I Had An Injury During My Probation Period, Could I Make A Claim?

Last Updated 6th May 2026. If you have experienced an accident during your probationary period, you may not be sure where you stand legally. It can be an incredibly stressful time spent worrying whether you can pass probation and what protections you are entitled to. However, probationary workers can start a claim for personal injury compensation, provided that they meet the relevant criteria. 

Key Takeaways

• Probationary workers are owed a duty of care by their employer (this is a legal responsibility regarding your health and safety)
• Probationary workers are owed the same health and safety rights as those who have passed their probationary period
• You have the right to refuse to do work that could threaten your safety
• In general, your employer cannot legally dismiss you due to an accident that wasn’t your fault, even during you probationary period
• You have the right to claim compensation if you were injured as a probationary worker due to your employer’s negligent actions

Contact an advisor today to find out whether you can make an accident at work claim today. They offer straightforward advice free of charge, so you don’t need to worry about figuring out the process for yourself. They may even connect you to a personal injury solicitor of ours through a No Win No Fee agreement. This is a great way to access expert legal guidance without upfront or ongoing charges for your solicitor’s work. 

• Submit an online contact form.
• Call us on our phone line: 0161 509 2856
• Use the pop-up in the corner to chat live with a member of the team

Jump To A Section

1. Can You Claim For A Workplace Accident During Your Probation Period?
2. What Types Of Accident Could Occur During Probation That You Can Claim For?
3. Calculating Compensation For A Work Accident During A Probation Period
4. Fair And Unfair Dismissal During A Probationary Period
5. Employee Rights During Probation Periods
6. Why Claim With Advice After An Accident During Your Probationary Period?
7. Claiming For Accident At Work During Your Probation Period On A No Win No Fee Basis
8. Injury During My Probation Period FAQs
9. Resources

Can You Claim For A Workplace Accident During Your Probation Period?

Yes, you can claim for a workplace accident during your probationary period if your employer is liable and the incident caused you harm. This is because employers owe a duty of care to all employees, including those who have yet to pass probation. 

Essentially, they need to act according to the laws that aim to protect employees’ wellbeing, such as the Health and Safety at Work etc. Act 1974. This means your employer is required to take reasonable steps to ensure the safety of all employees, including those who are in their probationary period. Such steps include conducting risk assessments and minimising and eliminating the risks found.

Don’t worry if you’re not sure whether your accident qualifies you to begin a claim. Our advisors are happy to assess this for you at no charge. They could even connect you to a solicitor for expert legal representation.

What Types Of Accident Could Occur During Probation That You Can Claim For?

There are a variety of accidents for which you could seek compensation during your probationary period, which could be related to a lack of personal protective equipment (PPE), failed equipment and inadequate training. More detailed examples of valid workplace accident claims include:

• The manager of the factory where you work is aware of an issue with the machinery, but fails to get it fixed and still instructs you to use it. One day, the machinery malfunctions and your finger is trapped. As a result, your finger is amputated.
• While working in a warehouse, your employer asks you to lift some heavy boxes. You inform them that the load is too heavy to lift by yourself without specialist equipment. They tell you to do it anyway, and you suffer an injury to your back during the attempt.
• You work with hazardous chemicals but have not been provided with protective eyewear. Therefore, you are blinded in one eye when the chemicals splash into your eyes. 
• When walking down a dark stairway at work, you trip over due to an inability to see clearly. Reports had been made to your employer about this inadequate lighting, but no steps were taken to rectify the issue.

If you suffered an accident during your probationary period but it has not been covered by our examples, don’t worry, you may still be able to claim. The responsibilities of your employer are complex and depend on the specific nature of the work. Our advisors are available to further discuss your legal rights. 

Fair And Unfair Dismissal During A Probationary Period

The circumstances of your dismissal during a probationary period will affect whether it was fair or unfair, as there are instances where your employer has a right to terminate employment. For example, if you were fired after you suffered an accident at work while you were drunk, this would be considered a fair dismissal. 

However, should your employer fire you relating to an accident that was not your fault, this would generally be unfair dismissal. If you have any questions about your legal rights after an accident during your probationary period, do not hesitate to speak with our team. They understand that this may be a stressful situation and will give you straightforward answers. 

Employee Rights During Probation Periods

During your probationary period, your employer owes you the same rights and duty of care as they owe to other employees. Additionally, you have the right to:

• Refuse unsafe work if you think it could put you in danger
• Adequate health and safety training that is specific to your job and explains the company’s emergency procedures and safety policies
• Have a paid holiday in line with the statutory holiday entitlement
• Be paid according to the national living wage or the national minimum wage
• Claim Statutory Sick Pay (SSP) if you meet the eligibility criteria of taking at least 4 consecutive days off sick and earning over £123 per week
• Protection from discrimination based on characteristics such as gender, race, age, religion or disability

You may wish to read your employment contract to check specific aspects of your employment, such as the notice period that you need to give.

Don’t hesitate to contact one of our advisors if you’re unsure of your employee rights. They will explain whether your accident during your probationary period falls within the criteria for claiming compensation.

Calculating Compensation For A Work Accident During A Probation Period

When calculating compensation for a work accident during your probation period, factors such as what injuries you suffered, and whether these caused any financial losses will be taken into account.

In successful claims of this nature, compensation will always cover the suffering and pain caused by your injuries. This part of the total comes under general damages. Should your injuries persist or result in permanent impairment, this can be considered when compensation is valued. 

When assessing general damages, legal professionals may read the Judicial College Guidelines (JCG). This document outlines compensation guideline brackets for various injuries, depending on their type and severity. We have listed some of these figures below. 

Although you may find these figures useful, it is important to note that they do not guarantee your potential compensation total. This is because each accident at work claim is individually assessed. Every claimant will have a unique experience, which the compensation aims to reflect.

You are welcome to speak with an advisor to access a free case assessment, without making any legal commitments. They will be happy to discuss your case and explain what factors could affect how much compensation you receive. 

JCG Guidelines

The 1st figure in the following list does not come from the JCG. 

• Multiple severe injuries resulting in financial losses – including expenses for medical care, travelling to attend medical appointments and lost income due to time taken off work – up to £1,000,000+
• A very severe brain injury – whereby the person’s life expectancy, degree of insight, physical limitations and ability to communicate may be affected – £372,570 to £533,720
• Kidneys – permanent and serious damage to or loss of both kidneys – £223,800 to £277,980
• A severe (i) back injury – which involves very serious consequences due to damage to the nerve roots and spinal cord – £120,340 to £212,670
• Bowels – resulting in dependence on colostomy (dependent on age) due to total loss of natural function – Up to £198,320
• Leg Amputation – amputation of one leg above the knee – £138,490 to £181,610
• Severe Arm Injury – which fall short of amputation but leave those affected little better off than if the arm had been removed – £127,050 to £172,970
• Severe (ii) neck injuries – serious damage or fractures to discs in the cervical spine, resulting in disabilities of considerable severity – £86,860 to £172,970
• A severe (i) knee injury – where the joint has been disrupted and there is considerable loss of function and pain – £92,130 to £127,110
  
• Serious shoulder injuries – such as damage to the lower brachial plexus and dislocation of the shoulder – £16,870 to £25,370

What Are Special Damages?

Special damages refer to the part of the award that covers the financial losses you have experienced due to your injuries. Examples of recoverable losses include:

• Payments for prescriptions and private medical treatment
• The cost and travelling back and forth to your medical appointments
• Lost income due to the time you are unable to work
• The expense of adapting your home- claimants may pay to install things such as handrails, a stairlift or a wetroom
• The expense of hiring a professional carer to assist you 

In order to add special damages to your claim, you must be able to prove your costs. You do this by providing copies of bank statements or receipts.

Contact our advisors for further details or ask them whether they can use a personal injury claims calculator to evaluate your case.

Why Claim With Advice After An Accident During Your Probationary Period?

You should claim with us here at Advice after an accident during your probationary period, as we will use our years of knowledge and expertise supporting injured workers to help you secure the settlement you deserve. Whether you are a new starter or a seasoned employee, you have the right to a safe working environment. If your employer failed to protect your health and safety, we will hold them to account and guide you through every stage of the legal process.

When you make a workplace injury whilst on probation claim with Advice, we will: 

• Gather relevant workplace documents to establish your day-one rights at the time of your accident, such as an employment contract confirming your status.
• Handle all correspondence with your employer and their insurer regarding your workplace injury claim.
• Secure evidence on your behalf, including induction records, onboarding training logs, and statements from colleagues who saw your accident.
• Connect you with any therapy or rehabilitation services you may need to support your long-term health following the workplace injury.
• Ensure that lost earnings incurred while being injured during your probationary period are accounted for in your compensation settlement, as well as any other out-of-pocket expenses.

To learn more about the other services Advice offers in accident at work claims, you can contact us today.

Claiming For Accident At Work During Your Probation Period On A No Win No Fee Basis

Claiming for an accident at work during your probation period on a No Win No Fee basis is easy with us here at Advice. We have helped thousands of clients obtain compensation for workplace injuries by offering our services under a Conditional Fee Agreement. With this particular No Win No Fee arrangement in place, you will not need to pay us for our work during the entirety of the claim, including:

• Before the claim starts
• While we are working on your case
• If the claim were to fail

If we successfully obtain compensation for you, we will deduct a success fee from this. However, the largest share will go straight to you, as this fee is taken as a legally limited percentage.

Talk To An Expert

At this stage, you may want to speak with someone directly. This is why our advisors are here to help you. Whether you are hoping to begin the process with a solicitor of ours or would simply like more information, they can help. 

• Submit an online contact form.
• Call us on our phone line: 0161 509 2856
• Use the pop-up in the corner to chat live with a member of the team

  

Injury During My Probation Period FAQs

Below, we answer some frequently asked questions after suffering an injury during a probation period:

Can You Be Fired For Being Sick On Probation?

If you are sick persistently during the course of probation period, (that hasn’t been ordered by a doctor with a sick note), there is a possibility your employer could dismiss you.

Can You Be Fired During A Probation Period?

If your work is not of a satisfactory level, reports have been made against you by other colleagues, and other factors could mean you could be fired during your probation period.

What Happens If You Can’t Work Due To Injury?

If you cannot work due to an injury, you should inform your employer right away. You can usually self-certify an absence, but if your inability to work lasts for more than 7 days, you would need to provide your employer with a ‘fit note’.

Resources

Read our other workplace accident guides below:

• Read about fatal accident claims
• Find out about the rights of temporary workers
• Visit our guide on the most common accidents at work

External resources:

• • Learn how to give first aid from the NHS
  • Read the Health and Safety Executive (HSE) guide for workers
  • Further guidance on compensation for injuries at work from Gov.UK

Thank you for taking the time to read this guide on claiming for an accident during your probationary period.