Yes, if you were injured at work because your employer failed to take reasonable care for your safety. Employers must provide a safe place of work, safe equipment, proper training and adequate supervision. You normally have three years from the accident to raise a claim, and most claims are funded on a "no win, no fee" basis. It is unlawful for your employer to dismiss or punish you for making a claim.
What you need to prove
For accidents on or after 1 October 2013, section 69 of the Enterprise and Regulatory Reform Act 2013 means you can no longer win simply by showing your employer breached a health and safety regulation. You must show that your employer was negligent, meaning it failed to take reasonable care, and that this caused your injury.
Health and safety regulations remain highly relevant, because they show what a reasonable employer should do. The UK Supreme Court in Kennedy v Cordia (2016) also emphasised that risk assessment is central to deciding what reasonable care requires. In practice, if your employer ignored an obvious risk, failed to assess it or failed to provide the right equipment or training, that is strong evidence of negligence.
Common workplace accidents
- Slips and trips on wet floors or uneven surfaces.
- Falls from height, ladders or scaffolding.
- Manual handling injuries from heavy or awkward lifting.
- Injuries from unguarded or faulty machinery.
- Being struck by vehicles, such as forklifts, or falling objects.
- Repetitive strain injuries and industrial disease, such as hearing loss or vibration white finger.
What to do after an accident
- Get medical treatment and make sure the cause of the injury is recorded.
- Report the accident to your employer and make sure it is recorded in the accident book. Some serious injuries must also be reported by the employer to the Health and Safety Executive under RIDDOR.
- Gather evidence: photographs of the scene, names of witnesses, details of equipment involved and any previous complaints.
- Keep records of time off, lost earnings and expenses.
- Speak to a personal injury solicitor early.
How much compensation could you get?
Compensation, known in Scotland as damages, can include:
- Solatium for pain, suffering and loss of amenity.
- Loss of earnings, past and future, including lost overtime and pension.
- Services, including care given by family members.
- Expenses, such as travel, medication and physiotherapy.
Statutory Sick Pay or occupational sick pay you received may be taken into account. Employers must have employers' liability insurance, so compensation is usually paid by an insurer, not by the business directly.
Time limits
Under the Prescription and Limitation (Scotland) Act 1973, you normally have three years from the date of the accident to raise court proceedings. For industrial diseases, the three years may run from when you knew, or should reasonably have known, that your condition was caused by work. Our guide to personal injury and medical negligence time limits explains how the date of knowledge works.
Will claiming affect my job?
It is unlawful for your employer to dismiss you or subject you to a detriment because you have made a personal injury claim or raised health and safety concerns. Many people claim while continuing in the same job. If you are treated badly for claiming, take employment law advice as well.
Funding a claim
Most workplace accident claims are run on a "no win, no fee" basis. Success fees are capped by law at 20% of the first £100,000 of damages, 10% of the next £400,000 and 2.5% of damages above that. Qualified one-way costs shifting generally protects you from paying your employer's legal expenses if the claim fails. Trade union members may also have access to free legal support through their union.
Choosing a solicitor
Look for a firm with experience of employers' liability claims and recognition in Chambers UK or The Legal 500. Compare the leading personal injury solicitors in Glasgow in our independent ranking.
Frequently asked questions
Can I claim compensation for an accident at work in Scotland?
Yes, if your employer failed to take reasonable care for your safety and that caused your injury.
How long do I have to claim for an accident at work?
Normally three years from the date of the accident to raise court proceedings, or from the date of knowledge for some industrial diseases.
Can my employer sack me for making a claim?
No. It is unlawful to dismiss you or treat you unfairly because you have made a personal injury claim.
Who pays the compensation?
Usually your employer's employers' liability insurer, which all employers must have.
Do I have to prove my employer was negligent?
For accidents since 1 October 2013, yes. Breaching a health and safety regulation is no longer enough on its own, but regulations help show what reasonable care required.
Is there a cost to making a claim?
Most claims are run on a no win, no fee basis, with success fees capped by law and protection against paying the other side's expenses if you lose.
Conclusion
So, can you claim for an accident at work in Scotland? Yes, if your employer failed to take reasonable care and you were injured as a result. Report the accident, gather evidence, keep records and take advice well within the three-year time limit.
Compare the leading personal injury solicitors in Glasgow to find the right firm.