Advice On Your Legal Rights After An Accident At Work

 

If you’ve had an accident at work and you’re worried about getting sacked, we can help.

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Can I Be Sacked For Making A Claim Against My Employer?

Last updated 6th March 2024. By Cat Way. If you have suffered an injury at work, you may have concerns. 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

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 Having An Accident At Work?

A question that our clients often ask is whether or not they can be sacked for having an accident at work.

The short answer is no.

If your employer or one of your colleagues caused you to have an accident, you cannot be deemed liable and you should not be sacked. Doing so could amount to an unfair dismissal.

However, if you were grossly negligent or if your actions caused or contributed to the accident, there is a chance that your employer could sack you.

For example, if you’d been trained not to operate a forklift truck, but you decided to go against this training. This incident then caused you to suffer harm and also created a risk of others getting injured too.

Will I Lose My Job If I Make A Compensation 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.

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.

Could I Make A Claim For Unfair Or Constructive Dismissal If I Get Sacked After An Accident At Work?

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.

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?

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:

Learn More About Your Rights After An Accident At Work

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

FAQ On Being Sacked After An Accident At Work

Below, you can find answers to questions we often get asked about your rights after an accident at work.

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 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.

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?

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    Meet The Team

    • 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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