SCO
Workplace settlements
in Scotland.
By MyClaimWorth Editorial9 min read
A diabetic demolition worker whose right leg was amputated below the knee said standing water at work caused it; damages were agreed at £85,000, but the court held the wet feet were not the cause. A 76 year old who blamed 20 years of factory noise for his hearing loss also lost. Under Scottish expenses rules, a worker who conducts a claim properly does not pay the employer’s costs on losing, but that protection can be lost.
Facts that decide a workplace claim in Scotland
| Expenses protection | A pursuer who conducts an injury claim appropriately cannot be ordered to pay the defender’s expenses, even on losing (qualified one way costs shifting).Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018, s 8 |
|---|---|
| Losing the protection | Discharging a proof the day before it starts, to do more medical tests, was manifestly unreasonable, and the costs protection was disapplied.McKillop v Woods [2026] SC EDIN 63 |
| Time limit | An injury action must be raised within 3 years of the date of injury, or of the date you knew the injury was sufficiently serious and caused by someone else, if later.Prescription and Limitation (Scotland) Act 1973, s 17 |
Valued on the JC Guidelines bracket for the underlying injury
Workplace injury (employer liability)
The UK band is the starting point. Scotland's fault rule and any applicable cap then adjust the figure.