Learn Whether You Can Be Sacked For Making A Work Accident Personal Injury Claim

 

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Can I Be Sacked For Making A Work Accident Personal Injury Claim Against My Employer?

By Cat Way. Last updated 8th July 2024. If you have suffered an injury at work, you may have concerns, such as ‘Can I be sacked for making a work accident personal injury claim?’. Sometimes people fear that they could be sacked for having an accident at work. Others fear they could be sacked for making a personal injury claim against their employer. In this guide, we provide complete advice on your legal rights.

We look at when you could be sacked, what your legal rights are, and advice on your employers’ responsibilities.

If you’ve suffered an injury at work and want to pursue justice and compensation, our personal injury claims team is standing by to help.

We operate 24 hours a day, 7 days per week, providing free legal advice and support with no strings attached. Our lawyers also operate on a No Win No Fee basis.

So to ask a question or to begin a No Win No Fee claim against your employer:

  • Call us on 0800 073 8804
  • You can see if you have a valid claim online by filling out the form on our website
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a worker with a box of his possessions leaving the office after being sacked for having an accident at work

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Can I Be Sacked For Making A Work Accident Personal Injury Claim?

Put simply, you cannot be dismissed for simply bringing a personal injury or accident at work claim against your employer. No matter your relationship. In any circumstances where one person has a duty of care for another; that duty has been breached and an accident, injury, or illness results; the person who has been injured has the right to seek compensation. The employee-employer relationship is the same as any other in this regard.

If you have suffered an accident, illness or, work injury in the workplace whilst carrying out your day-to-day tasks, or the incident was caused by someone else, you may be thinking about making a work injury claim against the negligent party. Personal injury claims do not just provide compensation for your pain and any suffering. They are also there to recoup any financial costs you have endured as a result of your injury.

However, many employees are still concerned about bringing a work injury claim against their employer. Whilst you can’t be dismissed for bringing your claim, people worry that the case could foster an atmosphere of bad relations in the workplace, forcing them to quit.

Can I Be Sacked For Having An Accident At Work?

You may be wondering, “Can I be sacked for having an accident at work?”:

You cannot be sacked for having an accident at work if your employer or a colleague is liable for the accident. If you are sacked, this would be classed as unfair dismissal. For example, if your employer instructed you to use a forklift truck even though they haven’t trained you, they would be liable for the incident.

However, if you are at least partly liable for the accident, then it is possible that your employer could sack you. For example, if you were told by your employer not to use a forklift truck because you have never been trained on it, but you decided to use one anyway, you would be liable for the incident, and your employer may have valid grounds to dismiss you.

If you have been injured in an accident at work because your employer was negligent, you could have every right to seek compensation. Contact us today for a free case assessment.

What Is My Employer’s Responsibility In Relation To Accidents At Work?

It’s only natural to wonder “will I lose my job if I make a claim?” after suffering the likes of an accident at work.

Every employer, no matter the size of the company, is responsible for the safety of their employees. They are responsible for your safety in the workplace whether this is the premises or car park, entrance/exit or other spaces. According to the Management of Health and Safety at Work Regulations 1999, employers must ensure the safety of all employees in the workplace. As such, your employer should follow these steps;

  • They need to do all they can to ensure a safe workplace for employees.
    This includes carrying out risk assessments to make sure that the correct procedures and equipment are in place for staff to carry out their work with minimal risks.
  • Ensure that all members of staff are not harmed during the course of their work.
  • Fully train you in the use of materials and provide all necessary personal protective equipment in order for you to do your job without the risk of illness or injury.

If your company is not carrying out their duty of care, and this results in you being injured, having an accident or becoming ill due to exposure to something you should have been protected from, you may be entitled to make a personal injury at work claim against them. So, don’t feel like you can’t make a claim against a company, it happens more than you’d think.

Do I Claim Against My Employer Or Their Employers’ Liability Insurance?

If you work for a small company or if your employer does not have many resources, you may be concerned about the costs your employer could face when you make a claim, and their ability to cover them. This may also be a reason given by your employer if they ask you not to make a claim.

By law, your employer is required to have employers’ liability insurance in place to cover any costs of any work injury compensation claims which are brought against them. The employer’s insurance should pay and cover any compensation costs and legal fees which are incurred when an employer brings an accident at work or personal injury claim against them.

As such your employer, with adequate insurance in place, your employer should not be left out of pocket as a result of your claim against them. They may face higher insurance premiums in the future as a result of this. The process of making your claim will be managed through your solicitor, and that of your employer’s insurance company.

Can My Employer Sack Me For Being Off Sick After An Accident At Work?

Following an accident at work, you may be off sick. You may wonder, ‘Can I be sacked for having an accident at work and needing to take time off to recover?’. According to government guidance, you can be dismissed if you have a persistent or long-term illness that makes it impossible to carry out your work duties. However, your employer should give you reasonable time to recover from your injuries and look for ways to support you before you can be dismissed after an accident at work. Additionally, you can not be sacked for starting a personal injury claim against your employer.

However, as we previously discussed, you can be sacked for causing an accident at work as long as your employer adhered to health and safety legislation. If they failed to do so and you sustained an injury as a result, you cannot be dismissed after an accident at work, unless these injuries make it impossible to carry out your work related duties.

An advisor from our team can discuss whether or not you can be sacked for having an accident at work during a free consultation.

Could A No Win No Fee Solicitor Help Me?

A No Win No Fee solicitor may be able to help you make a claim for accident at work compensation. Working with a solicitor on your claim can come with many benefits; for example, they can answer questions such as “Can I be sacked for having an accident at work?” and “how much compensation could I receive for a workplace injury?”.

A solicitor could also help you gather evidence to support your claim. For example, they could take statements from witnesses, and arrange an independent medical assessment for your injuries to be evaluated. 

Our solicitors all work on a No Win No Fee basis. They do this by offering their clients a Conditional Fee Agreement (CFA), which is a kind of No Win No Fee contract. You don’t have to pay any upfront or ongoing fees for your solicitor’s work under a CFA, and you don’t pay a fee for their work if your claim fails.

If your claim does succeed and you receive compensation, then your solicitor will take a success fee. Taken as a small percentage of your compensation, this fee is subject to a legal cap, which means the larger share of your compensation will go to you.

Our advisors are on hand to help if you’d like to learn more about claiming for an accident at work and whether or not you can get sacked from work after suffering an accident. To find out if you could be eligible to work with one of our solicitors, get in touch today:

A client asks a lawyer, 'can I be sacked for making a work accident personal injury claim?'.

Learn More About Your Rights After An Accident At Work

Below, you can find lots of guides on claiming compensation for a workplace accident:

Thank you for reading our guide on making a claim against your employer, which set out to answer the question: Can I be sacked for making a work accident personal injury claim?

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    • Patrick Mallon

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.

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