Can I Be Sacked For Making A Claim Against My Employer?
Last updated 7th August 2023. By Cat Way. Welcome to our guide which sets out to answer the question: “will I lose my job if I make a claim?” If you have had an accident at work, have suffered from an illness due to or caused by your working environment, or have been injured, you may be hesitant to make a compensation claim against your employer. The main reason people are often hesitant to make work injury claims is the fear that they could or will be sacked for bringing their claim against the employer. However, are these fears justified, and should they stop you from bringing a claim against your employer?
Will I Lose My Job If I Make A Claim?
Will I lose my job if I make a 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.
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
Select a section
- What Is My Employer’s Responsibility?
- What Is Constructive Dismissal?
- Employers Insurance And My Claim Against My Employer
- Compensation Examples For An Injury At Work
- Can My Employer Sack Me For Being Off Sick?
- Could A No Win No Fee Solicitor Help Me?
- Useful Links
What Is My Employer’s Responsibility?
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;
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- 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.
- They need to do all they can to ensure a safe workplace for employees.
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.
What Is Constructive Dismissal?
By law, you can not be forced to leave your job or be dismissed for bringing a claim against your employer. Your employment status is protected by law, including if and when you bring any claims against your employer. This means you cannot be sacked if you need to make a claim against your employer or their insurance for any pain, injury or financial losses.
Similarly, you can not be forced to leave your job by other means. This can often include being made to feel that you have no option but to leave your job and the company. This amounts to what is called ‘constructive dismissal’. In this case, you would be able to bring an additional action against your employer for forcing you out of your job.
Remember, your status as an employee is protected by law. This continues when you are making a personal injury claim. If you feel that your employment status is being threatened in any way by your employer, we can also bring a second case against them for constructive dismissal. You may have heard this more commonly referred to as unfair dismissal.
Whilst this situation can occur, incidences are rare and we have settled numerous accident at work cases where both parties return to a good working relationship. We have also worked on many cases taken out against a former employer. In these cases, dismissal is not usually an issue.
Employers Insurance And My Claim Against My Employer
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. By law, your employer is required to have insurance in place to cover any costs of any work injury compensation claims which are brought against them. The employer’s insurance should payout 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.
Compensation Examples For An Injury At Work
Depending on the effects of your injury, you could be able to claim two types of damages in a successful claim for an injury at work.
The two damages are intended for different effects of an injury. The first is general damages, which is compensation for the pain and suffering caused by an injury.
The table in this section includes bracketed figures for general damages that could be sustained in an accident at work. These are taken from the Judicial College Guidelines, which legal professionals can use to help value claims.
The information we have provided is from the 2022 edition of the JCG. The amounts shown should not be taken as guaranteed though as every claim is assessed individually.
| Injury | Notes | Amount |
|---|---|---|
| Quadriplegia (Tetraplegia) | The middle range of this compensation bracket is applicable where the person experiences no physical pain, has a life expectancy of 25+ years and is aware of their disability. | £324,600 to £403,990 |
| Brain damage (Very Severe) | The person will depend on others for constant nursing care. There will be very little or no evidence of having a meaningful response to their environment. | £282,010 to £403,990 |
| Back injury (Severe)(i) | Injuries found in this bracket are the most severe back injuries causing spinal cord and nerve root damage that leads to a combination of very serious consequences. | £91,090 to £160,980 |
| Leg injuries (Amputations) (iv) | One leg is amputated below the knee. Certain factors of the amputation will determine how much is awarded. | £97,980 to £132,990 |
| Arm injuries (Severe) | The claimant has suffered an extremely serious injury leaving them little better off than if the arm had been amputated. | £96,160 to £130,930 |
| Neck injuries (Severe) (ii) | The claimant suffers considerably severe disabilities due to a neck injury, such as a serious fracture or damage to the cervical spine. | £65,740 to £130,930 |
| Foot injuries (Very Severe) | Injuries could include the traumatic amputation of the forefoot that causes permanent pain and a severe disability. | £83,960 to £109,650 |
| Knee injuries (Severe)(i) | A disruption of the knee joint, gross ligamentous damage or the development of of osteoarthritis that requires lengthy treatment and causes considerable pain. | £69,730 to £96,210 |
| Ankle injuries (Very Severe) | Injuries could include transmalleolar fracture that causes deformity and a risk of future amputation. | £50,060 to £69,700 |
| Elbow injuries (Severe) | In this bracket, the injury is severely disabling. | £39,170 to £54,830 |
The second type of compensation that could be included in your claim is special damages which addresses any related financial effects. These are losses such as:
- Loss of earnings
- Medical expenses
- Mobility aids to cope with your injury
As long as you are able to prove that it was directly caused by your injury, such as with payslips or receipts, you could be able to make a claim for it.
Please speak to one of our advisers to discuss compensation for accident at work claims or for information about what you could do if you feel your employer unfairly sacked you after an injury at work.
Can My Employer Sack Me For Being Off Sick?
Are you wondering, ‘can I be sacked for being off sick?’ Under government guidance, reasons you can be dismissed include if you have a persistent or long-term illness that leaves you unable to work.
However, your employer should consider ways to support you. For example, they should implement changes if they have reason to believe your job is causing you illness. Furthermore, your employer should give you a reasonable time to recover from your sickness.
Additionally, you might wonder, ‘can I be sacked for having an accident at work?’ Only if you were fully responsible for the accident, your solicitor can sack you for misconduct or acting negligently. In this circumstance, you would be ineligible to claim against your employer.
Alternatively, if your employer acted negligently and caused the accident in which you were injured, they have no right to sack you for making a claim. Should they attempt to sack you, your employer is acting against the law and a claim can be made against them.
If you are unsure who was responsible for your workplace injury, speak to us and we can verify free of charge. Furthermore, we can answer any questions you might have, such as, ‘how do I use a constructive dismissal claim calculator?’
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:
- Call us on 0800 073 8804
- Use the live chat box
Contact us online
Useful Links
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
- Our guide outlines the top 10 things to know about accident at work claims and provides more information on the accident at work claims process
- Learn about what to do if injured from work activities and how making a claim could benefit you with our informative article
- Our accident at work claims FAQs page offers more insight into the FAQs surrounding accident at work claims
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.
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.
Claim Against Your Employer FAQs
Can I be fired for having an accident at work?
No. Legally you’re protected from your employer taking any action against you for having an accident at work. Even if you decided to make a claim, you would be protected from being fired.
Do I get full pay if injured at work?
This isn’t guaranteed. It all depends on your contract of employment. Some employers may commit to pay you full pay for a set period of time. Others may pay half-pay, some may not pay anything. If you don’t receive money while you’re off work injured, you could claim Statutory Sick Pay (SSP).
If only receiving SSP is affecting you financially, you may also be eligible to enrol for universal credit. This is a scheme set up by the government to assist those on low incomes.
Will I lose my job if I make a claim?
No. It is illegal for your employer to take action against you for making a claim. If you do experience any form of discrimination or dismissal, you may be able to claim compensation for that too under employment law.
Will going back to work affect my claim?
It could not only impact your claim, but it could also impact your health to do this.
What are my rights if I have an accident at work?
You have the right to receive Statutory Sick Pay (SSP) while you’re recuperating. You also have the right to make a claim for compensation if you sustain injuries that were caused by someone else’s negligence.
What should you say when making a workers compensation claim?
You should only stick to covering basic vital information about the nature of the accident.
Can I sue my employer for stress and anxiety?
Yes, this is a possibility if it is severe and if you have evidence to back such claims up.
How long do I have to report an accident at work?
You have up to three years after the accident in which to make a claim.
Thank you for reading our guide on making a claim against your employer, which set out to answer the question: will I lose my job if I make a claim?
