Introduction
Health and safety breaches are common in UK workplaces, with over one million work-related illnesses or injuries reported annually by the Health and Safety Executive (HSE). Many incidents stem from employers failing to follow specific rules or procedures.
If you have been injured or become ill at work due to such a breach, you may claim compensation. Success requires proving actual harm resulted from the violation.
This guide covers employer duties, steps after an incident, eligibility, evidence needs, time limits, and potential payouts.
At a glance
- Around 561,000 workers reported non-fatal workplace injuries across all industries between 2021/22 and 2023/24, a rate of 1,760 per 100,000 workers (Source: WAAC analysis of the HSE LFS data published 12/2024)
- Eligibility: Claim if injured or ill due to employer negligence in health and safety compliance.
- Time limit: Three years from the accident or diagnosis.
- Compensation range: £1,000 for minor harm to over £100,000 for severe cases with long-term effects.
- No Win, No Fee: Available for most claims, covering costs if unsuccessful.
- Key evidence: Medical reports, accident records, witness accounts, and photos.
- Employer duties: Risk assessments, safe equipment, training, and PPE under key regulations.
If safety rules were ignored, Report your injury and keep copies of emails, policies and risk assessments. Photograph the hazard and note witnesses. These records can strongly support your claim.
John Kushnick
Legal Operations Director (NAL)
What are your employer's duties?
The legal framework works in layers. The Health and Safety at Work etc. Act 1974 (HSWA) is the umbrella statute. It imposes broad, outcome-based duties on employers to secure (so far as is reasonably practicable) employees’ health, safety and welfare.
The Management of Health and Safety at Work Regulations 1999 (MHSWR) sit under HSWA and turn those general duties into a management system. They require employers to assess risks, plan and implement preventive measures, appoint competent people, provide information and training, cooperate with other duty-holders, and make specific arrangements for young persons and emergencies.
Beneath that are topic-specific regulations made under HSWA (for example on equipment, PPE, substances, noise, manual handling and construction). These target particular hazards and activities. Complying with them is a key way to meet HSWA/MHSWR duties; breaches are strong indicators of safety failures and can support a civil negligence claim.
| Law / Regulation | What it covers | More information |
|---|---|---|
| Health and Safety at Work etc. Act 1974 | Employers must ensure workplace safety by assessing tasks and minimising risks of harm. | Injury claims and the Health and Safety at Work Act |
| Management of Health and Safety at Work Regulations 1999 | Framework and guidance for risk assessment and management to meet HSWA duties. | Management of Health and Safety at Work Regulations 1999 |
| Noise at Work Regulations 1989 | Controls workplace noise to prevent deafness. | Hearing loss and industrial deafness claims |
| Control of Substances Hazardous to Health Regulations 1999 | Controls exposure to toxic and hazardous substances. | Control of Substances Hazardous to Health (COSHH) explained |
| Personal Protective Equipment Regulations 1992 | Ensures proper selection, provision and maintenance of PPE (e.g. hard hats). | Inadequate personal protective equipment (PPE) claims |
| Provision and Use of Work Equipment Regulations 1998 | Requires suitable, safe work equipment and its safe use. | Defective work equipment injury claims |
| Manual Handling Operations Regulations 1992 | Regulates lifting, carrying and other manual handling tasks. | Manual handling injury claims |
| Construction (Design and Management) Regulations 1994 | Manages risks on building and construction projects. | Building site accident claims |
Breaches range from minor trip hazards to serious issues like faulty scaffolding. Any breach causing harm can lead to a negligence fclaim.
See also: Injury claims and the Health and Safety at Work Act and Management of Health and Safety at Work Regulations 1999
What to do if you have been injured by a health and safety breach
Accurate medical records
For serious injuries requiring urgent care, obtain a copy of your medical report from your doctor or A&E. Verify it fully describes your injuries, as inaccuracies can reduce compensation.
Find out more: Key things you need to do when getting medical help for a work injury
Keep a record of your accident and injuries
Detailed records aid claims for compensation, benefits, and Statutory Sick Pay. Document soon after the incident for accuracy, including photos and witness contacts.
See also: How to gather evidence after a work accident
Report the accident
Notify your employer promptly to allow fixes and prevent repeats. Your manager or safety rep will log it in the accident book.
See also: How to report and record an injury at work after an accident
Can I claim for a health and safety breach?
You can claim if injured at work or if occupational illness arose from conditions, within three years. Even partial fault on your part may allow a claim if the task was unsafe without proper training, supervision, or equipment.
Can I claim for a breach if I wasn't injured?
No injury claim is possible without actual harm, though report breaches to authorities. Compensation focuses on harm severity, not breach scale. Persistent failures may evidence negligence.
See also: Do I have an injury compensation claim?
How much compensation can I claim?
Payouts cover general damages for pain and special damages for losses like wages and treatment. Amounts depend on harm extent.
Examples:
- Minor soft tissue injury: £1,000 to £5,000.
- Fractures or moderate illness: £10,000 to £50,000.
- Severe permanent effects: £100,000 or more, plus future losses.
Evidence that strengthens a health and safety breach claim
If you can, gather as much as possible of the follwwing as soon as you can after your accident:
- Medical reports linking harm to the breach.
- Accident book entries or RIDDOR reports.
- Witness statements.
- Photos of hazards or injuries.
- Emails on safety issues.
Read more: Gathering evidence after a work injury - checklist
Employment status and health & safety breach claims
If you were injured because legal safety duties were breached, a claim is typically possible regardless of contract type. See how employment status affects your claim:
Have you been injured at work?
If you have been injured at work in the last 3 years, you may be able to claim financial compensation.
Find out more about making a work accident claim:
- Do you qualify?
- How much compensation could you get?
- How does No Win, No Fee work?
Read more: Work accident claim guide
One quick call can give you clarity and confidence about your options after a work accident. A specialist advisor will:
- Give free, confidential and impartial advice
- Explain clearly how No Win, No Fee works
- Connect you with the right solicitor for your case
You're under no pressure to claim. We'll get you the right advice, when you need it.
Related reading
- Do I have an injury compensation claim? – Check eligibility.
- How to gather evidence after a work accident – Build your case.
- Injury claims and the Health and Safety at Work Act – Legal duties.
- Work injury compensation calculator – Payout estimates.
- What benefits can I claim after work accident? – Support options.
About the author
Chris Salmon is a legal commentator and co-founder of Quittance Legal Services. He has written extensively about workplace accidents, employment rights and the claims process. Chris's work has been cited in national media and he regularly contributes practical guidance to help injured workers understand their options.
Last reviewed October 2025 by Chris Salmon
External references
- HSE: Health and Safety at Work etc. Act 1974 - outlines the primary legislation for employer duties to ensure workplace safety and prevent breaches leading to injuries.
- GOV.UK: Compensation after an accident or injury - explains the process for claiming compensation for injuries resulting from health and safety breaches at work.
- Acas: Health and safety - provides guidance on employer responsibilities to maintain safe working conditions, relevant to health and safety breach claims.
- HSE: Workplace injury statistics - offers data on workplace accidents caused by safety breaches, supporting compensation claims.