FAQ Is Suing Your Employer While Still Employed Difficult?
If you have been injured in an accident in the workplace, you may need to seek help and treatment from a doctor as soon as possible. Once you have gotten this help, you may need to consider whether or not the accident was your fault. If it was not, and your employer could be held liable for your injuries, you could be entitled to compensation, and so suing your employer while still employed in the UK could be an option.
If you would like to speak to our advisors regarding a case of workplace negligence that has caused you harm, or you would like to begin an accident at work claim against the employer that has been negligent in regards to your health and safety, please do not hesitate to give Legal Expert a call on 0800 073 8804. First, though, we would recommend that you keep reading to discover more about this sort of case and how to sue your employer for injury, as there may be information below about suing your employer while still employed in the UK that could be helpful to you.
Select A Section
- A Guide To Suing Your Employer While Still Employed
- When Could I Sue An Employer For An Accident At Work?
- How Much Time Do I Have To Sue An Employer Whilst Still Employed?
- Points To Remember If Suing Your Employer While Still Employed
- Could My Employer Dismiss Me For Suing Them?
- How Do You Sue An Employer?
- How To Choose A Solicitor When Suing Your Employer
- Calculating Workplace Accident Claims Against An Employer
- Could I Claim Compensation For Financial Losses And Expenses?
- No Win No Fee Claims Against An Employer While Still Employed
- Start A Claim Against An Employer
- Further Information
Can you sue your employer while still employed? Is a question you could be asking if you’d been injured in a workplace accident. The simple answer is if you have been injured at work, and your employer was at fault, you could be eligible to claim compensation. All employers in the United Kingdom have a legal obligation to provide a safe and healthy working environment. There are numerous pieces of legislation in place that enforce this. One of these that you may be familiar with is The Workplace (Health, Safety, and Welfare) Regulations 1992. There are then laws that pertain to specific industries and work environments regarding health and safety. If your employer has failed to adhere to the regulations that are in place, and you have been injured as a consequence, you may be able to make a claim for compensation. However, you may have a number of different questions that you would like answered, especially if you are still employed at the company in question. Will you lose your job if you make a claim? How much time are you going to have to make a claim? This information and more about suing your employer while still employed in the UK is covered in the guide below.
Before we answer the question ‘Can you sue your employer while still employed?’ Let us first take a look at the grounds for a lawsuit against an employer. All employers, no matter where you work or what industry you are based in, are legally required to provide you with a safe and healthy working environment, as much as could be deemed reasonable. However, there are still going to be risks for employees in the workplace, especially in certain fields – such as construction and manufacturing.
If there is a specific danger in the workplace, it is imperative that employers take steps to reduce risks to employees by either removing a hazard or making it clear that a hazard is present so that workers can take steps to avoid being injured. Other steps an employer could take to protect their workers from risks in the workplace could also include providing relevant training, ensuring there is adequate provision for personal protective equipment if it is required, and maintaining any equipment used to a safe standard. Employers could also be held responsible for their worker’s behaviour in the workplace. For example, if an employee demonstrates negligent or dangerous behaviour, it would be the duty of the employer to ensure that the employee in question is told that this behaviour is unacceptable, and the employer should take any necessary steps to stop such behaviour.
When it comes to having grounds to sue an employer for a personal injury, the most important thing is being able to prove that your employer is at fault for your suffering. There are many different ways your employer could be responsible for your injuries. For example, they may have failed to provide the necessary training regarding the risks in your working environment or they may have not provided you with the protective equipment that is required. It could also be vital to make sure you report the incident to your employer and / or safety representative if you have one. This is because they will need to make a workplace accident report in the accident book, which all employers are required to have by law.
If you have suffered an injury because of a lack of care towards your health and safety in the workplace, you could have grounds for making a personal injury claim and you could use a personal injury solicitor to help put such a claim together. But, aside from accidents in the workplace, there are other reasons why you may choose to sue your employer.
These could include stress-related illnesses, which still fall under the criteria where you could sue your employer for injury. Other workplace lawsuits could be launched for redundancy, being constructively dismissed, being a victim of harassment in the workplace, wrongful dismissal, being discriminated against or being unfairly treated.
If you want to sue your employer for injury, there would a time limit within which you’d have to launch a claim. This personal injury claims time limit is three years in most cases. This means you have three years from the accident date in order to make a claim. However, there are some exceptions to this rule. For example, if you were under the age of 18-years-old when the incident happened, you could have three years from the date of your 18th birthday to make a claim. Furthermore, there are incidents where it is not possible to pinpoint an accident date. For example, injuries like industrial deafness could develop over time, and therefore, it may be difficult to determine when the injury first occurred. Because of this, you could have three years from the date of the diagnosis instead.
Making a claim against someone who you work for could feel daunting. However, there are a few things that you may wish to remember if you are considering suing your employer while still employed in the UK…
- Knowing your rights as an employee.
You may wish to make yourself familiar with the policies and procedures that the company has in place for grievances. You could speak to your Human Resources department in order to access this information. You do have a legal right to be treated no differently at work because of any claim you may launch against your employer.
- Keeping records of your grievances, type of accident, type of injury, cause of the accident, and any other important details.
It could also be advisable to keep notes of what has happened to you. Without witness corroboration or solid evidence, it could be challenging to prove that your employer has breached your rights and you could end up in a battle whereby it is simply your word against theirs. This is why we would recommend keeping a journal of what you experience and observe. If your case does go to court, this could be used as vital evidence. It may be prudent for us to mention here that a large number of personal injury cases never go to court, as they are settled beforehand.
- Making an official complaint.
You may also want to get in touch with your Human Resources department and make them aware of what has happened. This could give them the chance to begin an investigation regarding your complaint, and they can do this in an official capacity. If applicable, it may be a good idea to also make your trade union aware of what has happened, as the representative could be able to give you advice and support on what to do next.
Can you sue your employer and still work there? The short answer is yes. If you are making an accident claim for a workplace incident and suing your employer for an injury, you may worry about the impact this could have on your working life. Some people may fear that it could cause issues for them in their daily work, whilst some may be concerned that they could be fired for making a claim. This is something you should not have to worry about. If your employer is at fault, he or she should know that they could have to compensate you and they should have insurance in place to deal with this. They should also be aware that if they were to sack you, you could then have grounds for unfair dismissal. This could put your employer in an even more difficult position, as you could sue your employer for unfair treatment.
In order to sue your employer, you would need to gather evidence to show that they have breached legislation and to build a strong case. We would advise you to find out what the grievance procedure is, so you know what steps you’re meant to take in order to try and resolve the issue, according to company procedures. If you are not aware of what these procedures are, it may be a good idea to speak to your line manager or supervisor. If you have trade union membership, you could get advice on suing your employer while still employed from one of your union representatives.
You could also get help from the Advisory, Conciliation, and Arbitration Service, also known as ACAS. They could provide impartial advice and information. You could contact them at any stage of the issue you are experiencing. They would also need to be notified prior to any matter reaching an Employment Tribunal.
If these steps do not help you to get to an outcome you are satisfied with, it could be wise to get in touch with an experienced lawyer who would be able to help you make a claim. If you believe you are in a position whereby you could sue your employer for injury, we could provide you with a solicitor who could help you with a claim.
There are many different injuries that could arise because of workplace incidents. Some could occur because of accidents, such as construction incidents, whereas others could occur over time because an employer has failed to provide the necessary training or equipment to avoid such illnesses or conditions. These may include industrial deafness and repetitive strain injury, for example. No matter what type of injury you have sustained, there is one thing that could help to build a strong argument for compensation and maximise the amount of compensation you could receive and this is finding an appropriate lawyer to take on your case.
There are many different factors you may need to consider when you are narrowing down your search for the most appropriate accident lawyer for your case. The first thing you may need to look at is the experience of the solicitor. It may be prudent for you to ask what experience they have in pursuing claims of this type.
Aside from this, you may also want to look at the success rate of the solicitor. It may also be a good idea to read reviews that have been left by previous clients, as this could provide you with an effective understanding of the quality of service you are likely to experience if you choose the personal injury lawyer in question to help you sue your employer for injury.
Last but not least, it may also be a good idea to use the services of a solicitor that works on a No Win No Fee basis. By doing this, you would only pay legal fees once you claim had been successfully settled.
When calculating workplace accident claims, there are a number of different factors that could be considered. This includes the severity of the original injuries, the symptoms you have experienced, how your injuries are going to impact you in the long run, and more. In the table below, we have provided information from the Judicial College Guidelines, rather than including a personal injury claims calculator, to help you understand the approximate level of payout you may be entitled to.
|Severe tinnitus and noise-induced hearing loss||These injuries could tend to occur as a consequence of someone being exposed to noise in the workplace for extended periods of time. The total measurement of the hearing loss would not be the only factor considered here. Age could also be relevant because hearing difficulties tend to impact people as they get older.||£27,890 to £42,730|
|Collapsed lungs||In such a scenario, the person in question would have experienced collapsed lungs yet they would have made a full recovery without complications.||£2,060 - £5,000|
|Smoke inhalation - Chest damage||In some workplaces, smoke inhalation or toxic fume inhalation is a possibility when the correct Personal Protective Equipment has not been provided. This could leave some residual damage, yet it would not be severe to the point whereby the lung function is permanently harmed.||£5,000 - £11,820|
|Mesothelioma||This is a disease that could often be related to asbestos exposure causing severe pain and impairment of both function and quality of life. There are numerous factors that could influence the payout here. This could include the following: the extent of life lost to the disease, the level of symptoms, domestic circumstances, and several other considerations.||£65,710 - £118,150|
|Chronic asthma||This payout bracket relates to chronic asthma conditions whereby breathing difficulties could arise as a result. You will have an uncertain prognosis, a restriction on employment options, and you may need to use an inhaler on occasion.||£24,680 - £40,370|
|Minor hernia injury||This payout bracket is for cases whereby the claimant could have experienced an indirect and uncomplicated inguinal hernia, possibly repaired, and there is no other damage to their abdominal area.||£3,180 - £6,790|
|Severe back injury||This refers to the worst type of back injuries, for example, injuries whereby there is damage to the nerve roots or the spinal cord. This could lead to a number of extremely severe consequences that are not usually found in back injury cases. For example, there could be a significantly impaired bladder and/or incomplete paralysis.||£85,470 to £151,070|
When suing an employer for injury you could receive compensation by way of general damages and special damages. The former relates to compensation for your injuries. This takes into account the nature of the injury/ies, the severity, and the lifelong impact they could have on your life. Special damages could compensate you for any costs you have encountered as a result of your injuries. This can be anything from loss of income to medical expenses, travel expenses and care costs, to name but a few.
Some people may fail to make a personal injury claim because they may fear it would be too expensive. However, this is not something that claimants would have to worry about when it comes to No Win No Fee solicitors. You would not need any money to begin your claim, as with this approach, you do not pay anything upfront. Instead, under the terms of a Conditional Fee Agreement, the solicitor would take their payment as a ‘success fee’ from the compensation settlement at the end of your claim. This will typically be a percentage (no more than 25%) of your payout, and you would have agreed on the percentage beforehand. If there is no compensation at the end of the case, you would not need to pay the solicitor this success fee. All of our solicitors work on this basis.
No matter whether you are in a position to make a workplace accident claim, you still have queries about the personal injury claims process or you would like to see if you could be eligible for compensation, you can call us on 0800 073 8804 or leave your details via our contact form and we’ll get in touch with you. We look forward to hearing from you if you want to sue your employer for injury or if you simply want to find out more about how to win a lawsuit against your employer you can get in touch with us at any time.
Who Pays Your Medical Bills? – This guide reveals who pays your medical bills if you have been injured at work in a workplace accident.
British Army Accident At Work Claims – If you have been injured in the workplace while working for the British Army, you may be wondering how to claim. This guide reveals all.
NHS Accident At Work Claims – We also have a guide that provides plenty of useful information for anyone that has been injured while working at the NHS.
Health And Safety Legislation – You can use this link to find out about all of the different laws that are in place for workplaces in Great Britain pertaining to health and safety.
Unfair Dismissal – If you have been dismissed from work and you believe that you have been unfairly treated, you can use this link to find out whether this is the case.
Reporting of Injuries, Diseases and Dangerous Occurrences (RIDDOR) – This link tells you about the legislation that is in place for reporting injuries.
Written By Jo
Edited By Melissa.