Barriers to making a workplace accident claim and how to break through
The Health and Safety Executive (HSE) reports that in 2023/24, 604,000 working people in Great Britain sustained an injury at work. Whilst not all injuries sustained will have arisen due to employer negligence, many of them will have. However, as a personal injury solicitor I have heard countless stories of individuals with legitimate claims who have not taken legal action. Why is this and how can more injured workers be encouraged to make a claim, recover compensation and hold their employers to account?
What deters a worker from making a claim?
Over many years of supporting injured workers and their families I have heard of several factors or concerns which can contribute to a decision not to pursue a claim, such as:
Guilt, fear or anxiety – people often worry about ‘turning on’ their employer, especially if they’ve had a good relationship or have felt supported by them after the accident.
Fear of retaliation or negative employment consequences – sometimes there is the fear that pursuing a claim could lead to being sacked, demoted, or experiencing other forms of retaliation from an employer. Some employers may try to discourage workers from making claims, or pressure them to deny the accident happened.
Difficulty establishing liability – to make a successful claim, you must prove your injury was caused by the negligence or breach of duty of your employer. Employers may deny liability or argue the accident was solely due to the employee’s fault. Litigation can be a challenging process, requiring gathering evidence. Some workers may feel it is their word against their employers and feel like their account of what happened won’t be believed.
Personal factors and hesitation – some individuals may hesitate to make a claim due to the emotional and physical stress of the accident and the potential for further stress in the legal process. Concerns about the impact on their own mental health or well-being and that of their families can also play a role.
Legal costs and financial barriers – concerns about the expense of legal fees and court costs can discourage individuals from pursuing a claim, even if they believe they are entitled to compensation. No win, no fee schemes can alleviate some of this burden, but the initial legal process can still be daunting.
Lack of awareness of rights and legal options – many people are simply not aware of their rights or the possibility of making a claim for compensation. This can be due to a lack of information or fear of the legal system.
What reassurances can be provided?
It is completely understandable to feel apprehensive about making a personal injury claim. Allowing time and space to think about it before acting is completely normal. However, just because it feels like a difficult step to take doesn’t mean it is wrong to do so.
Every employer has a duty to protect their employees’ health and safety. This includes sub-contractors, casual workers and those on work experience. If they haven’t done that and someone gets injured, the law is there to support the injured person. Making a claim isn’t about being greedy it’s about using the system that exists to help people recover. Making a claim is about fairness and justice. It’s no different than making a claim after a car accident.
Making a claim against your employer isn’t personal. It’s a legal and insurance issue. All employers should have liability insurance for exactly this reason so if someone gets hurt, the compensation doesn’t come out of the company’s pocket or affect individuals directly.
Fear of retaliation or job loss is one of the top reasons people hesitate to claim. It’s actually against the law for an employer to punish you or treat you unfairly for making a claim. If they tried to sack you or make your life difficult because of this, that would be seen as victimisation, and you’d be protected under employment law.
If action isn’t taken, then you might miss the window to claim. There is a time limit for making a personal injury claim, which is generally three years from the date of the accident or the date when the injury was first realised.
Missing this deadline can permanently bar the right to make a claim, so it’s crucial to seek legal advice promptly. If you miss this window you could be stuck with medical costs, reduced income and long-term effects without support. Compensation is there to help cover those things and to make sure you can heal properly without financial stress.
What to do next
You don’t have to figure this all out on your own.
There are legal professionals who help people like you every single day. Whilst you may be hesitant or anxious to make a claim, rest assured you can speak to a specialist personal injury solicitor who deals with accident at work claims in confidence to see whether this is something you should pursue.
If you do have a claim and would like to take this forward, then they will be able to put your mind at rest in relation to the legal process and what will be expected of you as a claimant. A successful legal claim could help you get your life back on track and may help prevent future accidents from occurring.
