Can I claim compensation if my employer says it was my fault?
Written by Marie Oxland | Personal Injury team | 28 July 2026
After an accident at work, it can be upsetting to hear that your employer believes you were responsible for what happened. You may start to question whether you have any options or whether you are unable to make a claim because of what has been said.
Workplace accidents are often more complicated than they first appear. Even where an employee has made a mistake, this does not automatically mean that responsibility sits entirely with them. Employers have legal responsibilities to provide a safe working environment, suitable equipment, appropriate training and systems that reduce unnecessary risks.
A claim is not decided simply because one person says the accident was someone’s fault. The circumstances surrounding the incident need to be carefully considered, including what happened before the accident, what safety measures were in place and whether anything could have been done differently to prevent the injury.
If your employer has suggested that you were to blame, it may still be worth seeking advice to understand your position.
Does making a mistake at work mean I cannot claim?
Many people assume that if they made an error, they automatically lose the right to claim compensation. However, workplace accidents are rarely as straightforward as one person being completely responsible.
Employees can make mistakes, especially in busy working environments where there may be pressure, changing circumstances or inadequate support. Employers still have a responsibility to identify risks and take reasonable steps to protect their employees.
For example, an employee may make a mistake while carrying out a task, but the accident may also have involved issues such as:
insufficient training
unclear instructions
unsafe working practices
unsuitable equipment
poor supervision
unrealistic working pressures
The important question is not simply whether a mistake was made. It is whether your employer took reasonable steps to prevent the accident from happening.
How is responsibility decided in an accident at work claim?
Responsibility is assessed by looking at the evidence and the circumstances of the accident. A solicitor will usually consider factors such as how the accident happened, whether workplace procedures were followed and whether your employer had appropriate safety measures in place.
Evidence may include accident reports, medical records, witness statements, photographs, CCTV footage, workplace policies, training records and risk assessments. Independent experts may also be involved where specialist knowledge is needed to understand whether appropriate safety standards were followed.
A workplace accident claim is not about automatically blaming an employer. It is about understanding whether the injury could have been avoided and whether the correct responsibilities were met.
What if I was partly responsible for my accident?
In some cases, an employee may have contributed to what happened. This is known as contributory negligence. Contributory negligence does not necessarily prevent you from making a claim. Instead, it may affect the amount of compensation awarded depending on the circumstances.
For example, an employee may have failed to follow a particular instruction, but their employer may also have failed to provide adequate training or ensure the working environment was safe.
Each case is assessed individually, and the impact of any contribution by the injured person depends on the evidence available. This is why it is important not to assume that you cannot claim simply because you believe you played a part in what happened.
Can my employer refuse my accident at work claim?
Your employer may disagree with your version of events or believe they were not responsible for your injury. This does not automatically mean that your claim cannot proceed.
In many cases, employers and their insurers investigate claims before deciding whether responsibility is accepted. It is not unusual for there to be different views about what happened. Where responsibility is disputed, evidence becomes particularly important. A solicitor can help gather information, understand the circumstances and present your case clearly.
The fact that your employer does not accept responsibility at the beginning of the process does not mean you should give up without understanding your options.
What if I am worried about damaging my relationship with my employer?
It is common for employees to feel uncomfortable about making a claim against their employer, particularly if they have worked there for a long time or have a positive relationship with colleagues. However, seeking compensation after an injury is not about creating conflict. It is about getting support for the impact the accident has had on your health, finances and daily life.
Most accident at work claims are handled through an employer’s liability insurer rather than directly from an employer’s own funds. The purpose of insurance is to provide protection in situations where an employee has been injured.
Speaking to a solicitor can help you understand the process and make a decision based on clear information rather than uncertainty.
What if my injury developed because of unsafe working conditions?
Not every workplace injury happens because of one obvious accident. Some injuries develop because of ongoing issues in the workplace, including unsafe conditions or a lack of appropriate support. In these situations, evidence about your working conditions, medical history and the nature of your role may be important.
Understanding whether your injury may be connected to your work is often the first step towards deciding whether a claim is possible.
How Nash & Co Solicitors can help
At Nash & Co Solicitors, our Personal Injury team understands that being told an accident was your fault can leave you feeling unsure about what to do next. Many people contact us because they want an independent view of what happened and whether they may have a claim.
We offer a free, no obligation consultation with an experienced Personal Injury lawyer, giving you the opportunity to explain your circumstances and understand your options. We will listen carefully, provide clear advice and explain the process without pressure to proceed.
If you decide to move forward, we will support you on a no win no fee basis. This allows you to explore your options without needing to pay legal fees upfront, with everything explained clearly from the start.
Our team supports clients across Plymouth, Devon, Cornwall and throughout England and Wales. You can get in touch with the team to discuss your circumstances confidentially and without any pressure to proceed by calling 01752 827031 or emailing enquiries@nash.co.uk.
Frequently Asked Questions
-
Yes, it may still be possible to make a claim even if you believe you made a mistake. Workplace accidents often involve more than one factor, and your employer may still have responsibilities for providing a safe working environment, appropriate training and suitable equipment. A solicitor can review the circumstances to understand whether your employer may also have contributed to what happened.
-
Your employer’s view does not automatically determine whether you have a claim. Responsibility is assessed by looking at the evidence and the circumstances surrounding the accident. If liability is disputed, a solicitor can help investigate what happened and explain whether you may still have options.
-
Not necessarily. If you contributed to your accident, this may affect the amount of compensation you receive rather than preventing you from making a claim altogether. Each case depends on the specific circumstances, which is why getting advice can help you understand your position.
-
It depends on the circumstances. While failing to follow a procedure may be relevant, it does not automatically mean your employer has no responsibility. The wider situation will be considered, including whether you had proper training, whether the procedure was clear and whether the workplace systems were safe.
-
It may be helpful to seek advice if you are unsure about your position. Speaking to a solicitor does not mean you have to make a claim, but it can help you understand your rights and whether there are factors your employer may not have considered. An independent review can give you clarity about your options.
