In most situations, yes. If you were injured at work because your employer did not maintain the appropriate safety standards, then you may be entitled to compensation. Your employer owes you a duty of care under Scots and UK law. If they breached this duty, you should not be the one to bear the financial burden.
At Thompsons Solicitors Scotland, we work exclusively for injured workers, never for employers or their insurers, and we have done so since 1979. If you are wondering whether your accident qualifies for a claim, we can advise you free of charge and with no obligation.
When can you claim for an accident at work?
The short answer is when your employer's negligence caused or contributed to your injury. Employers in Scotland are legally required to reduce workplace risk as far as is reasonably practicable. If they don't and someone gets injured, that may be grounds for a compensation claim.
Specific failures that often lead to successful claims include:
- No risk assessment carried out, or a risk assessment that ignored obvious hazards
- Inadequate health and safety training, or none at all
- Equipment that was faulty, poorly maintained, or not fit for purpose
- A working environment with known dangers left unaddressed
- Health and safety regulations breached or simply ignored
But what if you were partly to blame? You can still claim. The law calls this contributory negligence. A court may reduce your compensation by a percentage to reflect your share of responsibility, but it does not wipe out the claim.
Your employer's duty of care
Employers are legally obligated to do everything reasonably practicable to protect their workers from harm. This duty is noted in various pieces of legislation, most notably the Health and Safety at Work Act 1974. This Act forms the foundation of workplace safety in the UK and is supported by other regulations such as the Management of Health and Safety at Work Regulations 1999 and the Workplace (Health, Safety, and Welfare) Regulations 1992.
In practical terms, an employer's duty to prevent accidents at work includes:
- Risk Assessments: Identifying hazards and acting to reduce them, not just filling in a form and forgetting about it
- Health and Safety Policies: A written policy that names who is responsible for what, and how risks are controlled day to day
- Training: Staff need to know how to do their jobs safely, and that training needs refreshing when things change
- Safe Facilities: Clean, properly maintained premises with adequate welfare provisions
- Accident Reporting: Serious incidents must be reported to the Health and Safety Executive under RIDDOR, and the employer's own accident book should record every workplace injury
Employers who do not fulfil these obligations risk being held liable if an employee is injured. If you have been hurt due to your employer's negligence, you are entitled to seek compensation for your pain, suffering, and financial losses.
Types of workplace accidents we handle
We handle accident at work claims across every sector in Scotland, from building sites and factories to offices, shops, and care homes. Construction, agriculture, and manufacturing carry the highest risk, but injuries are common across all industries.
Common types of accident at work claims we handle:
- Slips, trips, and falls on unsafe surfaces
- Manual handling injuries from lifting or carrying
- Falls from height including scaffolding, ladders, roofs
- Machinery and equipment accidents
- Exposure to harmful substances
- Industrial disease, including asbestos-related illness, noise-induced hearing loss, and vibration white finger
What matters is whether your employer's failure to manage risk caused the accident. If it did, there is most probably a claim.
How to make an accident at work claim
It is simpler than most people expect. Here are the steps you should take to make an accident at work claim:
- Report it. Tell your employer what happened and get it written in the workplace accident book. No accident book? Put the details in writing yourself and send a copy to your manager. Keep your own copy.
- See a doctor. Get medical attention as soon as you can, even if the injury seems minor at first. Your medical records become evidence.
- Collect evidence. Photograph the scene and your injuries. Write down the names and contact details of anyone who saw what happened. Hold on to receipts for medication, travel, or anything else related to the injury.
- Get legal advice. Speak to a solicitor who handles accident at work claims. We offer a free, no-obligation conversation about your case, start your claim here.
After taking instructions, we investigate the accident, collect evidence including expert medical opinion, and put together your case. We are hands-on and will keep you updated at every stage.
How long do you have to claim?
Three years from the date of your accident. Or, if the injury was not immediately obvious such as an industrial disease that developed over years, three years from the date you first became aware of it.
This may sound like a long window but preparing a case properly takes months. Do not wait until the deadline is close.
Frequently asked questions
Get free legal advice
If you have been injured at work, understanding your rights is the first step toward making a claim. Many workplace accidents are caused by an employer's negligence such as failure to provide a safe working environment, failure to carry out proper risk assessments, or failure to act on known hazards.
For free legal advice, contact Thompsons Solicitors Scotland and speak to one of our work injury specialists today.
