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Can I be sacked for making an accident at work compensation claim?

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.

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If you’ve had an accident at work, you should get in touch with our specialist team as soon as possible.  We’ll take the details we need and explain the next steps. We always recommend you take the following steps, but don’t worry if there’s something here you haven’t done:

  • Complete an accident report and inform your Health and Safety representative at work
  • If you are still in pain, shock, or distress when the report is completed, do not sign it.
  • Keep details of anyone who witnessed the accident.
  • If possible, as soon as you can, ask your Health and Safety representative to take photos of the scene and make them available to you.
  • Write down your recollection of exactly what happened in the accident, including the location and approximate time.

Work Claims Bureau prides itself on progressing your claim promptly whenever it is possible to do so. No two claims are the same. How long your claim lasts is dependent on a number of factors, including:

  • The prognosis for your injuries
  • The conduct of all parties involved
  • Whether your employer admits they were at fault or if we need to fight your case on your behalf

Bearing this in mind, work accident claims typically take between 6 months and 24 months to conclude.  However, this is not ‘written in stone’, and they can last a shorter or longer time than this.

Your employer faces further culpability if they take disciplinary action against you or terminate your employment simply because you make an honest claim for personal injury. There is legislation in place to protect you. You are doing the right thing in reporting your accident and formally submitting a claim, both for yourself and for your employer in helping prevent similar accidents happening in the future.

Talk to one of our claim experts now to find out how much compensation you could be entitled to

All the claims we handle are on a No Win, No Fee basis. Find out out how much your claim is worth today