'It was just an accident' - Can I still claim compensation?

Updated: 3 Oct, 2025
By Chris Salmon

Usually, the answer is yes. Even if no one was obviously to blame, you may still be able to claim work injury compensation. If your employer failed in their duty of care and you were injured as a result, you may have a valid claim. This article explains how your right to claim is affected if it appears that 'it was just an accident'.

At a glance

You can claim if your employer failed in their duty of care
Many accidents are foreseeable and preventable
Employers are liable under vicarious liability if a colleague causes your injury
Some cases (e.g. tripping over untied shoelaces) may be your own responsibility

My accident wasn't anyone's fault

Sometimes, you may be responsible for your own injuries. For example, if you tripped on your own undone shoelaces, you would most likely be at fault and could not make a claim.

However, what looks like an unavoidable accident may in fact result from another party’s negligence. In the UK, you can claim personal injury compensation if:

A company, person or organisation owed you a duty of care, and
Your injury was caused by their actions, omissions or negligence.

For example, if a cafe parasol blew over in the wind and injured you, the cafe owner could be liable if they failed to secure it. Strong winds are foreseeable, and owners should take measures to prevent hazards.

Even if it was an accident, you can still claim if someone could have prevented it. Report your injury, get treated and keep simple evidence. Clear records make a big difference.

John Kushnick

Legal Operations Director (NAL)

Work accidents are different

UK workers are protected by health and safety laws including the Health and Safety at Work Act 1974 and the Construction (Design and Management) Regulations 2015. Employers are clearly responsible for the safety and wellbeing of their employees under these laws.

Employers must manage risks

Employers must carry out risk assessments and take action to remove or minimise hazards. They must provide proper training, supervision and personal protective equipment (PPE). This duty applies even if you work away from the premises or from home.

If your employer fails in their duty and you are injured, you can pursue a claim.

Many work accidents are avoidable

What may seem like an unavoidable accident is often preventable. Proper training, supervision and equipment should address even small risks. In some cases, you may still be entitled to claim even if you were acting recklessly or not following safety rules, because your employer still had a responsibility to protect you.

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Can I still claim if a colleague caused my injury?

Yes. If your colleague’s negligence caused your injury, your employer is still liable under the principle of vicarious liability. This principle makes employers legally responsible for the actions or omissions of their workers, and sometimes contractors or visitors too.

Key Points

You can claim even if an accident seems like “just an accident”, provided there was a breach of duty of care.
Employers must carry out risk assessments, provide training and ensure a safe environment.
Vicarious liability means your employer is responsible even if a colleague caused the accident.
Some incidents may be your own fault, in which case a claim is unlikely to succeed.

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?

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.

More about Chris and WAAC

Last reviewed October 2025 by Chris Salmon

External references

Health and Safety at Work etc. Act 1974 - cornerstone law setting out employer responsibilities for safety.
HSE: RIDDOR - explains which workplace accidents and injuries must be reported.