Could I Be Sacked If I Claim For An Accident At Work?

By Mark Anderson. Last Updated 12th March 2021. Welcome to our guide, which asks the question, “could I be sacked if I claim for an accident at work?” An accident at work is an unfortunate, unforeseen, and at times, costly experience. If you were involved in an accident at work that was caused by a breach of the duty of care owed to you by your employer, then you are permitted by law to pursue a claim against your employer without running the risk of losing your job.

If you were sacked after an accident at work, this could be deemed as unfair dismissal, and you could have grounds to make a separate claim under employment law. Throughout this guide, we shall provide those affected by such situations with relevant and useful information. If at any point when reading this guide you have a question, you can contact a member of our team. Our knowledgeable team of advisers can offer free legal advice of no-obligation and are more than happy to speak with you. Call the number at the top of this page.

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A Guide On If You Could Be Sacked For Claiming For An Accident At Work

Could I be sacked if I claim for an accident at work

Sacked after an accident at work

If, when performing your daily tasks, you are negligently harmed through no fault of your own, you might contemplate making a claim against your employer for compensation. All employers have a duty of care concerning workplace safety, and a failure to comply with their legal obligations could make them liable in the event of an accident. 

If you have been involved in an accident at work, you might be apprehensive about bringing a claim against your employer, as you might fear the security of your job.  But if an employer has breached their legal duty of care and avoidable harm has been inflicted as a result, you are permitted to make a claim and securely remain as an employee throughout the claims process. 

If you have been sacked after making an accident at work claim, you could have potential grounds to claim for unfair dismissal.

Beyond answering, “could I be sacked if I claim for an accident at work?”, this guide shall answer questions regarding the claims process, such as:

  • What is unfair dismissal?
  • Can I be sacked for making a claim?
  • Should I claim for an accident at work?
  • What is a personal injury claim?
  • What is a No Win, No Fee agreement?
  • How could Legal Helpline assist me with the claims process?

Here at Legal Helpline, we could provide those sacked after an accident at work with legal support and guidance. So if you have been dismissed after an accident at work, please read on for useful information. Alternatively, please contact a member of our team for free legal advice.

What Is An Accident Claim Against Your Employer?

If you are reading this guide, you might be wondering what is meant by a claim against an employer, or you might be curious how a claim against a negligent employer works? 

In the UK, employers are legally responsible for the health, safety and welfare of their staff and visitors to their premises. To ensure a safe environment has been provided, employers have a variety of duties of care which they must uphold. A duty of care ensures hazardous causes have been prevented, reducing any risk to employees’ and visitors’ safety. 

If an employer neglectfully caused a workplace accident, you as an employee could have grounds to claim compensation. When making an accident claim against an employer, your position as an employee shouldn’t be compromised or defined by your claim. If you are unfairly dismissed due to your accident, then you could have grounds to claim with a solicitor from our panel.

What Duty Of Care Do Employers Owe Employees?

Regardless of a company’s size, every employer has a duty of care. This obligation is both a legal and ethical requirement that ensures all employees are provided with a hazard-free workplace. The Health and Safety Executive (HSE) state that an employer must protect the welfare, health, and safety of their employees, and this obligation also extends to other people who might be affected by the business, such as customers. To achieve a safe and hazard-free working environment, there are measures (as outlined by the HSE) companies could follow. These include:

These measures will help create a safer working environment, and a failure to do so could lead to an accident. If your employer isn’t upholding their duty of care, it could make them liable in the event of a workplace accident. According to the Health and Safety Executive (HSE), 65,427 injuries were reported to RIDDOR in 2019/20 alone, with the Labour Force Survey suggesting 693,000 worker injuries during the same period. So, as you can see, accidents often do happen at work. If you believe your employer has breached their duty of care and you’ve suffered avoidable harm as a result, and you’re wondering, “could I be sacked if I claim for an accident at work?”, please speak to a member of our team.

What Is Constructive Dismissal And Could I Claim Compensation For It?

Constructive dismissal is when your employer has made it virtually impossible for you to stay within your current job but hasn’t formally dismissed you. Citizens Advice states that if an employer seriously breaches your contract, leaving you no choice but to resign from your job, then you could have grounds to make a claim. To do so, you must be able to provide evidence. For example, you could have grounds to claim constructive dismissal if you resigned because your employer:

  • Demoted you from your current position.
  • Made unreasonable/unnecessary changes to your work (such as longer hours)
  • Refused to pay you.
  • Failed to make your working environment safe.
  • Took your benefits (outlined in your contract) away from you.
  • Failed to provide you with the support you needed.

In most cases, a constructive dismissal claim would only apply to those that have worked with their employer for longer than 2 years. However, it is always best to seek legal advice, and in that regard, Legal Helpline can assist. Call us on the number at the top of this page to speak to one of our friendly advisors.

Will My Accident Claim Harm My Employer?

Employees often feel a sense of loyalty to their employer. So, if they have grounds to make a claim, they might be concerned whether proceeding with it could harm their employer financially, and by extension, their colleagues. Hence you wondering, “could I be sacked if I claim for an accident at work?” The claims process is designed to provide justice for the wrongful harm inflicted, and when making a claim, it is often made against an insurance policy, so an employer will not pay the costs themselves. Let’s explore how this process works in further detail.

Will My Claim Be Against My Employer Or Their Insurance Policy?

If your employer has negligently injured you, you may be wondering if your claim would be made against their insurance policy or the company directly? While it may be your employer’s name on the court documents, you will likely be dealing with their insurance provider. Most employers are required by law to have insurance coverage for the very purpose of protecting them and, more importantly, their employees in the circumstances such as these. This requirement is outlined in the Employers’ Liability (Compulsory Insurance) Act 1969, which clearly states that all employers must have insurance cover in place.

Could I Maintain A Good Relationship With An Employer During My Claim?

Through the measures that have been outlined by the HSE, employers are required to minimise hazards as much as reasonably possible in the workplace. But despite these measures, it is fair to say it is nearly impossible to prevent all workplace incidents from occurring. 

If you suffer an injury because of your employer’s negligence and wish to make a claim, you might question if the claims process will compromise your professional relationship. More to the point, you might ask yourself, “could I be sacked if I claim for an accident at work?” When claiming against an employer, it is entirely possible to maintain a healthy and civil relationship. Not every compensation claim is filled with tension and hostility, as most parties wish to resolve the issues at hand amicably and right the wrongs that have been committed.

Could I Keep My Workplace Accident Claim Private?

Nobody prepares, nor do they expect to be involved in an accident of any nature, much less an accident in the workplace. Understandably, a claim against an employer could be a stressful and anxiety-inducing experience. When claiming compensation, you might question if your claim will be kept private. This is a justifiable question to ask. Many people value their privacy during situations such as this.  When pursuing a claim against a negligent employer, the only parties that need to know of your claim include:

  • Yourself
  • Your Employer
  • Your Solicitor
  • Indirect parties who are valuable to the claims process or need to be informed (such as your insurance company).

The details of your claim will be contained between these parties. Confidentiality is an integral part of the claims process.

Could I Claim Compensation If My Employer Has Gone Out Of Business?

If an employer has gone out of business, you might be unsure if you have legal grounds to pursue a claim. After a workplace accident, you’re granted just three years from the date of the accident to issue a claim. Otherwise, you may be barred from claiming altogether. If during this period the business closed down, you could still make a claim.

If the company is dissolved, in administration or in liquidation, our panel of solicitors could help you track down their employers’ liability insurers and proceed with the claim against them instead.

Accident In The Workplace Compensation Claims Calculator

As you ask, “could I be sacked if I claim for an accident at work?” you may also wonder about compensation. If you’re awarded compensation, your settlement package may consist of two heads of claim: general damages and special damages. There is a significant difference between the two, and within this section of the guide, we shall discuss general damages.

General damages are designed to compensate you for the pain, suffering and loss of amenity inflicted by the injuries. The amount awarded should reflect the severity of the injury. At this stage, it isn’t easy to place a precise figure on the value of your own case. This is because every claim is unique. To give you an idea, however, we’ve included a personal injury claims calculator. The figures in this table have been taken from the Judicial College Guidelines, a legal publication used by solicitors and the courts to value claims. 

InjuryThe Severity of the Injury Injury Description Amount Awarded
Back InjuryMinorIn cases where minor back injury is caused, the affected individual would be expected to make a well-rounded recovery within two to five years. However, minor symptoms could prevail beyond this point. £7,410 to £11,730
Back InjurySevereIn cases of a severe back injury, it will lead to a combination of very serious implications. In most cases, there will be severe pain, disability, with a significantly impaired bladder, bowel, and sexual function.£85,470 to £151,070
Neck InjuryMinorAn injury of this nature would is expected to heal within three months to a year. This bracket would also apply to very short-term acceleration.£2,300 to £4,080
Neck InjurySevereA severe neck injury is often associated with incomplete paraplegia, or, resulting in permanent spastic quadriparesis. In most cases, the affected individual will have little to no movement have serious headaches. In the region of £139,210
Shoulder InjuryMinorMinor shoulder injuries are often expected to cause considerable pain, but make a complete. Within this bracket, the affected individual would be expected to make a recovery within less than two years. £4,080 to £7,410
Shoulder InjurySevereSevere shoulder injuries often involve a dislocation of the shoulder and damage to the lower brachial plexus. This will cause significant pain, suffer, and disability.£18,020 to £45,070
Leg InjuryMinorLess severe leg injuries often involve fracture with an incomplete recovery or serious soft tissue injuries. In most cases, the injured person will make a reasonable recovery but could be left with a metal implant, a limp, or limited mobility and sensory.£16,860 to £26,050
Leg InjurySevereSevere leg injuries are often associated with amputation. Such injuries would include an extensive devolving of the leg, where there is gross shortening of the leg. Alternatively, fractured have not untied and extensive bone grafting would fall into this category.£90,320 to £127,530

For a more accurate valuation unique to your circumstances, you can call our team on the number at the top of this page.

Compensation Which May Be Awarded For Losses And Costs

Special damages are intended to compensate you for any financial losses or expenses that you may have incurred due to the injury. Some examples of the types of things you can claim for include:

  • The loss of earnings
  • Travel costs
  • Medical costs
  • The cost of care

No Win No Fee Claims Against Employers For Workplace Accidents

If you’re asking, “could I be sacked if I claim for an accident at work?”, chances are you have a viable case. And if you have valid grounds to pursue a claim, then a solicitor from our panel could offer to handle your claim on a No Win No Fee basis. A financial agreement of this nature acts as a mutually approved contract between the claimant and the solicitor. If a solicitor takes on a claim under an arrangement of this nature, it reduces the threat to the claimant’s finances and eliminates upfront fees. Not only this, if your case is unsuccessful, but you also will not have to pay any of the fees your solicitor has incurred in pursuing your case. 

If the solicitor successfully negotiates a settlement, they may ask for a small contribution toward their costs, known as a success fee. This forms a percentage of the compensation awarded at the end of the claim. Don’t worry, success fees are legally capped and agreed upon with you at the outset.

For more information on No Win No Fee agreements, please speak to a member of our team.

Why Choose To Make An Accident At Work Claim Through Us?

If you have been sacked after claiming for an accident at work, then you might be searching for a solicitor for help and support. If that is the case, then Legal Helpline could assist you. We work with a distinguished and highly knowledgeable panel of solicitors that are well-versed in personal injury law.  If a solicitor from our panel takes on a claim, they could provide legal advice, support, and guidance throughout the claims process. So if you have been affected by the negligent actions of an employer, Legal Helpline is here to assist.

For more information on how our panel of solicitors could be of service, please speak to a member of our team today.

Start Your Claim Against An Employer

Maybe it’s more than you asking, “could I be sacked if I claim for an accident at work?” Perhaps that scenario has already occurred. If you have been sacked for claiming after an accident at work, why not call us and begin your claim? Here at Legal Helpline, our qualified team of advisers are standing by to take your call, answer your questions, and assist you however they can.

With a vast amount of personal injury knowledge, our team of advisers can offer free legal advice, and they are available 24 hours a day, 7 days a week. Alternatively, we have an online enquiry system. If you wish to enquire online, submit a form, and a member of our team will contact you at a later date.

To speak with an adviser, the number to call is 0161 696 9685.

To enquire online, please click here.

Supporting Resources If Sacked For Making A Claim

We deeply hope that this online guide has provided you with the advice you need if you have been sacked for making a claim. To create a stronger understanding of the topic at hand and to get more help if you’ve been sacked for making a claim, we have provided some additional materials below. You can find these materials located below.

Could I Be Sacked If I Claim For An Accident At Work FAQs

Is it possible that I may be sacked for having an accident at work?

It is against the law for an employer to sack an employee in the aftermath of an accident. This doesn’t necessarily stop an employer from making such a decision. But if they did, you could then pursue an unfair dismissal case for compensation.

What are my rights if I do have an accident at work?

You have the right to receive proper compensation for your pain and suffering, along with any other related financial losses. And you also have the right to Statutory Sick Pay (SSP), should the accident cause you to take time away from work.

How long could an accident at work claim take?

In most cases where injuries are minor, chances are that you make a full recovery before a settlement is reached. In these cases, it generally takes between 4 and 8 months for a settlement to be agreed upon. For more serious injuries where the employer is clearly responsible, a settlement could come sooner than that.

What happens if an accident at work is not reported?

If this were to happen, the employer could receive a major fine. That’s because it’s a legal requirement to note all accidents in the workplace regardless of the circumstances. This accident logbook is mandatory, hence why the employer could be heavily penalised if they fail to do so.

Guide by MN

Edited by REG

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