Could I lose my job if I make a work accident claim?

Have you suffered an injury at work that was not your fault?  If you have, you may be eligible to make a work accident claim and receive compensation for the injuries and losses that you have incurred.

Many people put off making a compensation claim for workplace injuries out of fear that they may receive unfavourable treatment or be dismissed.

However, if your accident was due to your employer’s negligence, you have a legal right to pursue compensation. It is against the law for your employer to sack you for exercising this legal right.

To learn more about your rights following a workplace accident, continue reading this guide or call 0800 470 0474 for free legal advice. You can also use our contact form to request a call back.

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Table of Contents

• What are my legal rights after a workplace accident?
• Could I lose my job if I make an accident at work claim?
• Does my employer owe me a legal duty of care?
• What should I do if I sustain a personal injury in a workplace accident?
• Who pays the compensation for an accident at work?
• Fair reasons to dismiss an employee
• What is unfair and constructive dismissal?
• What can I do if I'm sacked for having an accident at work?
• Common types of accidents and injuries at work
• Time limits to make a claim following an accident at work
• How much does it cost to make a work injury claim?

What are my legal rights after a workplace accident?

After a workplace accident, you have several legal rights designed to protect you and ensure you receive fair treatment. For example:

• If the accident was at least in part due to your employer or someone else’s negligence, you are entitled to claim compensation for your injuries and any related financial losses.
• You have the right to report the accident and any near misses to your employer and ensure they report it to the Health and Safety Executive (HSE) if necessary.
• You have the right to be treated fairly by your colleagues and employer if you make a claim and to know that your job is secure.
• If you cannot work due to your injury or illness, you may also be entitled to Statutory Sick Pay (SSP) or other benefits, such as Industrial Injuries Disablement Benefit (IIDB) or Universal Credit.

An experienced legal adviser can tell you more about your legal rights and help you secure compensation for any harm suffered due to your employer’s negligence.

Could I lose my job if I make an accident at work claim?

The simple answer is no. You cannot be dismissed for making a legitimate claim if you are injured at work. This is because:

• Your employer owes you a legal duty of care to keep you safe from accidents and injuries at work;
• You have a legal right to claim compensation if their negligence caused your injury;
• They must hold Employers’ Liability (EL) insurance, which will pay your compensation if you make a successful claim.

If your employer sacks you for this reason, it is not justifiable and can amount to unlawful discrimination and unfair dismissal, which is illegal. Still, many people worry about the consequences they may have to face if they make a work accident claim.

You can rest assured that it is very unlikely you will be mistreated for making a claim. Furthermore, if this does happen, you could make a further claim for unfair dismissal at an employment tribunal.

Does my employer owe me a legal duty of care?

Under UK law, your employer owes you a legal duty of care to ensure your health, safety, and well-being while at work. This duty is primarily outlined in the Health and Safety at Work Act 1974 and other workplace safety regulations. Your employer’s responsibilities include:

• Conduct risk assessments to identify potential dangers and take steps to minimise them;
• Provide a safe working environment that is free from hazards that could cause harm;
• Ensure employees receive adequate training on safety procedures and how to use equipment correctly;
• Provide necessary tools, machinery, and personal protective equipment (PPE) to reduce the risk of accidents and injuries;
• Implement clear health and safety policies for preventing accidents and responding to emergencies;
• Carry out regular inspections and maintenance of tools, equipment and machinery to ensure they are in good working order.

If your employer fails to uphold their duty of care and you suffer an injury or illness as a result, you may have grounds to make a workplace accident claim for injury compensation.

What should I do if I sustain a personal injury in a workplace accident?

If you have a workplace accident, taking the right steps can help protect your health and safety and strengthen any potential compensation claim:

• Your health comes first, so you should assess your injuries and call the emergency services if necessary. If not, visit a hospital or your GP as soon as possible and keep records of your diagnosis, treatment, and any prescriptions.
• If you can, gather evidence at the accident scene. Take photos or videos of any hazards or conditions that contributed to it and take the contact details of any colleagues or bystanders who saw what happened. Your solicitor might reach out to them later for a statement.
• Report the accident to your employer and make sure they record it in the company’s accident book. If the accident is severe, you should also ensure they report it to the HSE.
• Keep all communication with your employer or their insurer, such as letters or emails and avoid admitting any fault for the accident. You should also maintain records of any financial losses, such as lost wages due to time off work, prescriptions and private healthcare treatments.
• If you plan to make a claim, contact an accident at work solicitor as soon as possible. They will assess your case and help you gather any other supporting evidence that could be useful, such as CCTV footage or specialist reports.
• Your solicitor will handle all the legal aspects of the claim on your behalf. They will negotiate to secure the best settlement possible and will be ready to argue your case before a judge if negotiations fail. If your employer did dismiss you, they can also advise you on your legal options.

Who pays the compensation for an accident at work?

Many employees also fear that making an accident at work claim may cause financial problems for their employer, especially if they work for a small family business.

However, you should know that in the UK, all employers are legally required to take out employer’s liability (EL) insurance to cover claims for workplace accidents and illnesses. This insurance protects both you and them by covering the cost of compensation if you are injured due to your employer’s negligence.

If your injury claim is successful, the company’s insurer and not your employer will be liable to pay damages. That means your employer will not bear any costs associated with the claim.

Fair reasons to dismiss an employee

Employers have the right to dismiss an employee, but the dismissal must be fair and meet specific legal criteria. The following are considered fair reasons for dismissal under UK employment law:

• Misconduct, which could include actions such as fraud, theft, violence or breach of health and safety rules;
• Capability, meaning you could be dismissed if you are unable to do your job correctly or do not meet the required performance standards;
• Redundancy, which means you can be laid off if your job no longer exists or is no longer needed;
• Breach of statutory legality, such as a driver losing their driving licence;
• Other substantial reasons, such as a conflict of interest or a breakdown in trust.

Even if they have a fair reason, employers must still act reasonably during the dismissal process and follow all legal procedures.

What is unfair and constructive dismissal?

Unfair dismissal is when your employer sacks you for reasons other than the ones mentioned above, such as:

• Reporting illegal or unsafe practices within the company
• Discrimination based on age, gender, race, religion, disability or sexual orientation
• Pregnancy and other reasons related to maternity
• Acting as an employee or trade union representative
• Requesting statutory leave or minimum wage
• Making a personal injury claim for an accident at work

Constructive dismissal occurs when your employer makes you feel you have no other choice but to resign. Examples include:

• Failure to pay your wages
• Reducing your working hours or schedule without consent
• Allowing coworkers to bully or harass you
• Failing to address serious health and safety concerns

If you were sacked or forced to leave your job due to making your claim, a specialist solicitor can help you take further action at an employment tribunal.

What can I do if I’m sacked for having an accident at work?

As mentioned above, your employer cannot dismiss you or treat you unfairly for making a workplace accident claim. If they do, you may be able to take further action at an employment tribunal under unfair and constructive dismissal laws.

In most cases, you must have been employed for at least two years to be entitled to make a claim for unfair dismissal. However, there are exceptions to this rule, such as when a dismissal is automatically unfair. An experienced lawyer can assess your situation and advise you on your legal rights.

There is a three-month time limit to take a claim to an employment tribunal, starting from when you were sacked or treated unfairly. If you win the case, the tribunal can order your employer to:

• Pay you compensation
• Take steps to reduce any discrimination or retaliation against you
• Give you your job back, if appropriate

Common types of accidents and injuries at work

Without proper safety measures, you can suffer an injury or illness at work, whether you are employed at an office, in a hospital or a construction site. Some of the most common workplace accidents and injuries include:

• Slips and trips are the most common cause of injury at work and can lead to sprains, broken bones and back injuries;
• Falls from height, such as from stairs, ladders, scaffolding, or elevated platforms, can cause broken bones, head and brain injuries;
• Machinery accidents caused by malfunctions or lack of proper training can lead to lacerations, crush injuries and even amputations;
• Exposure to harmful substances that can cause burns, respiratory issues, dermatitis and long-term illnesses such as asbestosis or cancer;
• Manual handling accidents due to lifting, carrying or moving heavy objects without adequate form or support;
• Repetitive strain injuries caused by repeated movements over time and lack of protective equipment, such as Vibration White Finger and tendonitis;
• Electrical accidents caused by faulty wiring or equipment can lead to shocks, burns and even cardiac arrest.

If your employer’s negligence caused your accident, you can make a claim without fear of losing your job.

Time limits to make a claim following an accident at work

The Limitation Act 1980 imposes strict time limits for claiming compensation following an accident at work. Typically, you have three years to make an injury claim against your employer, starting from when the accident happened.

There are a few exceptions to this limitation date, such as:

• If you have developed an illness such as silicosis, COPD, or mesothelioma, the three-year time limit begins on the date your condition was diagnosed and linked to workplace negligence (the date of knowledge).
• The three years only start to run on a person’s 18th birthday, so if you were injured before that, you have until 21 to start your claim.
• If a person suffers a severe brain injury, PTSD or another condition affecting their mental capacity, the time limit is suspended. A litigation friend could claim for them at any time in this case.

How much does it cost to make a work injury claim?

If you’ve been injured in an accident at work and have a valid personal injury compensation claim, your solicitor will work under a no win no, fee agreement. That means you do not have to pay them a single penny upfront or if your claim is unsuccessful.

Your solicitor will take on the risk of litigation, meaning they only get paid if you win. In this case, they will get a success fee that is deducted from your compensation. The success fee paid to your solicitor can’t be any more than 25% of your compensation award.

For further peace of mind, you can also take out ATE insurance. This will cover all your legal costs and expenses, including the defendant’s, so you will not be left out of pocket if you lose your claim.

If you would like to learn more about your rights after an accident in the workplace, please call us on 0800 470 0474 or enter your details to request a call back.