Many people hesitate to claim because they are worried about their job. Dismissing or victimising someone for bringing a genuine claim exposes an employer to further legal consequences. We will explain your position honestly and discuss the funding options, including whether a no win no fee arrangement may be available.
Can I Make a Claim?
- You were an employee, agency worker, contractor or lawful visitor injured at a place of work.
- The employer or occupier failed to take reasonable care — for example inadequate training, defective equipment, no risk assessment or missing guarding.
- The accident is within the three-year limitation period, or you developed a work-related condition within three years of knowing it was work-related.
- The failure caused your injury; a breach of safety rules alone is not enough without a causal link.
Situations We Are Instructed On
- Falls from height, ladders, platforms and mezzanines
- Manual handling injuries caused by unsafe lifting practices
- Injuries from unguarded machinery or defective tools
- Forklift, pallet truck and warehouse vehicle incidents
- Slips on wet or contaminated floors in kitchens and factories
- Injuries caused by inadequate personal protective equipment
What Compensation Could I Claim?
- Damages for the injury and its effect on your daily life and work
- Loss of earnings, including any reduction in shift or overtime availability
- Future loss where you cannot return to the same physically demanding role
- Treatment, physiotherapy and occupational rehabilitation
- Care, travel and equipment costs incurred as a result of the injury
What can be recovered in any individual case depends on the medical evidence and on the losses that can be proved. We do not estimate figures before that evidence is available.
Evidence That Helps
- The accident book entry and any RIDDOR report made to the HSE
- Risk assessments, method statements and training records
- Photographs of the equipment, workplace layout and any warning signage
- Colleagues' names and contact details, ideally noted before memories fade
- Occupational health referrals, fit notes and payslips showing lost income
How Long Could the Claim Take?
Employers' liability claims are usually more document-heavy than road claims because disclosure of risk assessments and maintenance records is central. A straightforward admitted case may take around nine to eighteen months; disputed cases involving expert engineering evidence take longer.
No Win No Fee Funding for This Type of Claim
A No Win No Fee agreement — known in law as a conditional fee agreement — is a written contract between you and your solicitor. Under it, our fee for the legal work becomes payable only if your claim is successful. It is a way of funding a claim without paying our costs up front. It is not a promise about the outcome of your case, and it is not available in every matter.
How a No Win No Fee agreement works
- Assessment first. We review the facts, the likely evidence and your prospects before deciding whether we can offer this type of funding.
- If the claim succeeds. The opponent is usually ordered or agrees to pay a substantial part of your legal costs. A success fee — a percentage uplift on our charges, capped by law in personal injury work — is deducted from your compensation. The percentage will be stated in your agreement before you sign it.
- If the claim does not succeed. You would not pay our fee for the legal work covered by the agreement. You may still be responsible for certain disbursements and, in some circumstances, the opponent’s costs, which is why insurance arrangements are discussed with you at the outset.
- Deductions and other costs. Expenses such as medical reports, court fees, expert evidence and any insurance premium are dealt with separately. We will explain which of these may be deducted from your damages and how they are calculated.
- Alternatives. You may already have legal expenses cover through a household, motor or credit card policy, or through a trade union. We will ask about this because it may be a better option for you.
Who may be eligible
Eligibility depends on the individual case, including whether another party appears to be legally responsible, whether the injury and losses can be evidenced, and whether the claim is brought in time. Some claims are not suitable for this form of funding. We will tell you honestly if we cannot act on this basis, and explain the alternatives that may be open to you.
The exact terms — including the success fee percentage, the disbursements involved and what would happen if the claim were unsuccessful — are set out in writing and explained to you before you decide whether to proceed. Nothing on this page is a guarantee about the outcome of a claim or a statement that any particular funding arrangement will be available. Please take advice about your own circumstances.
Speaking to a No Win No Fee Solicitor
The first conversation is an assessment, not a commitment. A solicitor will listen to what happened, identify who may be legally responsible and consider what evidence is likely to be available. In the context of workplace accident claims, that usually means looking closely at how the incident occurred, what records exist and how your injury has affected your work and daily life.
Once we understand the case, we can discuss funding. Where a conditional fee arrangement is appropriate, we will explain the terms, the deductions and the risks in writing so that you can make an informed decision. Where it is not appropriate, we will say so and set out any alternative route available to you, including existing insurance cover or union support. Either way, you will know where you stand before any work begins.
Workplace Accident Claims FAQs
- Can I be sacked for claiming against my employer?
- Dismissing an employee for bringing a genuine personal injury claim can give rise to separate employment law consequences. If you are treated detrimentally, tell us promptly so it can be addressed.
- My employer has gone out of business. Can I still claim?
- Often yes. Employers' liability insurance is compulsory and it may be possible to trace the historic insurer even where the company has been dissolved.
- I ignored a safety rule. Does that stop my claim?
- Not necessarily. Where an employer failed to supervise or enforce its own rules, responsibility is frequently shared rather than falling wholly on the worker.
- I am an agency worker. Who is responsible?
- Duties may sit with the end-user occupier, the agency, or both. We will identify the correct defendant before proceedings are issued.
Speak to our team
Tell us what happened and we will assess the claim and explain the funding options that may be available to you, in writing, before you decide how to proceed.
