Accidents At Work Guide

Will I Lose My Job If I Make A Claim?

You won’t lose your job simply because of making a personal injury claim against your employer. There are a range of laws and measures in place to protect you from being dismissed. Our solicitors have helped thousands of people to make workplace accident claims, so we understand the stress and uncertainty it can cause. We also have a dedicated team of employment lawyers who can advise you on any dispute with your employer.

How Am I Protected From Losing My Job After Claiming Compensation?

It’s extremely rare that someone loses their job after making a compensation claim – it’s illegal for an employer to sack a person just because they’ve made a claim. Whether you’re an employee or a worker, you’re protected against discrimination by the Equality Act 2010. An employee is someone who has entered into or works under the terms of a contract of employment, (this will usually be in writing, but not always). A worker usually does casual or irregular work.

If your injury is a disability and you suffer as a result (for example, being dismissed), then you might be able to make a discrimination claim.

If your injury isn’t classed as a disability, protection will depend on whether you’re considered to be an employee or a worker. This is because employees have more employment rights than workers.

If you’re an employee then you may be able to claim unfair dismissal. You must have at least one year and 51 weeks’ employment with the same employer to bring a claim. You don’t need a minimum period of service to bring a discrimination claim.

Our dedicated employment lawyers can guide you through the process, making sure that your rights are respected and holding your employer to account for any unfair treatment you’ve received.

What If My Working Conditions Force Me To Resign?

We understand that workplace injuries can often affect your ability to return to exactly the same role. If your employer doesn’t make reasonable adjustments to your working conditions to allow for your injury, then you might feel like you have no choice but to resign.

In these circumstances, you might be able to claim for constructive dismissal (which is a form of unfair dismissal). You can only make a claim for constructive dismissal if you can prove that you resigned because of your employer's conduct towards you and you’ve been employed for at least one year and 51 weeks.

We can help you put together a convincing case – our employment lawyers specialise in disputes and have helped many other people in similar situations. We’ll work hard to prove that your working conditions were so bad (for example, that they posed a serious risk to your health and safety) that you were forced to resign.

For more information on making a claim for constructive dismissal, please get in touch with our team of expert employment lawyers.

How Does Employers’ Insurance Work? Will My Employers Lose Money If I Make A Claim?

UK employers are required by law to insure against liability (responsibility) for injury or disease to their employees. This is known as employers’ liability insurance and it covers the cost of defending or settling work-related personal injury claims.

Usually the insurance company will deal with the claim on behalf of your employer, so your employer will not be conducting the claim themselves and won’t lose any money.

Can I Be Dismissed If My Employer Considers The Accident My Fault?

In some circumstances, your employer may be able to dismiss you if they think the accident was caused by your negligence. However, this rarely happens and if the accident wasn’t your fault you have nothing to worry about.

Before your employer takes any formal disciplinary action against you, they should:

  • Carry out a reasonable investigation into the accident
  • Invite you to a meeting
  • Warn you in advance if they’re considering dismissing you and the reasons why

If you’re dismissed, your employer must allow you to appeal against your dismissal. 

If you believe that your dismissal was unfair and you’ve been employed for at least one year and 51 weeks, you can claim for unfair dismissal in an employment tribunal. You may also be able to bring a discrimination claim if your injury amounts to a disability. You do not need any minimum service to bring a discrimination claim.

There are strict time limits that apply in the employment tribunal and most claims must be issued within three months of the incident (or the last incident if there was more than one). We can provide expert advice throughout the tribunal process, as well as representation from our specialist employment lawyers. We have years of experience defending the rights of employees, so we’re well-placed to help if you find yourself in difficult circumstances at work.

Contact Us Today

If you have any doubts about making a workplace accident claim, please contact one of our legal advisers on 0800 056 4110 for a free, no obligation consultation. We’ve helped thousands of people in to claim compensation following an accident at work, so we know what you’ll be going through. We can help you understand your employment rights, making sure that you’re treated fairly.

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