Does UK health and safety law apply to overseas workers?
HSWA 1974 applies to all workers in Great Britain; no nationality or residency requirement; employer's duty is to all persons at work
Does immigration status affect the right to claim?
No — personal injury right is a civil right; courts do not require claimants to demonstrate lawful immigration status to bring a personal injury claim
Language and communication issues
Courts can accommodate non-English speakers; interpretation available; solicitor can communicate through interpreter; documents translated
What about undocumented workers?
Legal position nuanced — undocumented worker may face complications with loss of earnings claim (illegal contract issue — Hall v Woolston Hall Leisure [2001]) but general damages for injury generally available
What if you plan to return to your home country?
Claim can still be pursued; court proceedings can be issued; time limit applies from accident date; service out of jurisdiction possible if needed
Related questions
Can I claim if I am here on a work visa?
Yes. Your visa status does not affect your right to claim compensation for a workplace injury.
What if I do not speak English well?
You can instruct a solicitor who has interpreters available, or who can work through a community organisation. The court can also provide interpreter services.
Can you claim? Find out in four quick steps.
Enquiries may be referred to SRA-regulated UK solicitor firms where appropriate. No win, no fee is subject to solicitor assessment of your individual case.
0800 000 0000Where did the accident happen?
Pick the setting closest to your situation.
Sources
- HSWA 1974
- Hall v Woolston Hall Leisure [2001] EWCA Civ 99
- Bilta (UK) Ltd v Nazir [2015] (illegality defence limits)
- Civil Procedure Rules
This answer is editorial information about UK law. It is not legal advice and does not create a solicitor–client relationship. For advice on your circumstances, speak to a regulated personal-injury solicitor.