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Can I make a workplace accident claim in Scotland?
You may be able to claim workplace injury compensation in Scotland if your employer (or another party) was negligent or breached their statutory duties, and this caused your injury.
You could have a claim if:
- Your employer failed to provide a safe working environment
- You weren't given proper training or safety equipment
- Faulty equipment or machinery caused your injury
- A colleague's negligence injured you (employer is vicariously liable)
- You developed an industrial disease due to workplace conditions
Important: Making a claim won't affect your employment rights. It's illegal for employers to dismiss or victimise you for making a legitimate injury claim.
What are my employer's legal duties?
Under the Health and Safety at Work etc. Act 1974 and associated regulations, Scottish employers must:
Provide a safe workplace
Safe premises, equipment, and systems of work. Regular maintenance and hazard assessments.
Conduct risk assessments
Identify hazards, assess risks, and implement control measures. Review regularly.
Provide training and supervision
Adequate training for tasks, especially when using machinery or hazardous substances.
Supply PPE (Personal Protective Equipment)
Free provision and maintenance of necessary safety equipment.
Report certain accidents (RIDDOR)
Serious injuries must be reported to the Health and Safety Executive (HSE).
Common types of workplace accidents in Scotland
Slips, trips and falls
Wet floors, uneven surfaces, poor lighting, trailing cables. Common in offices, retail, hospitality.
Manual handling injuries
Back injuries, strains and sprains from lifting, carrying, pushing heavy objects. Common in warehouses, care work, construction.
Falls from height
Ladder accidents, scaffolding falls, roof work incidents. Particularly common in construction in Glasgow and across Scotland.
Machinery and equipment accidents
Crush injuries, amputations, lacerations from industrial machinery. Manufacturing and engineering sectors.
Vehicle accidents at work
Forklift incidents, delivery driver accidents, being struck by vehicles in yards or warehouses.
Industrial diseases
Asbestosis, occupational deafness, vibration white finger, dermatitis, respiratory conditions from workplace exposure.
What should I do after an accident at work?
1. Get medical attention
See a doctor or visit A&E. Keep records of all treatment and prescriptions.
2. Report the accident
Report to your employer and ensure it's recorded in the accident book. Get a copy if possible.
3. Gather evidence
Take photographs of the accident scene, your injuries, any defective equipment. Get witness names and contact details.
4. Keep records
Note dates, times, what happened, who was present. Keep receipts for any expenses (travel, medication, etc.).
5. Seek legal advice
Contact us for a free case review - we'll connect you with an FCA-authorised firm who can assess your claim.
How the claims process works
Step 1: Free case assessment
Complete our form and we'll introduce you to an FCA-authorised firm who will review your case for free.
Step 2: Investigation
Your solicitor gathers evidence - accident book entries, witness statements, CCTV, HSE reports if applicable.
Step 3: Medical evidence
You'll be examined by an independent medical expert who provides a report on your injuries and prognosis.
Step 4: Pre-Action Protocol
Scotland's CPAP process requires formal notification to the employer's insurer before court.
Step 5: Negotiation and settlement
Most workplace claims settle without going to court. If not, your case proceeds to the Sheriff Court.
Time limits for workplace injury claims
In Scotland, you generally have 3 years from the date of your accident to start court proceedings for a workplace injury claim.
Special circumstances:
- Industrial diseases: 3 years from when you first became aware the condition was work-related (date of knowledge).
- Under 16 at time of accident: 3 years from your 16th birthday.
- Mental incapacity: Time limits may be suspended.
Don't delay: Evidence disappears, witnesses leave, CCTV is deleted. Start your claim as soon as possible.
What compensation can I claim?
General damages
Compensation for pain, suffering, and loss of amenity. Amounts depend on injury severity - from a few thousand pounds for minor injuries to hundreds of thousands for life-changing injuries.
Lost earnings
Past earnings you've missed due to time off work. Future earnings if your injury affects your ability to work.
Medical expenses
Private treatment, physiotherapy, medication, counselling, mobility aids.
Care and assistance
If family members have helped care for you during recovery, this can be claimed even if unpaid.
Travel expenses
Costs of getting to medical appointments, treatment sessions, or related meetings.
Related guides
Learn more about personal injury claims in Scotland:
- Personal injury claims Scotland - our comprehensive guide
- No win no fee Scotland - success fee caps explained
- Pre-Action Protocol (CPAP) - what happens before court
- Car accident claims Glasgow - if you were injured while driving for work