Workplace Accident Claims Scotland | Thompsons Solicitors

Suffered a workplace accident in Scotland? You may be able to make a workplace accident claim for compensation. Thompsons Solicitors' workplace injury solicitors will secure compensation for workers injured by a workplace accident, securing over £1 million every week. We work on a No Win No Fee basis, to take away any financial risk on your part.

Not certain that you have a claim? Our solicitors will discuss your options with you free of charge. Contact us on 0800 0891 331 or complete our online claim form to begin.

Can I make a workplace accident claim?

A work accident is any incident that causes injury in connection with your employment. For example, if you trip on a loose handrail in your office building, you may be able to claim against your employer if they are responsible for maintaining the premises. Employers are responsible for the safety of their employees on all business-related matters, even when visiting external sites. In some cases, liability for accidents may be shared between your employer and the owner of the premises.

Most workplace accidents are the result of your employer being negligent in some way such as breaching the Health and Safety at Work Act. Typical examples of employer negligence include:

Failing to provide sufficient training or oversight
Providing defective safety equipment,
Failing to maintain adequate standards of health and safety within the workplace.

The law requires your employer to take all necessary measures to keep you safe, such as undertaking appropriate risk assessments, providing proper personal protective equipment, maintaining equipment and machinery in good condition, and properly training all staff.

If your employer has failed in these matters and you have been injured, you can likely make a workplace accident compensation claim.

What should I do after a workplace accident?

If you have sustained an injury at work, follow these steps as soon as you are able:

Report any injury to your employer and ensure it has been documented in the workplace accident book
Seek medical attention and ask your doctor to document the injury on your medical records
Take photographs of the scene and your injuries
Gather names and contact details of any witnesses to the injury
Save all receipts for costs incurred as a result of your injury including transport, medication, and anything else you pay for out of pocket

Your employer has a legal obligation to notify the Health and Safety Executive if you have experienced certain types of serious accident or injury, by way of RIDDOR.

If you are a member of a trade union, contact your representative. They will be able to walk you through the process and help access free legal advice.

Which workplaces have the highest accident rates?

In 2019/2020, there were 65,427 non-fatal work accident injuries reported to RIDDOR, while the Labour Force Survey recorded 693,000 injuries. Around 1.6 million people suffered from a work-related illness in the same period. The risks you face depend heavily on the type of work you do, and some workplaces are considerably more dangerous than others.

According to the Health and Safety Executive (HSE), the most dangerous industry is agriculture, forestry, and fishing. Injury rates for the most dangerous industries from 2017/18 to 2019/20 were:

Agriculture, fishing, and forestry: 3,940 injuries per 100,000 workers
Construction: 2,760 per 100,000
Water supply and waste management: 2,560 per 100,000
Accommodation and food services: 2,460 per 100,000
Manufacturing: 2,330 per 100,000
Wholesale and retail; repair of motor vehicles: 2,190 per 100,000
Public administration and defence: 1,960 per 100,000
Human health and social work: 1,950 per 100,000
Transport and storage: 1,790 per 100,000

Beyond these traditionally high-risk sectors, the health and social care sector also pose real risks. Most notably when it comes to manual handling and slip and trip injuries. Offshore oil and gas, mining, docks and ports, logistics, textiles, offices, and the military all carry their own hazards too.

If you have been injured in any of these industries, Thompsons can help with your workplace accident claim. We handle farming accident claims, forestry accident claims, and claims involving many other types of workplace accidents.

How much compensation can I claim for a workplace accident?

The level of workplace accident compensation you may be entitled to receive depends on the nature of the injury sustained and the effect it has had on your life. This compensation may include general damages for pain and suffering and special damages for loss of earnings, medical expenses, travel costs, and the expense of ongoing care. Your solicitor may be able to agree to an early interim payment on your behalf in order to alleviate your immediate financial burdens whilst the claim is resolved.

Call 0800 0891 331 for a better idea of how much your claim may be worth. There is no obligation to proceed after your free initial assessment.

Do I get full pay if injured at work?

You will be eligible for Statutory Sick Pay if you have been injured in a work-related accident. You may have a contractual right to more sick pay from your employer, and you may be entitled to Industrial Injuries Disablement Benefit. Compensation from a claim will be in addition to these payments, not instead of them.

You can make use of state benefits while claiming work accident compensation. Thompsons' solicitors may also be able to set up a personal injury trust for you, if this is the best way to manage your finances.

What is the time limit for a workplace accident claim?

The time limit on a work accident claim is three years. If the symptoms did not become apparent until after the accident, the three years will start from the date of diagnosis rather than the date of the accident itself. You can still make a claim for a work accident even if you are now retired or no longer employed by the company involved.

However, there are a few exceptions. For example, if a severe brain injury meant you were physically unable to instruct a solicitor. Our advice is always the same and that is to get in touch as soon as possible.

How to make a workplace accident claim with Thompsons

Submitting a work accident claim with Thompsons is simple. Call us on 0800 0891 331 or complete an online claim form. We will want to know about the circumstances of your workplace accident, your injuries, and how they have affected your daily life and your job.

Most successful work accident claims are based on medical evidence, witness testimony, and official health and safety documentation from the workplace. Your solicitor will advise you throughout the process in clear and easy-to-understand terms. A relatively small number of work accident claims ever reach court as most cases settle through negotiation, and the courts encourage this approach.

FAQs for Work Accident Claims

Very few employers directly fund the settlement of a work accident claim. For most claims, compensation comes from the employer's Employers' Liability Insurance, which every UK employer is legally required to hold. If you are still working for the company you are claiming against, there are legal protections against unfair dismissal or discrimination on the grounds of your claim.

No. Making a personal injury claim is not just cause for dismissal. If your employer dismissed you or made your working conditions worse because you made a claim, this could be considered unfair or constructive dismissal under employment law in Scotland.

You could be partly to blame for your own injuries. Where this is the case, there can be a split in liability. For example, if a court rules that your failure to wear protective clothing was 75% responsible for the injury, and the company's failure to provide safety training was 25% responsible, you may only be awarded 25% of the damages. Even in shared-fault situations, you may still be entitled to compensation.

Yes. It is the insurers who are pursued, not the employers directly. Thompsons has a team of investigators experienced in locating businesses which have become dormant and their liability insurers.

Compensation can be claimed on behalf of a deceased family member, whether or not they died as the result of injuries sustained through a work accident. However, this claim has to be made within three years of the death. If the pursuer dies during the course of a claim, the estate can continue the claim on their behalf.

Yes. Quite a number of our claimants are now living overseas, in France, South Africa, Australia, and elsewhere. If you worked in Scotland before you moved abroad, you can still make a claim for compensation in the usual way.

Get in touch about your workplace accident claim

If you were injured in a workplace accident and want to know if you have a claim, Thompsons' personal injury solicitors can help. We provide a No Win No Fee service, so there is no risk to you financially.

Call us on 0800 0891 331 or complete our online claim form.

Types of workplace accidents

Find out more

Types of workplace injuries

Find out more

Possible complications in your claim

Find out more

Claims process

Find out more

Accidents in the workplace Scotland

Find out more

Accident at work claim FAQS