When an employer ignores workplace safety – what to do legally

If an employer fails to follow health and safety duties, the law provides remedies. Where appropriate, you can make a personal injury claim to recover losses and access treatment.

Is my employer in breach of UK law?

A safety poster in the break room doesn't cut it. Employers have to actively manage risks. The Health and Safety at Work Act (1974) covers the basics: risk assessments, training, supervision, equipment maintenance, and PPE where it's needed. Industry regs add more detail depending on what you do.

None of that is optional, and specific industry rules just pile on more detail. The HSE (Health and Safety Executive) puts out numbers every year on what actually causes people to get hurt. Slips and trips are a constant problem. 

They're the result of management making a bad call (or just not making a call at all) that ends up hurting someone.

It's not just the big, headline-grabbing accidents. Even things like repetitive strain injuries (RSIs) or work-related stress—if the employer's failure to manage the environment caused it—can be grounds for a claim.

Immediate steps

Report the incident, obtain medical care, keep records, and seek legal advice promptly. Early action protects limitation rights and preserves evidence.

Evidence and time limits

The primary limitation period for personal injury is three years from the date of injury or date of knowledge. For disease claims it may run from first linking symptoms to work. Different rules apply to children and those lacking capacity.

Useful evidence includes:

• Accident report and any RIDDOR reference
• Photographs of the scene and any defective or missing safeguards
• Witness names and contact details
• Training records, risk assessments, method statements, maintenance logs
• Medical records and a diary of symptoms, treatment, and losses

How a solicitor runs the claim

• Liability. Request disclosure under the Pre-Action Protocol and identify breaches of statute and common law.
• Causation and medicals. Independent experts assess injury, prognosis, and work impact.
• Loss. Quantify earnings, care, travel, treatment, equipment, and any Smith v Manchester award.
• Interim relief. Where appropriate, seek interim payments and rehabilitation under the Rehabilitation Code.
• Resolution. Send a compliant Letter of Claim, consider ADR, and issue if offers are inadequate.

For detailed guidance on process and documents you will need, see the Beacon Law website.

Concerns about retaliation

You may raise health and safety concerns and refuse unsafe work where there is serious and imminent danger.

Dismissal or detriment for doing so can found employment claims in addition to any injury claim. Keep a record of communications with management and HR.

Funding and next steps

Most claims proceed under a Conditional Fee Agreement with After-the-Event insurance against adverse costs.

You will receive written costs information at the outset. The objectives are rehabilitation, fair compensation, and safer working practices.

If your employer ignored safety, collect evidence, act within time limits, and obtain focused legal advice.