By Cat Way. Last updated 16th January 2025. 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
- Or chat with us now using our live chat app, in bottom right
Jump To A Section
- Can I Be Sacked For Making A Work Accident Personal Injury Claim?
- Can I Be Sacked For Suffering A Workplace Injury?
- What Is My Employer’s Responsibility In Relation To Workplace Accidents?
- Do I Claim Against My Employer Or Their Employers’ Liability Insurance?
- Can My Employer Sack Me For Taking Sick Leave After A Workplace Accident?
- Claiming With A No Win No Fee Solicitor
- Learn More About Your Rights After An Accident At Work
Can I Be Sacked For Making A Work Accident Personal Injury Claim?
If you have become injured in an accident at work that you were not responsible for, you have the right to claim compensation. However, you may be asking, ‘can I be sacked for making a work accident personal injury claim?’
If your employer was at fault for your workplace injury, you cannot be dismissed from your employment for making a compensation claim, as you have a legal right to make a claim.
Under the Health and Safety at Work Act 1974, all employers owe their employees a duty of care. Therefore, they must take reasonable and practicable steps to ensure that all employees remain healthy and safe while working.
If your employer failed to comply with this standard of care, resulting in your injuries, you may be entitled to compensation, and you cannot be dismissed for claiming it.
If you want to claim compensation for your workplace accident, you must meet the following eligibility criteria:
- Your employer must have owed you a duty of care
- Your employer must have breached this duty
- This must have resulted in you sustaining injuries in a workplace accident
Contact our helpful advisors to start your claim today.
Can I Be Sacked For Suffering A Workplace Injury?
A lot of people ask the question, “Can I be sacked for having an accident at work?” and more often than not, the answer is no. Your employer can’t fire you, in the same way that they can’t fire you for making a claim; if they caused the accident, then they can’t fire you for it.
However, if you’re wondering, “Could I be fired for causing workplace accident?” then the answer may differ. If you act negligently and cause an accident that injures you or others, then your employer may be within their rights to fire you.
If you’ve been injured in the workplace and would like to start a compensation claim, we recommend that you contact an advisor from our friendly team. They can provide more information on the claims process.
What Is My Employer’s Responsibility In Relation To Workplace Accidents?
It’s only natural to wonder, “Will I lose my job if I make a claim?” after being injured in the workplace.
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, 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 a 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 Taking Sick Leave After A Workplace Accident?
Following a workplace accident, you may be off sick. You may wonder, ‘Could I be fired for needing to take time off to recover after being injured in the workplace?’. 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 a workplace accident. 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 in the workplace 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 following a workplace accident during a free consultation.
Claiming With A No Win No Fee Solicitor
A No Win No Fee solicitor may be able to help you make a claim for injury at work compensation. Working with a solicitor on your claim can come with many benefits; for example, they can answer questions such as “Do I?” 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:
- Call us on 0800 073 8804
- Use the live chat box
- Contact us online
Learn More About Your Rights After An Accident At Work
Below, you can find lots of guides on claiming compensation for a workplace accident:
- Find out how to claim for a minor injury at work and learn about claiming for minor work accidents with our guide
- Learn about what to do if injured from work activities and how making a claim could benefit you with our informative article
- Health and Safety Executive – The HSE has a wealth of information on workplace accidents, what your employer should do and steps to take.
- Dismissal And Your Rights As An Employee – Find out more information about your rights when facing dismissal from the Government website.
- CCTV Request Form – If your accident was captured on CCTV, then you have a legal right to request the footage. You can use it as evidence during the claims process.
If you need more advice on making a claim against your employer after being sacked for a work accident or to make a personal injury claim, speak to a member of our friendly team.
