Will Suing My Employer Create Problems? – Accident At Work Compensation Claims Guide
Will suing my employer create problems for me in the workplace, with my employer, or with fellow workers. The worry over the breakdown in employer relations over a personal injury claim can make the process of claiming compensation a very daunting prospect. People worry that seeking a compensation claim against an employer could lead to them being treated differently or even being dismissed for making a claim.
Every employee is entitled to seek compensation from current or former employers if the business has breached their duty of care, and in so doing, caused you to experience an injury. One thing you should know straight away is that you can not be dismissed or discriminated against by your employer for making a claim.
By law, all employers in the UK should have adequate insurance to cover accidents in the workplace. It is often this insurance policy which will pay out compensation to you, rather than the business itself. In many cases, your employer will only have a small degree of involvement in your claim. The insurance company will, if needed, conduct a defense of the business. They will also settle your claim.
All workers in the UK have a wealth of rights in the workplace. One of those rights is to make a personal injury claim in the event of experiencing an accident or injury in the workplace. Find out more about how doing so can affect employee – employer relations in the guide below and when you are ready to make a claim, call our team on 0800 073 8804.
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- A Guide To Whether Suing Your Employer Will Create Problems
- What Is Your Employers Duty Of Care?
- Can I Be Dismissed For Claiming Compensation?
- How Will Making A Claim Affect Employer And Employee Relations
- What You Can Sue An Employer For And What Claims Can Include
- Calculator Claims Against Your Employer
- No Win No Fee Claims Against An Employer
- How Legal Expert Can Help Sue Your Employer
- Talk To Our Team Today
- Useful Links
Suing your employer while still employed should not damage relations, nor should it adversely affect your business. We have worked with claimants who have asked us, will suing my employer create problems. It should not, and this should not be your concern after suffering an injury. In fact, many businesses will encourage their employees to make personal injury claims. Most employers will take the safety of their staff very seriously and if this duty of care is breached, will suggest you make a work injury claim. Each year many workers claim compensation for a work injury, so you should not worry about doing so, or worry that your employer will act against you.
You can find lots of information about your employers duty of care at this link from the Health and Safety Executive. In the UK, the 1999 Management of Health and Safety at Work Regulations oblige employers to owe employees a duty of care to keep them safe. This means that your employer should take any steps they reasonable can to keep employees safe in the workplace. They should also give you all the equipment and training you need to work in a safe way. They should also carry out a risk assessment on a regular basis to keep working practices and equipment up to date and ensure they are still safe.
If your employer has breached this duty of care in some way, you can claim compensation for a work injury, without worrying about will suing my employer create problems. Doing so is your legal right and you should do so.
One common question or myth which we come across is the question, can I be sacked for making a claim against my employer? The simplest answer to this is that you can not be sacked or forced to leave your job for making a work injury claim. Any time you suffer an injury or illness due to someone else’s negligence you are eligible to make a claim.
Many people do worry that they can be dismissed for claiming compensation, or that taking action will in some way sour relations with your employer. We hope that we have shown that doing so is simply exercising your rights.
If you are suing your employer while still employed, your employer can not dismiss you for making your accident, injury, or illness claim. If your employer attempts to dismiss your, or coerce you into resigning or otherwise leaving your job, you could also have grounds to sue employer for unfair dismissal.
Will suing my employer create problems? It should not, but if they take steps to make your work life difficult, or your position untenable because of your compensation claim, you could be put in a position where you have to leave the company. If you do, you can make an additional claim for what is called constructive dismissal.
Is it worth suing your employer for an accident at work? If you have been left out of pocket, or suffered injuries you should be compensated for this. When you claim compensation for a work accident, there are two primary categories of compensation, general damages paid for your injury, and dealt with below; and special damages.
What you can sue an employer for in terms of special damages? Special damages cover several aspects. These are;
- The costs of medical treatment you have needed to undertake. You can claim for medication, prescriptions, and treatments.
- Expenses incurred when travelling to and from hospital, doctors, or other medical appointments.
- Care costs such as having to have help around the home.
- The cost of any adaptations to your home or vehicle.
- Lost income. This includes income from earnings and benefits.
What do you do if you get injured at work is a very common question people have when starting a workplace injury claim. When you make a personal injury claim for an accident at work the main part of your claim could be for general damages. This is paid out for your physical and/ or psychological injuries which were caused by your accident in the workplace. In the table below, we look at examples of injuries which are common in the workplace. For each, there is a settlement band with a higher and lower end. The value of your compensation claim with depend on how serious your injuries were or are.
|Reason for being compensated||Severity||Compensation band||Further notes|
|Mental anguish||n/a||£3,550||Mental anguish which leads to real fear your life will end.|
|Loss of future income||Earnings||£10,000 to £400,000||Based on income you have already lost and what you will lose in the future. Based on your current career and income.|
|Loss of future income||Benefits||£5,000 to £500,000||Based on income you have already lost and what you will lose in the future. Based on your current career and income.|
|General pain and suffering||n/a||£1,000 to £200,000||Award will take into account your pain felt and how much suffering you experience in your life.|
|Neck injuries||Minor||Up to £2,150||This may include more minor cuts or abrasions as well as minor sprains. Injuries will heal quickly.|
|Neck injuries||Moderate||£6,920 to £33,750||These may include painful injuries which could take time to heal.|
|Neck injuries||Severe||£39,870 to £130,060||This will include serious or more long-term damage.|
|Foot amputation||One foot||£73,620 to £96,150||Loss of one foot.|
|Foot amputation||Both feet||£148,540 to £176,660||Loss of both feet.|
The final amount that you could be awarded may differ from these figures as it may also take into account any awards for special damages highlighted above.
When you make a no win, no fee claim the solicitor or lawyer we provide you with will assume all of the financial risks. They will cover any upfront costs, as well as those incurred whilst conducting your claim. This might include covering court fees or the cost of an independent medical exam. As the claimant, you won’t have to make any payments or be faced with any bills. Your agreement will specify how and when you will pay the solicitor. The most crucial part for claimants is that if the claim is not successful, you won’t have anything to pay.
After suffering an injury at work you may be wondering can I sue my employer for the injuries suffered. You may also have questions such as “can I be dismissed for claiming compensation” or “can you sue employer for health and safety breach”. To answer these and other questions we have, it is a good idea to talk through your claim with an experienced personal injury solicitor. That is where we step in and can provide you with the information and services you need.
When you are ready to claim compensation for a work accident, there are several ways in which you can get in contact with the team at Legal Expert. The simplest way is to call our friendly advisors on the number above.
You can also send the details of your claim to us and request a call back from our team by using the ‘contact us’ form on this page, or by sending an email to us at firstname.lastname@example.org. However you choose to get in touch, talk to the legal experts today.
Personal injury claims calculator
Find out how personal injury claims are calculated with our guide to how much compensation you could get for each type of injury.
Personal Injury Claims Time Limit
Find out how long in which you have to make a compensation claim against an employer in our guide to personal injury claims time limits.
What You Can Sue An Employer For
Find out the answer to this and may other questions as well as how to sue your employer UK with our guide to what do you do if you get injured at work.