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Can my employer take action against me for making a personal injury claim?

If you have been injured at work and are considering making a personal injury you may be concerned about the effect on your relationship with your employer, or even that you may jeopardise your position.  Concerns like these are understandable and fairly common, especially where workers are unfamiliar with how the civil claims system works in the UK.

Legally, you cannot be dismissed or discriminated against simply for making a personal injury claim. 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.

Equally, if an employer were to make an employee’s working life unbearable after he or she submitted a personal injury claim, leading to them handing in their notice, there would be a potential case for constructive dismissal.  

Instances of conduct like this are rare, and there is legislation in place to protect you. You would, in reality, be 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.  

In the first instance, your claim will usually be submitted to your employer’s liability insurer.  Dealing with claims is exactly the reason that companies have policies of liability insurance, and they will follow established procedures in properly investigating any claim.

Acas, recognized as Britain’s leading impartial authority on workplace relationships, say:

“Legally, employers must abide by relevant health & safety and employment law, as well as the common law duty of care. They also have a moral and ethical duty not to cause, or fail to prevent, physical or psychological injury, and must fulfil their responsibilities with regard to personal injury and negligence claims.”

Our solicitors have years of experience in assisting workers get the compensation and support they deserve after an accident at work.  We offer to deal with claims on a No Win, No Fee basis, and we only recover legal costs if we are successful. Call us on 0808 256 5184 to speak to one of our helpful team or get in touch online.

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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