Industrial Accident Claims: Compensation and Industrial Injuries Benefit
An industrial accident claim is a personal injury claim against your employer's insurance for an injury in a warehouse, plant, foundry, recycling site, chemical works or other heavy-industry workplace, caused by vehicles, machinery, chemicals, heavy loads or an unsafe way of working; it is separate from Industrial Injuries Disablement Benefit, a government benefit paid whoever was at fault, you can pursue both, the claim must normally start within three years, and National Accident Support Line assesses whether you have a claim and refers it to a specialist solicitor, with a callback within 2 minutes.
People hurt at work in industry are often told two different things: get it registered as an industrial injury, and see whether you can claim. They are different routes. One is a weekly benefit from the Department for Work and Pensions. The other is compensation from your employer's insurer. Knowing the difference, and how they affect each other, is the first thing worth getting straight.
We'll call you back within 2 minutes with a straight answer on where you stand.
Industrial Injuries Disablement Benefit or a compensation claim?
| Industrial Injuries Disablement Benefit | A compensation claim | |
|---|---|---|
| Who pays | The Department for Work and Pensions | Your employer's employers' liability insurer |
| Do you have to show fault? | No | Yes: that your employer, or someone else, was negligent |
| Who can get it | Employed earners injured at work or with a prescribed industrial disease; not the self-employed | Employees and agency workers, and in many cases self-employed contractors |
| What it pays | A weekly amount based on the assessed level of disability, which normally has to be at least 14% | A sum for the injury, plus lost earnings, care and other costs |
| How they affect each other | It can be claimed alongside a compensation claim | Benefit received in the first five years, or up to settlement if sooner, is repaid to the DWP and can come off the lost earnings part of the compensation, but not the part for the injury itself |
So apply for the benefit if you qualify, and have the compensation claim looked at as well. Neither stops the other. Current benefit rates and the application form are on GOV.UK.
What makes industrial workplaces different
Heavy industry has the hazards the safety regulations were written for. Chemicals, fumes and dust are controlled under the COSHH Regulations 2002, which require the employer to assess the risk, control exposure, keep the controls working, train staff and carry out health checks where needed. Forklifts and other site vehicles are involved in about a quarter of all workplace transport accidents, according to the HSE, which is why yards and loading areas need separate walkways and trained, authorised drivers. Cranes, hoists and lifting gear have to be thoroughly examined by a competent person: at least every six months for equipment that lifts people and for lifting accessories such as slings and chains, and at least every twelve months for other lifting equipment.
| Hazard | What the employer has to do | Injuries it causes |
|---|---|---|
| Forklifts and yard vehicles | Keep people and vehicles apart; train and authorise drivers | Crush injuries, fractures |
| Chemicals, fumes and dust | Assess and control exposure; health surveillance where needed | Burns, dermatitis, breathing problems |
| Heavy loads and lifting gear | Assess manual handling; have lifting equipment examined | Back injuries, crush injuries |
| Hot work, furnaces and molten metal | Safe systems of work; protective clothing | Burns |
| Noise | Assess it, reduce it and provide hearing protection | Hearing loss, tinnitus |
| Gantries, racking and walkways | Guard rails, safe access, routes kept clear | Falls, fractures, head injuries |
Injuries from unguarded or faulty machines are covered in detail on the dangerous machinery claims page, and production-line injuries on the factory accidents page.
What an industrial accident claim covers
The injury and its lasting effect. Lost earnings, including overtime and shift allowances you would have earned, and the gap between sick pay and your normal wage. Treatment and rehabilitation. Care from family. And future losses if the injury means you can't go back to the same job.
We'll call you back within 2 minutes with a straight answer on where you stand.
The situations people describe to us
"I've been told to get it registered as an industrial injury"
That's good advice for the benefit, and it helps a compensation claim too. Make sure the accident is in the accident book with the date and what happened, because the benefit and the claim both rely on the accident being recorded as happening at work. Then look at the compensation claim separately.
"They made me sign something saying it wasn't their fault"
An employer can't remove its responsibility for an injury caused by negligence by getting you to sign a note or a form; the Unfair Contract Terms Act 1977 stops that. Keep a copy of whatever you signed if you can, and mention it when we call.
"There's talk of redundancies and I don't want to look like a troublemaker"
Raising a health and safety concern is legally protected, and the claim is handled by your employer's insurer, not by your line manager. If you're worried, tell us, and the solicitor can advise on your position.
"My hands have been getting worse for months from the chemicals"
Not every industrial claim is a single accident. Skin and breathing conditions caused by chemicals or dust are claims too, and the time limit runs from when you first knew the condition was linked to your work. Some are prescribed diseases for the benefit as well.
What to do after an industrial accident
Get first aid and see a doctor, and tell them how the injury happened at work. Make sure the accident is in the accident book and ask for a copy. If you're off for more than seven days, your employer must report it to the HSE under RIDDOR. Photograph what caused it. Take the names of witnesses. Keep payslips and a note of every day off and every appointment. Apply for Industrial Injuries Disablement Benefit if you qualify. Then get in touch about the compensation claim.
How an industrial accident claim works with National Accident Support Line
Tell us what happened, by the form, WhatsApp or a call to 0333 212 2730; web enquiries are called back within 2 minutes during opening hours. We ask what you do, what happened, whether it was recorded and who saw it. If there is a claim, we refer it to a specialist workplace injury solicitor who runs it on a no win no fee basis. If there isn't, we tell you straight. NASL is an FCA-regulated claims management company, not a law firm. The rules that apply in every workplace are in our accident at work claim guide, and other injuries we deal with are on the personal injury referrals page.
Frequently asked questions
What qualifies as an industrial accident?
Any accident at work in an industrial setting, such as a warehouse, plant, factory, foundry, depot or recycling site, that causes an injury. For a compensation claim, it also has to have been caused by someone's negligence, usually the employer's.
Can I claim Industrial Injuries Disablement Benefit and compensation?
Yes. You can claim both. Benefit paid in the first five years after the accident is repaid to the government from the compensation for lost earnings, not from the compensation for the injury itself.
How much is Industrial Injuries Disablement Benefit?
It depends on the level of disability assessed by the DWP, which normally has to be at least 14%. The current weekly rates are published on GOV.UK.
How long does an industrial injury claim take?
A straightforward claim where the employer accepts responsibility can settle within months. Claims for serious injuries take longer, because the long-term effects have to be clear before the claim is valued.
How long do I have to make an industrial accident claim?
Three years from the accident, or from when you first knew an illness was caused by your work.
Can agency workers claim for an industrial accident?
Yes. The business directing your work owes you a duty of care, and the agency may too. Agency workers paid through PAYE normally count as employed earners for Industrial Injuries Disablement Benefit as well.
What does no win no fee mean?
Nothing to pay upfront and nothing to your solicitor if the claim fails. If it succeeds, the solicitor's success fee, capped at 25% of your compensation for the injury and past losses, comes out of the award, along with any insurance premium; the total is set out in writing before you sign.
We'll call you back within 2 minutes with a straight answer on where you stand.
National Accident Support Line Ltd is regulated by the Financial Conduct Authority in respect of regulated claims management activities, registration number 829991.