Migrant Worker Accident Claims

Many migrant workers come from other countries to work in the UK, including seasonal workers, full-time and part-time employees, and contract or self-employed workers.

Migrant workers working in the UK are entitled to equal pay to British workers doing the same job and must be paid at least the national minimum wage.

They are protected by UK employment laws, have the right to be paid annual leave and statutory sick pay, and must pay tax and national insurance.

Provided you are registered to work and are in the UK legally, you have the same rights under UK employment law as any other worker and your employer has a duty of care to prevent accidents happening to you while at work.

If you are working illegally in the UK, there are different laws that might affect a claim. You should still be entitled to a fair and safe working environment, but your employers might not have the same legal protections and insurances that will help keep you safe at work.

Our lawyers will look into your case in detail and help you to understand the applicable laws in each specific case. If you have any doubt about the validity of your claim, get in touch and we can help to support you.

Employers have exactly the same responsibility to protect all employees from harm, so it’s unacceptable if you have been injured as a result of workplace negligence.

When helping migrant workers with accident claims, some of the most common examples of employer negligence we come across include:

• Employees forced to work long hours, leading to exhaustion and a bigger risk of mistakes happening
• Inadequate training
• Lack of protective equipment/clothing (workers are sometimes asked to pay for this or provide their own, which is illegal)
• Problems with communication—if workers don’t speak fluent English, employees have a duty to make sure they understand how to safely perform workplace tasks.

Unfortunately, the nature of the work that many migrants do means that some workplace injuries are left unreported to the Health and Safety Executive (HSE). The effect of this is that risks are ignored and lessons aren’t learnt.

If you think that you have been injured because of your employer’s mistakes, our solicitors could help you claim compensation.

Even if you are employed on a short-term basis by an agency or “gangmaster” (a person who organises or oversees work for casual labourers), you are entitled to a safe working environment.

This also applies if you are classified as self-employed—the company you work for might still have a duty of care to do as much as it can to protect you from injury.

Your employment status can influence whether you are entitled to benefits from your employer—our specialist employment team is here to help you put things right.