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Injury at work claims in Scotland

Whether you work in an office, a factory, a school or on a construction site, you should never have to worry about being injured because your employer failed to keep you safe. 

Every employer has a duty of care to their workers - regardless of whether you're a full-time member of staff or a freelancer. If you think an injury you sustained in the workplace was because of the negligent actions of someone else, you may be entitled to seek accident at work compensation in Scotland.

Can I make a work injury claim?

If you've been hurt while on the job in the last three years and it wasn't your fault, you may be entitled to make an injury at work in Scotland claim. It's not just physical injuries you may have sustained, your mental health could have been impacted too.

If you're now living with an illness that was caused by working in a harmful environment - even if you're retired or have moved elsewhere in your career - you may still be eligible to make a claim. 

We understand these mental and physical injuries can affect every area of your life, from your finances to your relationships with your loved ones. This is where compensation can help alleviate the financial burden, reducing the additional stresses you and those close to you may be under. 

Whatever the circumstances surrounding your injury at work, whether it happened in Glasgow, Edinburgh or anywhere else in Scotland, we may be able to help. For free and impartial advice, call us on or request a call back


Why make a work injury claim?

Seeking accident at work compensation in Scotland can help provide you with the finances you need. If you're unable to work following the injury, our Scottish injury solicitors could help claim damages that can help pay your bills and regular outgoings. Depending on the severity of your work accident, the amount awarded could help pay for ongoing treatment and therapies, alterations to your home, and any ongoing care - especially if you have dependants. 

Please don't think you're alone in making an accident at work claim against your employer. Every year, thousands of people just like you seek compensation following an injury at work. If you're still unsure about why you should start an accident at work claim in Scotland, you can speak to our friendly advisors on . We'll be happy to answer any questions you may have, and we'll never pressure you into starting a claim.


What are the most common workplace accidents and injuries?

There are around 41,000 non-fatal injuries at work every year in Scotland. Construction and agriculture are among the most dangerous sectors, but a workplace accident can occur in any environment. 

The most common causes of workplace injuries and illnesses include:

  • Dangerous working practices.
  • Poor or non-existent personal protective equipment (PPE).
  • Weak risk assessments.
  • Preventable spillages.
  • Unsatisfactory or poorly enforced safety procedures.
  • Badly maintained equipment.

The most common workplace accidents include:

  • Slips, trips or falls on the same level: The most common cause of injury, resulting in bruising, strains, sprains, fractures and breaks.
  • Lifting and handling: Leading to soft tissue damage, spinal strains and bone breaks.
  • Being struck by a falling object: Often a problem in warehouse-style environments where stock or materials are stored at height.
  • Falling from a height: It could be from a ladder, roof, scaffolding or during exterior work.
  • Workplace violence: This consists of threats, assaults, cuts, scratches and bruising.
  • Contact with moving machinery: Typically causing lacerations and abrasions.
  • Collision: Walking into a stationary object when not paying attention.
  • Repetitive strain injury (RSI): Sustained from using keyboards to pneumatic equipment.
  • Industrial deafness: Following exposure to loud, persistent noise with poor protection.
  • Inhalation of toxic fumes: Causing illness or respiratory damage and/or cancers.
  • Mental health: Stress, depression and anxiety-related illnesses. 

What if I work in a high-risk industry?

Scotland has a higher number of fatalities than the UK average. One explanation for this is that work accidents in Scotland are more likely because a greater proportion of people are employed in higher-risk industries. But most accidents at work could still be prevented.

For example, specific injuries could have been caused because of:

  • Poorly maintained equipment.
  • Scaffolding or warehouse racking and other support structures not being assembled correctly. 
  • Vehicles, such as forklift trucks, being badly maintained or used with inadequate training. 
  • Trips, slips or falls that are caused by spillages that aren't cleared/signposted.
  • Poor ventilation or air conditioning (HVAC) and the insecure storage of chemicals.
  • Exposure to toxic chemicals or biological materials.

How long does it take to make an injury at work claim?

You will have three years from the date of your accident to make an accident at work claim in Scotland. If you are claiming for an illness, such as cancer, the time limit begins from the date of diagnosis, regardless of whether you work for that company still or not.

There are a few other exceptions to the three-year limit to be aware of too: 

  • Psychological trauma: If the claimant suffered a serious brain injury and can't make the claim personally, there is no time limit for making a compensation claim on their behalf.
  • Manufacturing or design fault: If the equipment you were using had a fundamental defect, the time limit may change. Talk to us; we can tell you if we can help.
  • Overseas work accidents: The time limit may be shorter depending on the circumstances.

How long the claim process takes depends on several factors, including the nature and severity of your injuries. The readiness of your employer to admit liability can have a massive impact on claim duration too. 

A clear-cut claim, where you only sustained minor injuries and your employer accepts responsibility, can be settled in around six to nine months. However, more complex cases will naturally take longer. 

Because no two accident at work claims in Scotland are the same, it's important you talk to one of our personal injury advisors first. We offer everyone a free, no-obligation phone call, where we'll speak with you about the circumstances - just request a call back or dial .

This will help us ascertain whether you have a case and an injury at work claim specialists in Scotland can help.


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What do I need to prove in an accident at work claim?

The most important thing you need to prove if you've sustained an injury at work in Scotland is that the incident was not entirely your fault. Secondly, the evidence must demonstrate that the accident or illness was a result of negligence - or inaction - by your employer. 

Once those facts have been established, your solicitor will then begin to gather evidence for your accident at work claim. They will use:

  • The accident book from work, which should have a log of your accident.
  • Treatment records.
  • An independent medical assessment of your injuries is carried out by an independent medical professional.
  • Photographs of the location of your accident.
  • Witness statements.
  • A record of any/all financial losses - including receipts for medical treatments/supplies you needed following your injury.

What is contributory negligence?

If you were partly to blame for your work accident in Scotland, you can still make a claim with contributory negligence - also known as split liability. Contributory negligence claims occur when both sides agree to accept proportional blame and the amount awarded will be based on this.


Can I claim for an accident at work that was my fault?

No. If your work accident was caused by your own negligence or undue care, you don't have a case. 

If you were partly to blame but still believe the injury at work was in part caused by your employer, you can call us on for free and impartial advice.


Can I be dismissed after an accident at work?

Many people think that bringing an accident at work claim in Scotland against your employer will result in you being dismissed from your position, but this is untrue. 

There are strict laws that prevent you from losing your job if you bring action against your employer. If you're worried that claiming against your employer will result in the company folding, you don't need to. Their employers' liability insurance should cover the costs.


How much work injury compensation could I claim?

Because no two accidents at work claims in Scotland are the same, we can't give you an accurate figure. But you can use our free compensation calculator to go get a rough idea of how much compensation you could get.

We understand that no amount of money can undo what has happened to you and the long-term impact it can have on your physical and mental health. But we can try and make sure the compensation you do receive helps assist with the financial burden. 

Your solicitor will look at:

  • Loss of earnings due to time off following your injury.
  • Potential future loss of income.
  • Any changes to your ability to work.
  • Psychological trauma endured.
  • Care and support required from professionals, friends and family. 
  • Alterations required to your home or car.
  • Paid medical treatments, travel costs for treatments and rehabilitation services, and any accommodation costs incurred. 

These figures and your solicitor's findings and expertise will help form a compensation figure that will be presented to the other side. This will be accepted, rejected or negotiated, but your solicitor will have the experience and knowledge to get the best compensation for you.


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How do I pay for a work accident or illness claim?

Most of our accident at work in Scotland claims are taken on a no win no fee basis. Also known as a conditional fee agreement (CFA), it means you'll only pay for your legal counsel if you're successful. 

If you win, you'll pay your solicitor a pre-agreed percentage of your compensation. You may also have other costs, including an insurance premium if your solicitor took out an After the Event (ATE) policy for you.


Can I claim for an accident at work if I'm a self-employed contractor or on a zero-hours contract?

Regardless of whether you're a full-time employee, on a zero-hours contract, or you're self-employed, if the accident was your employer's fault, you can claim for an injury at work in Scotland. 

The only time you could not claim, is if the accident was solely your fault.


Frequently asked questions...

All of our solicitors work on a no win no fee basis, which means they agree that if your case is unsuccessful then you won't be charged a penny.

Quite simply, it's no win, no fee, no risk, which means you can make a compensation claim without the worry of being left with a bill you can't afford.

It all depends on where the accident happened. If you fell in a building with public access - say a library, car park or swimming pool - then responsibility would lie with the building's owners. If in a shop, restaurant or similar then liability would be down to the business owner. On the street - say you stumble and hurt yourself because of a damaged pavement, a broken kerb or faulty staircase - then the accountable party will be the one responsible for maintaining public infrastructure. This is usually the council or local authority. An avoidable trip, slip or fall at work will be the fault of your employer breaching their duty of care for you.

Yes. Whether you have been injured in a public place or a private setting like home, you do not need to be in employment to be able to make a claim. Find out more about your rights for claiming if you are unemployed here.

What are the reasons for my claim being denied?

If your injury at work claim in Scotland has been denied, it could be for several reasons. The most common of which are:

  • Insufficient evidence: While your solicitor will do everything in their power to ensure you have a solid case, you might not be eligible if there isn't enough evidence to prove what happened.
  • Missing the deadline: If you miss the three-year deadline, you might not be able to make a claim. However, claims for an accident at work in Scotland may be permitted at the discretion of the court, but we would always suggest beginning the claims process as soon as you can. 
  • Denied liability: In some instances, an employer might deny liability and culpability. They can submit a 'without prejudice offer', which means they want to settle without accepting fault. If you don't accept, you could lose your claim and receive no compensation. 

Before we take on any injury at work in Scotland cases, we will do our due diligence. Our team of experts will gather as many details as possible to ensure we're able to progress your claim and get you the compensation you need. 

If you're unsure if you have a case, we strongly recommend you contact us at your earliest convenience for your free, impartial and no-obligation phone call. Call us on and we'll discuss how we can work together.


Why make an injury at work claim in Scotland with National Accident Helpline?

Making a claim after an accident at work can seem like a daunting prospect, particularly when you're primary focus is on recovering. But you can trust us to put you forward to a compassionate solicitor with the expertise required to handle your case sensitively, allowing you to focus on getting better.

When you chose to claim compensation for an injury at work in Scotland with us, you'll benefit from:

  • Free, impartial and jargon-free advice with a personal injury advisor in your initial consultation.
  • Solicitors who work for firms that are governed by the Law Society of Scotland.  
  • Expert customer service that has seen us rated as ‘Excellent' from thousands of independent Trustpilot reviews.
  • Zero costs if you make a no win no fee claim. You'll just pay a pre-agreed sum from your compensation if your case is successful.

Our friendly team are on hand to help when you're ready to get in touch with us. You can ring us on , request a call back or chat with us online. However, you choose to speak to us, know that we will give you the time to tell your story and provide you with clear answers to your questions.


Meet the team

John Kushnick

John Kushnick

Statutory Director of National Accident Law

With extensive personal injury legal and senior management experience, John oversees the optimisation of the customer journey - from the start of a claim through to final settlement.

Think we can help? Contact us today

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