What the Employment Rights Act could mean for you

Every day, people across the UK go to work expecting to return home safely. Unfortunately, workplace accidents and work-related illnesses remain far more common than many people realise.

What’s even more surprising is that while workplace injuries are increasing, fewer people are making workplace injury claims. This growing disconnect has been described as a ‘justice gap’, leaving thousands of injured employees without the compensation and support they may be entitled to.

With the Employment Rights Act 2027 due to come into force on January 1^st, 2027, many workers are wondering whether the new legislation will improve their rights and give them greater confidence to speak up when things go wrong.

Fewer workers are claiming

Recent analysis by the Association of Personal Injury Lawyers (APIL) has highlighted a worrying trend.

Figures from the Health and Safety Executive (HSE) and the Compensation Recovery Unit (CRU) show that during 2024/25, 854,000 workers suffered either a workplace injury or a work-related illness that resulted in more than seven days away from work. That represents a 34% increase compared with 2018/19.

Yet over the same period, the number of employer liability compensation claims fell by 51%.

This doesn’t necessarily mean workplaces have become safer. Instead, it suggests many injured workers are choosing not to pursue compensation, even when they may have a valid claim.

Why aren’t injured workers making claims?

There is no single reason why people decide against making a claim. Instead, several concerns often combine to discourage injured employees. One of the biggest worries people have is that making a claim against their employer could affect their career.

Many employees fear they may be treated differently, miss out on promotion opportunities, or even lose their job altogether.While these concerns are understandable, employers have legal responsibilities towards their staff. Employers’ liability insurance is compulsory and therefore, compensation claims are handled through the employer’s liability insurance rather than being paid directly by the business.

Making a legitimate claim should not result in unfair treatment simply because you exercised your legal rights. Another common misconception is that making a personal injury claim is expensive.

Many people assume they will have to pay large legal fees upfront or risk receiving a significant bill if the claim is unsuccessful. In reality, many workplace injury claims are handled through No Win, No Fee agreements, meaning eligible clients can often pursue compensation without paying legal fees at the outset. Getting advice doesn’t commit you to making a claim, but it can help you understand your options.

Some workers have been employed by the same company for many years and have good relationships with their employer. They may feel uncomfortable about bringing a claim, particularly if the accident was caused by a colleague’s mistake rather than deliberate wrongdoing.

However, workplace compensation claims are not about blaming individuals. They exist to help injured people recover financially after someone else’s negligence has caused harm. Compensation can help cover lost earnings, rehabilitation, medical expenses and the wider impact the injury has had on your life. Many employees assume accidents simply happen but many workplace accidents occur because appropriate health and safety measures were not followed.

Common workplace accidents

Slips, trips and falls
Falls from height
Manual handling injuries
Machinery accidents
Injuries caused by defective equipment
Exposure to hazardous substances
Repetitive strain injuries

If your employer failed to take reasonable steps to protect your safety, you may have grounds to make an accident at work claim.

What has created the ‘justice gap’?

APIL’s research also found that legal changes over the past decade have made workplace claims more difficult.

It pointed to several factors, including:

Fixed recoverable costs
An increase in allegations of fundamental dishonesty
Changes introduced by Section 69 of the Enterprise and Regulatory Reform Act 2013, which altered how injured employees can pursue compensation following breaches of health and safety regulations.

Together, these changes have made some cases more challenging to pursue, contributing to fewer claims despite rising injury numbers. However, none of this means injured workers have lost the right to claim compensation where negligence can be proven.

What is changing under the Employment Rights Act 2027?

The Employment Rights Act 2027 introduces a range of reforms aimed at strengthening workplace protections and improving fairness for employees.

While the legislation does not change the process for making a personal injury claim, it is expected to strengthen employees’ confidence in raising workplace concerns.

The reforms place greater emphasis on:

stronger protections for workers
improving workplace standards
encouraging employers to meet their legal responsibilities
promoting fair treatment in the workplace

For many employees, this may help reduce the fear of speaking up about unsafe working conditions or reporting workplace issues before someone suffers a serious injury. However, it remains important to understand that if you are injured because your employer failed in their duty of care, your right to seek compensation still exists regardless of these wider employment law reforms.

Why legal advice is necessary

If you’ve been injured at work, it’s often best to get legal advice as soon as possible. Evidence can become harder to obtain over time. CCTV footage may be deleted, witnesses may leave the business and important documents can become more difficult to access.

There are also time limits for making most workplace accident claims, so delaying could affect your ability to pursue compensation. If you are over 18 you have three years from the date of your accident or incident to start a claim for personal injury compensation. If you are under 18, you have three years from the date of your 18th birthday.

Early legal advice allows you to understand whether you have a claim and what evidence may be needed, even if you decide not to proceed immediately. You shouldn’t suffer financially because of someone else’s negligence.

You may be unable to work, lose income and pension contributions, require medical treatment or rehabilitation, or find everyday activities much more difficult than before. Compensation is designed to help put you back in the position you would have been in had the accident not happened, as far as money can achieve that.

Just because fewer people are claiming doesn’t mean fewer people deserve compensation. If anything, the growing justice gap shows that too many injured workers are suffering in silence because of misconceptions or fear.

Speak to NV Legal today

If you’ve been injured at work or developed an illness because of your job, you don’t have to navigate the process alone. At NV Legal, our experienced solicitors provide straightforward, honest advice about workplace injury claims. We’ll explain your rights, answer your questions and help you understand whether you have a claim, without pressure or legal jargon.

If your accident was caused by someone else’s negligence, we’re here to help you pursue the compensation you deserve. Contact NV Legal today for a free, no-obligation discussion with one of our specialist solicitors and find out how we can help you move forward. Here are some of our FAQs:

https://www.nvlegal.co.uk/frequently-asked-questions-personal-injury-claims/

Call – 03330 112 732

Email – info@nvlegal.co.uk

Website – nvlegal.co.uk