Dismissed after an accident at work – can I claim compensation?
If you have been injured in an accident at work, there is a very high chance that you will be entitled to compensation. In order to secure a payout, you need to show that your employer is to blame for the accident. Because of this, a lot of people are worried that they will lose their job if they make a claim. They don’t want to upset their employer or cause any friction in the workplace, so they miss out on the money they would have been entitled to. We do not want you to miss out on the compensation you deserve here at Legal Expert. That is why we have put this guide together, which explains everything you should know about making a claim after an accident at work, including whether your employer can legally fire you for doing so. If you have any further queries, please do not hesitate to contact us for further information. You can find all of the details you need at the end of this guide.
- Can I Be Sacked After An Accident At Work?
- What Constitutes An Accident At Work?
- Employer’s Liability Explained
- Common Accidents In The Workplace
- What If My Own Behaviour Caused An Accident At Work?
- Time Limits For Making Work Accident Claims
- What Injuries Can I Claim For In An Accident At Work?
- Short Term Effects Of A Dismissal Following Accident At Work
- Long Term Effects Of Dismissal Following Accident At Work
- Rules Governing Different Types Of Workers After An Accident At Work
- Taking Action Against An Employer, What Do I Need To Do?
- How Can Legal Expert Help With Dismissal Accident At Work Claims
- What Is Involved In No Win, No Fee Dismissal From Work Accident Claims?
- Free Advice On Dismissal After An Accident At Work – Or Start Your Claim Today
I have had an accident at work can they sack me? This is a question we often get asked. If you have been involved in an accident in the workplace, and it was not caused by you (you weren’t the one at fault), you will have grounds to make a claim for any compensation you believe necessary. If you proceed with this, your employer is not allowed to fire you for doing so. A lot of people worry that they will lose their job, but that will not happen. If, for any reason it does, you would then have grounds to start a further claim for unfair dismissal.
By law, all employers are required to have insurance in place that covers any accidents and injuries that happen in the workplace. Therefore, when you make a claim, their insurer will pay out – it does not come directly out of their pocket, and so you are not going to have an adverse impact on the business itself. Furthermore, if your employer has acted negligently and you have been injured as a result, they will recognise that you need to be compensated. So long as you handle the whole process professionally – which is where we come in – you should not experience any friction or issues in the workplace.
In this guide, we will reveal everything you need to know about claiming for an accident that has happened in the workplace, as well as details on what to do if you are the victim of an unfair dismissal after injury at work. This includes details on employer’s liability, common workplace accidents, time limits on making a claim, and much more.
An accident at work is pretty self-explanatory: it is any type of accident that has happened on work premises, including in the car park. No matter whether your place of work is a construction site, an office, or a supermarket, if you have been injured and it was not your fault, you can put forward a claim.
As per law, all employers are required to provide a safe and healthy work environment. This is in accordance with the Management of Health and Safety at Work Regulations 1999, as well as a number of other pieces of legislation, some of which are specific to certain industries.
As per these regulations, employers need to do the following:
- Take all of the reasonable steps that are needed to make certain you are free from harm and safe while in the workplace
- Give you sufficient training so that you are able to worry without the risk of getting injured
- Conduct risk assessments to ensure the equipment used and work procedures followed are safe
If an employer has failed in their duty to carry out the three steps above, and you have been injured as a consequence, you can make a claim for compensation.
There are many different types of accidents that can happen in the workplace. Let’s take a look at the most common…
- Fights at work (your employer would be to blame if he or she knew there was a threat of someone being violent towards you and they did not take any action to stop it)
- Walking into an object that should not be there
- Exposure to loud noise
- Inhaling toxic fumes
- Lacerations and cuts
- Collisions and crashes
- Repetitive strain injury (RSI)
- Being hit by falling objects
- Muscle strains
- Slips, trips and falls
- Overexertion injuries
- Falls from heights
- Machine entanglement
Please note that it does not matter whether your injury was listed above or not; you can still make a claim for any accident that was not your fault.
If you are responsible for an accident that has happened in the workplace, it is highly unlikely that you will be entitled to compensation. However, if you were in some way partially responsible for the incident, you might still secure a payout. This will be a lower amount to reflect your involvement, but it is definitely worth pursuing, as the compensation will help you to deal with any costs you have encountered because of the accident. You should never merely assume that you are to blame, especially if you only feel this way because your employer or someone else has told you so. For example, if you were not carrying out a task correctly, you may think the accident was due to your actions. However, if you never received the right training on how to carry out the task in question, then it is likely that your employer would actually be to blame.
It is important to note that there is a time limit for making a work accident claim, and this limit is three years. This means you have three years from the date of the accident. Therefore, if you fell from a height on 12thJanuary 2018, you would have until 12thJanuary 2021 for court proceedings to be issued. If you were then dismissed from work on 17thMarch 2018, you would again have until 17thMarch 2021 to launch a claim for unfair dismissal. Nevertheless, it is advisable to claim as soon as possible, especially when it comes to unfair dismissal. After all, the details will be fresh in your mind and it will be much easier to gather evidence. If you were to find a new job and decide to claim against your old employer three years down the line, you would still be well within your right to do so, but it is likely that the claim process would be a little bit more difficult.
Are there any exceptions to the rule? Yes, there are in the case of workplace accident claims. There are some incidents whereby pinpointing an accident date is impossible because symptoms have shown up a long time after the event. A common example of this is industrial diseases. Often, you will be claiming for a place of employment you were at say 20 or 30 years ago, as the effects of such illnesses don’t usually show up until later in life. For cases like this, you will have three years from the date of your diagnosis. Moreover, if you were a child when the accident happened, which could be the case if you left school and started working from the age of 16-years-old, you would need your parents to claim on your behalf at this age. If they don’t, you have three years to claim yourself from the date of your 18thbirthday.
If you have been involved in an accident in the workplace, you can claim for any injury you have sustained. This not only includes physical injuries, but you can claim for psychological injuries as well. A lot of accidents can be traumatic, and this can result in people needing counselling to help them come to terms with what has occurred. If this applies to you, you will be able to claim for the mental impact of the accident.
Aside from this, you will be able to claim for any costs that you have encountered because of the accident. This could be a loss of income. It could also be childcare fees because you have required assistance during your recovery, or travel expenses because you have had to take public transport or travel to and from the hospital regularly. You simply need to show that the cost has stemmed from the injury, and you should have receipts or other forms of proof to back up your claim.
If you have been dismissed after an accident at work, there are a number of short-term effects you may experience. These are as follows…
- Money problems – When your income suddenly stops coming in, this can cause serious problems if you do not have any savings.
- Stress – Losing a job can be extremely stressful, which can have an adverse impact on your health, especially when you already have an injury to cope with.
- Lack of confidence – There is no denying that losing a job can make you feel down and some people suffer from a lack of confidence.
If you have been dismissed after an accident at work, there are a number of long-term effects you may experience. These are as follows…
- Money problems – Not only can losing a job create instant money problems, but this can turn into a bigger, long-term issue if you do not replace this source of income as soon as possible.
- Trouble getting another job – If you have been sacked for injury at work, this does not reflect well on your CV, even though you know it’s not your fault. This is why it is important to claim so you can right this wrong as soon as possible.
I had an accident at work what are my rights?If you have been involved in an accident at work, your status – i.e. a permanent worker or agency worker – may have an influence on your rights. If you are an agency worker and you have been at your place of work for over 12 weeks, you are actually entitled to the same rights as a permanent worker. You should also check out your contract so you can understand the rules in regards to sick pay / accident at work pay entitlement. If you are an agency worker and you have only been on the job for a short amount of time, you can still delay, so please do not let this deter you.
If you want to take legal action against an employer, you need to get in touch with a law firm that has the experience to handle your case professionally and effectively. This is where Legal Expert comes in. All you need to do is give us a call and we will carry out a free consultation. We will get to know what has happened to you so that we can advise you in the best possible manner. If you are happy to proceed, we will then handle your case for you, ensuring you are informed throughout and that the highest amount of compensation is secured.
There are a lot of legal firms available in the UK, but we promise that you will struggle to find better than Legal Expert. We are always focused on securing the maximum payout amounts for our clients. We will provide you with a solicitor that has up to 30 years of specialist experience, and we will be with you every step of the way when making your claim for your dismissal after injury at work. We always put our clients first, and you only need to read reviews that have been left about our company to see that this is the case.
So, how do we actually help you? Well, firstly, we provide free legal advice. This means you can give us a call to discuss your potential claim and we will provide expert guidance. We can also help you with gathering evidence and organising a local medical if needed. Once you are ready to start the claim process, we will then provide you with the right solicitor for you. This solicitor will work hard to make sure you get the maximum payout amount. They will also keep you informed throughout, communicating via telephone, email, or any manner that best suits you. We can help you to launch a claim no matter where in the UK you are based.
When making a claim, one of the important factors you need to consider is the legal fees you are going to need to pay. A lot of people do not take legal action because they are worried that they won’t be able to afford it. Plus, they fear that they are going to spend money on a solicitor and then they won’t get any compensation at the end if the claim is unsuccessful. There are also those that cannot afford to pay for legal fees and then wait ‘x’ amount of months until their compensation comes through. Does this sound familiar? It is understandable that you would be concerned about this, but there is no need to worry, as the No Win, No Fee approach answers all of these potential problems.
The No Win, No Fee approach means that you only pay your solicitor if the claim is successful. If he or she does not secure a payout for you, you will not have to pay them any legal fees. Instead, you pay the solicitor a percentage of the compensation you win. This is a figure that will have been agreed on beforehand. This eradicates any of the financial risk associated with making a claim. It means that, no matter the outcome of your case, you are not going to end up out of pocket. There are also a number of extra benefits that come with this. Firstly, you can be sure that your solicitor is going to be doing everything to win the claim. After all, if they aren’t successful, they don’t get paid! This also means that a No Win, No Fee solicitor will never mess you about or waste your time. If they do not believe your case is strong enough, they will tell you from the off.
If you have been injured in the workplace and you have been fired for making a claim, call us today for some free legal advice. You can also get in touch if you have been injured and you are yet to make a claim; we can help you to get the compensation you deserve. We have a team of friendly and experienced professionals that will provide you with free advice. When you call us, you are under no obligation to use our service. However, if you do want to continue and make a claim, be it for the work accident itself or the unfair dismissal, we can provide you with the best solicitor based on the ins and outs of what has happened to you. There are a number of different ways you can get in touch with us. The best way to contact us is to ring our direct line on 0800 073 8804, which is available seven days per week from 9 am until 9 pm. To request a free call back, just us the contact us box on the homepage of our website. We also have a live chat feature, which is also available seven days a week, as well as an online contact form. Finally, you can send an email to firstname.lastname@example.org, and one of our team members will respond to you as quickly as possible.
If you have been injured and you want to diagnose the issue, you can use this link to head to the NHS symptom checker page:
To find out more about your rights as an agency worker, including equal treatment, pay, maternity rights, and much more, head to the above link
This link takes you to the UK Government Health and Safety Executive website, where you can download a free copy of RIDDOR, which is the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013.
You can head to the above link for statistics regarding non-fatal injuries at work in Great Britain.
Find out how to claim and also how much compensation you could claim.