Slough Borough Council

Seeking compensation for an injury

If you have had an accident in a workplace and are injured as a result, there are two ways you can claim compensation.

Civil action

This is followed through the civil courts and is separate to any enforcement action taken by the local authority or HSE. Action for such compensation must begin within 3 years of the injury.

Criminal Courts Act 1973

This is an alternative way to obtain compensation that is ‘tagged on’ to legal action taken by the local authority or HSE. If a prosecution for offences under the Health and Safety of Work Act 1974 is successful, an application for compensation may be made immediately following the proceedings under the Criminal Courts Act 1973. The magistrate hears the case for compensation and assesses the associated evidence, for example, doctors reports. Compensation may be awarded accordingly up to a maximum of £5,000.

As any application made under the Criminal Courts Act 1973 is limited to £5,000 and prevents any further claim in the civil courts, this course of gaining compensation is not recommended. For example, a minor back injury that may appear to warrant low compensation may result in a major disability in later years.

However, should you wish to pursue this route and the local authority or HSE are taking your case to court, the officer will require the following information to prove the extent of your injury:

• Casualty department report outlining the extent of injuries immediately following the accident
• Doctor’s reports outlining the extent of the injury and prognosis i.e. whether there is permanent damage. This should be obtained as close to the court date as possible.