Can I be sacked for making an accident at work compensation claim?
If you have suffered an injury or illness at work due to the negligence of your employer, you are legally entitled to make a claim for compensation.
Under the Management of Health and Safety at Work Regulations 1999, your employer has a duty to safeguard their employees. In practical terms, this means that your employer must:
- Take all reasonable steps to ensure that you are safe and free from harm whilst at work
- Provide you with adequate training and any safety wear or equipment required to carry out your job
- Conduct regular risk assessments to ensure that the working procedures and equipment that are in place are safe and carry minimal risk of injuries occurring in the workplace
If your employer fails to abide by their duty of care and, subsequently, you suffer an injury or illness whilst at work, you are entitled to seek legal representation for the ‘General damages’ (the compensation award for any injuries you have suffered) and in addition, any ‘Special damages’ you may be entitled to (compensation for any financial loss or other expenses you have incurred).
Employee and Employer Relations
Legally, you cannot be dismissed for making or considering making a claim following an accident at work in which you are injured. If your employer attempts to do so, you could have grounds to make a successful claim for unfair dismissal. Similarly, if your employer and makes your working life difficult because you have chosen to make a claim and have no other option but to hand in your resignation, you could be entitled to make a claim for constructive dismissal.
If my claim is successful, who pays my compensation?
Your employer is legally required to have an insurance policy to provide cover for accident at work claims. A responsible employer will recognise your claim is not personal against them, you are simply seeking access to justice for the pain and suffering you have endured.
If your employer has Employers Liability Insurance, the insurance company will deal with the claim on your employer’s behalf.
Will my employer know I’ve made an accident at work claim?
Accidents that occur at work should be recorded in the ‘Accident Report Book’, therefore your employer will already be aware of the accident, prior to the claim being made. The insurer will consult with your employer during their investigations into an accident.
Recording details of accidents and their cause, as well as personal injury claims themselves, can assist your employer by identifying any risks or hazards that need addressing, to help prevent accidents from happening in the future.
If you are considering make an accident at work claim, the best course of action to take is to seek specialist advice from an experienced accident at work solicitor. Your solicitor will access your claim, discuss your circumstances with you and calculate the amount of compensation you could be entitled to.
If your claim is successful, the compensation awarded to you will be paid by your employers insurance company and your solicitor will take a success fee, which will be no more 25% of the amount awarded to you, upon settlement of your case.
Talk to us in confidence today
If you have suffered an injury at work and are considering pursuing a claim for compensation, we are on your side and here to help you receive the maximum compensation you are legally entitled to.
For more information and to receive FREE legal advice, contact us today on 0808 256 5184 to speak directly to one of our experienced team. Or, if you would like a call back, complete our online form and we will be in touch with your shortly.