[LAW FIRM NAME] — specialist personal injury and accident claim solicitors in Scotland.
This article is for general information only and does not constitute legal advice. Always seek independent legal advice before taking any action. Editorial standards →
Quick answer
Yes. In Scotland, you can claim compensation if you were injured at work within the last three years and your employer (or another party) was negligent. You do not lose your job protection by making a legitimate workplace injury claim. Your employer's liability insurers will handle the claim.
Your Employer's Duty of Care in Scotland
Employers in Scotland have a legal duty of care to their employees — both under the common law of delict and under health and safety legislation including the Health and Safety at Work etc. Act 1974 and its associated regulations. This duty means employers must:
- Provide a safe place of work
- Provide safe equipment and machinery
- Provide adequate training and supervision
- Implement safe systems of work
- Carry out appropriate risk assessments
If your employer breaches this duty and you suffer an injury as a result, you may have a valid workplace accident claim.
Common Types of Accident at Work Claim in Scotland
Workplace accident claims arise in many different circumstances, including:
- Falls from height — scaffolding, ladders, elevated work platforms
- Manual handling injuries — lifting, lowering, pushing, pulling
- Slips, trips and falls — wet floors, poor lighting, uneven surfaces
- Being struck by falling objects or moving vehicles
- Machinery and equipment accidents
- Defective tools and equipment
- Exposure to hazardous substances
- Construction and site accidents
- Factory and warehouse accidents
Will I Lose My Job If I Claim?
Your employer cannot legally dismiss you or subject you to any detriment simply because you have made a legitimate personal injury claim. Making a claim is a legal right. Furthermore, the claim will generally be handled by your employer's employers' liability insurers — not your employer directly. If you are concerned about your employment position, speak to your solicitor.
Reporting Your Accident at Work
You should report your accident to your employer as soon as possible and ask for it to be recorded in the accident book. You should also request a copy of the accident report. Under RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013), certain accidents must also be reported to the Health and Safety Executive.
Failing to report your accident does not prevent you from claiming, but a contemporaneous record is strong evidence of what happened and when.
Gathering Evidence for a Workplace Accident Claim
- Photograph the scene, any hazards and your injuries
- Obtain contact details for any witnesses
- Keep a copy of the accident report
- Attend your GP or hospital and keep all medical records
- Keep payslips and employment records for wage loss calculations
- Note any comments made by your employer or colleagues at the time
Time Limits for Work Accident Claims in Scotland
The general time limit is three years from the date of the accident. For industrial disease claims where symptoms develop over time, the three years runs from your date of knowledge. Do not delay — contact a solicitor as early as possible.
