Injured by your work, through an accident, hazard exposure, or because your role has damaged your mental health? You may be entitled to compensation. Bird & Co’s specialist workplace injury lawyers, led by James Ilic, act for employees, agency workers, contractors and self-employed claimants on a no win, no fee basis.
We offer a free initial consultation by phone, video, or home and hospital visit. Call us today on 01476 591711, or send an enquiry through our online form and we will call you back.
What is a workplace injury claim?
A workplace injury claim is a civil compensation claim brought by a worker injured because their employer (or another duty-holder) failed to keep them safe. “Workplace injury” is broader than “accident at work”: it covers one-off accidents, long-exposure illnesses, repetitive strain and psychological injuries.
If your case is a one-off incident, such as a fall, forklift collision or fall from height, our accidents at work page covers those scenarios in detail. A civil claim runs separately from any state benefit (such as Industrial Injuries Disablement Benefit) and any internal grievance.
What types of workplace injury can you claim for?
You can claim for any injury caused or worsened by a breach of duty at work. The four categories below cover almost every claim.
| Category | Common conditions | Regulations |
|---|---|---|
| Acute injury (single incident) | Fractures, lacerations, crush injuries, burns, falls and machinery injuries | PUWER 1998; LOLER 1998; Workplace Regs 1992 |
| Industrial disease (long-latency) | Asbestos disease (mesothelioma, asbestosis, pleural plaques), noise-induced hearing loss (NIHL), hand-arm vibration syndrome (HAVS), occupational asthma, dermatitis and cancers | COSHH 2002; Control of Asbestos Regulations 2012; Control of Noise at Work Regulations 2005; Control of Vibration at Work Regulations 2005 |
| Repetitive and cumulative trauma | RSI, tenosynovitis, carpal tunnel, lower-back injury from manual handling | Manual Handling Operations Regulations 1992; DSE Regulations 1992 |
| Psychological injury (diagnosable) | Work-related PTSD, anxiety and depression from bullying or harassment | Common law; Management of Health and Safety at Work Regulations 1999; Protection from Harassment Act 1997 |
Industrial diseases often emerge years or decades after exposure, frequently involving multiple employers, some no longer trading. We trace insurers through the Employers’ Liability Tracing Office and reconstruct exposure histories. The three-year clock runs from your date of knowledge, not the date of exposure, which is why claims from the 1970s, 1980s and 1990s remain viable. Severe acute injuries may qualify as a catastrophic injury claim.
Your legal rights at work
Every employer owes a duty of care under statute and common law. The core statute is the Health and Safety at Work etc. Act 1974, requiring employers to ensure, “so far as is reasonably practicable,” the health, safety and welfare of employees. The regulations below set out specific obligations.
| Regulation | Requires |
|---|---|
| Management of Health and Safety at Work Regulations 1999 | Risk assessments, competent advice and training |
| Provision and Use of Work Equipment Regulations 1998 (PUWER) | Equipment suitable, maintained and inspected; dangerous parts guarded |
| Lifting Operations and Lifting Equipment Regulations 1998 (LOLER) | Lifting equipment strong, stable and competently inspected |
| Control of Substances Hazardous to Health Regulations 2002 (COSHH) | Substances assessed, exposure controlled and health surveillance in place |
| Manual Handling Operations Regulations 1992 | Hazardous manual handling avoided so far as reasonably practicable |
| Control of Asbestos Regulations 2012 | Asbestos identified, managed and controlled; medical surveillance required |
Employers also owe a common-law duty to provide competent staff, safe equipment, a safe workplace and a safe system of work, and are vicariously liable for injuries caused by employees in the course of employment. Your claim runs against the employer, not the colleague.
Who can make a workplace injury claim?
Most workers injured by another’s breach of duty can claim, regardless of contract label:
- Full-time, part-time, temporary, fixed-term and zero-hours workers are all covered by the full statutory duty.
- Agency workers. Both the agency and the end-user employer owe duties.
- Apprentices and trainees. Owed the same duty as employees, with extra emphasis on supervision.
- Contractors and sub-contractors. Owed a duty by the principal where it controls the site or system of work.
- Self-employed workers. Can claim where the principal owed and breached a duty, which is common in construction, agriculture and transport.
- Workers off-site. At a client’s premises, on the road or working from home.
Dismissal for bringing a claim is automatically unfair under the Employment Rights Act 1996. If injured at a third party’s premises, you may also have an occupiers’ liability claim.
What you need to prove
A claim must satisfy four elements:
| Element | Meaning |
|---|---|
| Duty | The defendant owed you a duty, which is almost always automatic for workers |
| Breach | The defendant fell below the standard set by statute, regulations and reasonable practice |
| Causation | The breach caused or materially contributed to your injury (most contested in disease cases) |
| Loss | The injury caused recoverable harm: pain, lost income, medical costs, care and future losses |
Evidence you should gather
Strong evidence wins claims. Collect what you can; we can obtain most documents directly from employers and third parties.
- Medical records. GP, hospital, occupational health and specialist reports.
- Accident book entry or incident report. Every employer with 10 or more staff must keep one.
- RIDDOR report (if applicable). Serious injuries and certain diseases must be reported to the Health and Safety Executive (HSE).
- Photographs and video of the scene, equipment, hazard, injuries and warning signs (or their absence).
- Witness details. Names and contact information for colleagues who saw what happened.
- Employment records. Contracts, payslips, training records and shift patterns; these are particularly important in disease and RSI cases.
We can also request HSE files, employer documents, occupational health records and historic insurance information.
How much compensation could you receive?
Compensation has two components. Our settlements range from thousands to multi-million-pound awards in catastrophic cases.
| Type | What it covers | Examples |
|---|---|---|
| General damages | Pain, suffering and loss of amenity | Injury, scarring, ongoing pain, loss of hobbies and reduced life expectancy |
| Special damages | Quantifiable financial losses | Lost earnings, pension loss, medical and rehabilitation costs, care, home adaptations and retraining |
General damages are valued by reference to the Judicial College Guidelines and comparable case law; future loss of earnings is usually the largest head in serious cases. Workers disabled by a workplace accident or by one of 70 or more prescribed diseases (including mesothelioma, occupational deafness and vibration white finger) may also claim Industrial Injuries Disablement Benefit (IIDB), a tax-free, no-fault state benefit paid alongside any civil claim.
Time limits for workplace injury claims
The standard time limit is three years, but how it is counted varies. Industrial disease cases turn on the date of knowledge: when you first knew, or ought to have known, your injury was attributable to someone else’s act.
| Scenario | Time limit |
|---|---|
| Adult, single accident | Three years from the accident |
| Industrial disease or gradual-onset injury | Three years from date of knowledge |
| Under 18 (e.g. apprentice) | Three years from their 18th birthday |
| Worker lacking mental capacity | Suspended while incapacity continues |
| Fatal accident or disease (dependants or estate) | Three years from date of death or knowledge |
| Criminal Injuries Compensation (CICA, e.g. assault at work) | Two years from the incident |
The court has a discretion under section 33 of the Limitation Act 1980 to extend time, but exercises it sparingly. If you think you may be out of time, contact us before assuming the door is closed.
The claims process explained
Free consultation
We identify the legal route and advise on prospects, time limits and funding.
Investigation and notification
We gather evidence and notify the defendant under the Pre-Action Protocol (or the Industrial Disease Protocol).
Medical evidence
An independent expert reports on diagnosis, causation, prognosis and long-term impact.
Negotiation
We negotiate liability and quantum with the insurer and pursue interim payments where useful.
Settlement or proceedings
Most cases settle without going to court. If the insurer will not pay fairly, we issue proceedings. Straightforward claims conclude in 12 to 18 months; complex disease or catastrophic cases often take two years or more, though interim payments can ease financial pressure before settlement.
No win, no fee workplace injury claims
We fund almost every claim under a conditional fee agreement (CFA). There is no upfront cost and no legal fees if the claim fails. If it succeeds, a success fee is deducted from your compensation; this is agreed in writing at the start so you always know where you stand.
Frequently asked questions about workplace injury claims
Can I claim for an industrial disease years after I left the job?
Yes, often. Diseases such as mesothelioma, asbestosis, NIHL and HAVS typically develop years or decades after exposure. The three-year period runs from your date of knowledge: when you first realised, or should have, that you had a significant work-caused condition. We regularly act on exposure ending in the 1970s, 1980s and 1990s, tracing former employers and historic insurers.
Can I claim for a psychological injury caused by work?
Yes, if you have a recognised psychiatric condition (such as PTSD, depression or adjustment disorder) caused or materially worsened by a breach of duty. Stress without a diagnosis is not sufficient; courts require a foreseeable risk and a breach in response. Claims most often succeed where you witnessed a serious incident, your employer knew you were at risk, or sustained bullying caused a diagnosable condition.
Can I claim if I am self-employed or a contractor?
Often yes. The principal contractor or site occupier usually owes a duty under the Health and Safety at Work etc. Act 1974 and the regulations, particularly where they control the site, equipment or system of work. Construction, agriculture and transport frequently produce viable claims. We identify every potential defendant: employer, principal, equipment supplier and occupier.
Will my employer’s insurance cover the claim?
In almost every case, yes. The Employers’ Liability (Compulsory Insurance) Act 1969 requires every employer to hold insurance covering their workers; the claim is handled and paid by the insurer. If the employer no longer exists, we can usually trace the historic insurer through the Employers’ Liability Tracing Office (ELTO).
Why choose Bird & Co for your workplace injury claim?
Our specialist team, led by James Ilic, has decades of experience in employers’ liability, industrial disease and catastrophic injury. We offer direct solicitor contact throughout, no win, no fee funding on almost every case, and home visits where needed. Bird & Co is Lexcel accredited and regulated by the Solicitors Regulation Authority (SRA), rated 4.9 out of five on Trustpilot from over 1,000 reviews, with offices in Grantham, Lincoln and Newark.
Speak to our workplace injury lawyers
Injured at work, or developed a condition linked to your job? Call Bird & Co for a free, confidential consultation. No obligation, no upfront cost, no fees if the claim fails. The earlier you speak to us, the more we can do, particularly in industrial disease cases where the date-of-knowledge clock may already be running.
Call us today on 01476 591711 or send an enquiry through our online form and we will call you back.
Our personal injury solicitors are based in Grantham, Newark and Lincoln and act for clients across Lincolnshire, Nottinghamshire and the rest of the UK.