Will Suing My Employer For An Accident At Work Create Problems?
By Cat Way. Last Updated 21st June 2023. In this guide, we address questions including, ‘can I sue my employer?’ and ‘will suing my employer create problems for me in the workplace?’. The potential worry over the breakdown in employer relations over a personal injury claim can make the process of claiming compensation a very daunting prospect. Some may 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.
All workers in the UK are protected by rights in the workplace. Among these rights, workers can expect that their employer will take reasonable steps to protect them from harm in the workplace as part of their duty of care. If your employer breaches the duty of care they owe you and you become injured or ill as a result, you may be entitled to claim against your employer.
If you feel you have a valid claim, or would just like free legal advice, call our team on 0800 073 8804.
Select A Section
- A Guide To Whether Suing Your Employer Will Create Problems
- What Is Your Employers Duty Of Care?
- Suing An Employer – Can I Be Dismissed?
- How Will Making A Claim Affect Employer And Employee Relations
- How Much Can You Get For Suing Your Employer?
- Accidents At Work Compensation Examples
- Can My Employer Fire Me For Suing Them? – Free Advice
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.
In this section, we’ll answer the question, ‘can I sue my employer without being dismissed?’. According to The Employment Rights Act 1966, you cannot be made to quit your work or be fired for suing an employer. This law protects your job position, even when you make claims against your employer.
You also cannot be made to quit your employment for any other reason. For example, your employer is not allowed to give the impression that your only alternative is to quit your employment and the business. This is what is referred to as a “constructive dismissal“.
While occurrences of unfair dismissal can happen, we have assisted with many accidents at work claims where both parties were able to resume normal working relationships. The problem of dismissal rarely arises in these situations.
Therefore, if you are thinking, ‘is it worth suing your employer?’ We would recommend that you seek free legal advice. Our advisors are can offer you a no obligation consultation of your case and let you know if you could potentially receive personal injury compensation.
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.
You might wonder, is it worth suing your employer? If your employer’s negligence has caused you harm, you may be entitled to personal injury compensation. You could be compensated for both a physical or psychological injury, as well as any financial harm inflicted by your injuries.
Any compensation you receive for pain and suffering caused by your injuries is referred to as general damages. This head of claim may also compensate you for any loss of amenity you have experienced. For example, your injuries may leave you unable to participate in hobbies that you normally would.
Additionally, you may receive special damages as part of your award settlement. Special damages refer to the financial harm or loss caused by your injuries or accident. For example, you may experience a loss of earnings if you have had to take time off work to recover from your injury.
Get in touch for free additional information regarding accident at work claims. Our advisors can give you further guidance on how to sue your employer as well as answer questions, such as, how much can you get for suing your employer?
Suing My Employer – What Do I Need To Know?
Following an accident at work, you may be wondering, ‘I was injured at work, and my employer was liable for the accident. Could I make a claim?’.
If your employer has breached their duty of care, and this has caused you to become injured in a workplace accident, you could make a claim. However, despite having a reason to sue your employer, you must ensure that you have the relevant evidence to support your claim. Some of the evidence you could gather could include:
- A completed accident report book (if your workplace has one on-site).
- Any photographs, videos or CCTV footage of the accident.
- Eyewitnesses’ contact details.
- Medical evidence about your injury. This could be a copy of your medical records stating your injury, e.g., a broken leg.
Additionally, you must also ensure that you make your claim within the correct time limit. The Limitation Act 1980 states that you generally have 3 years to start a personal injury claim from the date you were injured.
Contact our advisors today if you have any questions such as, ‘what are the exceptions to the 3-year time limit for personal injury claims?’ or, ‘can you get fired for suing your employer following an accident at work?’. Our advisors could also offer you free legal advice regarding your specific claim.
If you are suing your employer for an injury, you may be interested to see accidents at work compensation examples. It is important to note that every work accident claim will be assessed according to the individual circumstances, so the amounts you see are not guaranteed.
In a successful claim, you will receive general damages to compensate for your pain and suffering. Our table contains figures from the 16th edition of the Judicial College Guidelines (JCG). This publication is used by legal professionals to help value general damages.
|Neck injury - Severe (i)||A neck injury that results in permanent spastic quadriparesis or is associated with paraplegia that is incomplete.||In the region of £148,330|
|Neck injury - Moderate (i)||Dislocations or fractures that result in immediate symptoms and may require spinal fusion.||£24,990 to £38,490|
|Foot Injury - Amputation of One Foot||One foot has been amputated with the ankle joint lost.||£83,960 to £109,650|
|Foot Injury - Moderate||Displaced metatarsal fractures that lead to continuing symptoms with a permanent deformity.||£13,740 to £24,990|
|Leg Injury - Severe (iii) Serious||Ligament/joint damage or compound/comminuted fractures that result in instability and require prolonged treatment.||£39,200 to £54,830|
|Knee Injury - Moderate (i)||Minor instability with weakness and wasting caused by a dislocation or torn cartilage/meniscus.||£14,840 to £26,190|
|Arm Injury||Simple fractures of the forearm.||£6,610 to £19,200|
|Fractures of Cheekbones (i)||Serious cheekbone fractures that require surgery but leaves the person with lasting consequences.||£10,200 to £15,780|
|Injuries Affecting Sight - Minor||Injuries could include being struck in the eye, being splashed with liquids or exposure to fumes that temporarily interfere with vision.||£3,950 to £8,730|
|Shoulder Injury - Minor (i)||A full recovery within 1-2 years from a soft tissue injury.||£4,350 to £7,890|
Additionally, some claims may have a second compensation head called special damages. This head helps to recover costs incurred as a result of your workplace injury, such as loss of earnings or treatment costs. However, to claim under this head, you must be able to supply evidence. For example, if you would like to recover prescription costs, you will need your receipts.
Call our advisors for a free estimation of your work accident claim.
Now that you’ve learned more about if you can get fired for suing your employer, you may be interested in starting a workplace accident claim. While this process may seem daunting, a solicitor from our team may be able to help. Our solicitors offer their services on a No Win No Fee basis through a Conditional Fee Agreement (CFA).
When you work with a solicitor through a CFA, you don’t need to pay any fees either upfront or as your claim is ongoing for their services. Similarly, if your claim fails, you won’t be expected to pay for the work your solicitor has done on your claim. If your claim succeeds, then your solicitor will deduct a success fee from your compensation award. This fee has a legal cap, which ensures that you keep the majority of what you receive.
Our advisors are here to help. They can answer questions such as “Can my employer fire me for suing them?” and can help you identify whether or not you are eligible to make a claim. They could also put you in contact with one of our expert No Win No Fee solicitors. To get started, you can:
We hope this guide, which looks at how to sue your employer in the UK and whether such action can create problems, has proven useful for you. If you would like to speak to an advisor on this matter, then you’re welcome to contact Legal Expert for help.
Below, you can find a list of guides which may tell you more about accident at work claims:
- Discover more answers to your queries on our accident at work FAQs page
- Can I claim compensation if I’ve left the company?
- Can you lose your job if you claim against your employer?
- Injured due to tiredness or fatigue – can I claim?
- I hurt myself at work, can I make a claim?
- What to do if you cut off your finger at work
- I suffered a burn injury at work, how much could I claim in compensation?
- How to claim compensation for industrial dermatitis
- I was injured at work – what are my rights?
- Is my employer liable for an accident at work?
- What should I do if I hurt myself at work?
- Who pays my medical bills if I’m injured at work?
- Can I make a claim if injured in my probation period?
- Who pays damages in an accident at work claim?
- I slipped on water at work, can I make a claim?
- Does my employer pay my medical bills if I’m injured at work?
- Can you still claim compensation f you didn’t take time off work?
- Do you have to be an employee to make a workplace injury claim?
- I am a new employee, can I make a claim?
- How do you prove an accident at work claim?
- Do you need to be an employee to make a workplace accident claim?
- What happens if you do not report an injury or accident?
- Can I make a claim if I’m an agency worker?
- I was dismissed after an accident at work, what should I do?
- If I was partly at fault for an accident can I still make a claim?
- I am self-employed and had an accident at work, can I make a claim?
- I had an accident at work due to no safety boots – can I make a claim?
- Can an apprentice make an accident at work claim?
- I suffered a head injury due to no helmet – can I make a claim?
- Can I claim if injured because of no safety goggles?
- What is the time limit for an accident at work claim?
- What are my employers’ responsibilities after an accident at work?
- How to make a claim for inadequate tools and equipment
- What is the maximum weight I can lift at work?
- I had an accident at work, what are my rights?
- Who has the overall responsibility for recording injuries at work?
- How long after an injury at work can I make a claim?
- I fell down the stair at work, can I make a claim?
- Learn more about accident at work claims here