to the company and make sure it is recorded.
- Get medical treatment and keep copies of your records.
- Keep receipts for any expenses linked to your injury.
- Take photos of the scene and your injuries if possible.
- Speak to a solicitor who specialises in personal injury claims.
Final Thoughts
Suing a company for an injury may feel intimidating, but the law is on your side if you were hurt because of negligence. Whether you are an employee injured at work, or a visitor hurt on business premises, you could be entitled to compensation.
By collecting evidence, understanding your rights, and acting within the time limit, you can build a strong case. With the support of a solicitor, often on a No Win No Fee basis, you can focus on your recovery while your claim is handled professionally.