Can You Sue Your Employer While Still Employed?

By Lewis Hendrix. Last Updated 26th September 2023. If you’ve suffered an injury at work which happened through no fault of your own, you may wish to pursue a personal injury compensation claim. In this comprehensive guide, we take a look at how to sue your employer if you’re still employed.

We also look at compensation payouts in workplace accident claims and how our No WIn No Fee solicitors can help you get the compensation you deserve.

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can I sue my employer

“can I sue my employer?”

Select A Section

  1. What Are The Criteria To Sue Your Employer For An Accident At Work?
  2. How Long Do You Have To Sue Your Current Employer?
  3. What To Know If You Sue Your Employer While Still Employed
  4. Could I Be Dismissed By An Employer If I Sue Them?
  5. How To Make A Workplace Accident Claim Against Your Current Employer
  6. Can I Sue My Employer And How Much Will I Receive?
  7. Expenses, Lost Income And Costs You Could Claim For
  8. No Win No Fee Workplace Accident Claims When Still Employed
  9. Begin A Claim Against Your Employer
  10. Learn More About Suing An Employer

What Are The Criteria To Sue Your Employer For An Accident At Work?

If your employer breaches their duty of care towards you under the Health and Safety at Work etc. Act 1974, and you are injured at work as a result, you could look into making a personal injury claim against them.

As per the Act, your employer has a duty of care to take reasonably practicable steps to prevent you from suffering illness or injury at work. If they fail in this regard, and you are injured, you could be eligible to sue your employer for workplace accident compensation.

Accident at work claims could cause injuries resulting from an employer’s failure to:

  1. Provide relevant safety training.
  2. Provide Personal Protective Equipment (PPE) where it has been identified that you need it.
  3. Removing hazards from the workplace, or signposting them.
  4. Check, repair or maintain machinery to a safe standard.
  5. Respond to complaints of stress or harassment at work.

These are just a few examples. To learn more about suing your employer for a workplace injury or illness, or to check your eligibility to claim, please contact an advisor.

How Long Do You Have To Sue Your Current Employer?

In UK personal injury claim law, there is a time limit of three years to make a personal injury claim. This three year time period begins either from the date on which the accident occurred or from the date you were diagnosed with the injury or illness resulting from the negligence. In cases of long term illnesses that may not become apparent until some amount of time has passed, the 3 years will not begin until the date of diagnosis. Because of this time limit, it is best to contact a personal injury solicitor or advisor as early as possible. In some special circumstances, a court may allow an extension of the personal injury claim time limit.

What To Know If You Sue Your Employer While Still Employed

Before going into an accident claim against your employer, having already asked, “can I sue my employer”,  there are some things that could prove useful or important to know. These things can include:

  • Knowing about the complaints and grievances procedure at your place of work. If you aren’t sure about them, you can find out from speaking to your HR manager or a trade union representative.
  • Remembering to record information about your accident: Make notes about what happened in as much detail as possible right after the incident while your memory is still fresh and clear. Take photos if possible. Remember, it could come down to your word against your employers’. Make sure you document what happened as clearly as possible.
  • Report the incident to your employer through the proper channels. All employers, by law, are required to have a process to allow all employees to be able to report an accident officially.

Could I Be Dismissed By An Employer If I Sue Them?

You may be wondering, “Can I sue my employer and remain employed?”  Some people may assume that attempting to seek compensation from their employer would effectively mark the end of their employment. However, it is important to remember that you have a legal right not be sacked or otherwise in any way punished by your employer for making a personal injury claim against them if you have a valid claim. If you have grounds for making a claim, then you are entitled to make one. Your employer does not have the right to attempt to discourage you by threatening disciplinary action.

If you would like further information about your rights as an employee, you can call our team. We especially recommend calling us for advice if you feel you are being threatened with dismissal for your decision to make an accident claim against them.

How To Make A Workplace Accident Claim Against Your Current Employer

The successful outcome of your claim could depend on the kind of evidence there is to support your claim and what course of action you take in the early stage soon after the accident occurs. If you’re wondering “can I sue my employer?”, you could greatly improve your odds of successfully claiming compensation by taking the following steps:

  • Get medical attention: Getting your injuries assessed and treated by professionals should be your priority in any case, but it will also serve to establish a medical record of your injuries.
  • Take photos: If possible, take photographs of the place where the accident happened and what caused it, or get one of your colleagues to do so. Do this as soon as you can, as some employers may attempt to clear away any signs of the accident occurring before you get the chance to do so.
  • Ask your colleagues to give witness statements: If you don’t have your colleagues details, get them. Ask them if they would be willing to testify in your favour to support your claim. The same goes for anyone else who witnessed it.
  • Report the accident: Every workplace must have an accident book. This is a document in which all workplace accidents and health and safety incidents must be written down. Please make sure the details of your accident are in it.
  • Talk to a solicitor. You will likely benefit from the advice of an expert. Talk to one of our solicitors using the contact details at the bottom of the page.

Can I Sue My Employer And How Much Will I Receive?

Now that we’ve discussed how to sue your employer in the UK, you might be interested in knowing what compensation you could be awarded for a successful claim. In personal injury claims, general damages compensate you for any pain, suffering or loss of amenity resulting from your accident at work.

If you are based in England or Wales, legal professionals can use the Judicial College Guidelines (JCG) to work out estimates of what you could be awarded when you sue your employer for general damages. The April 2022 update of the JCG is used by legal professionals to help them value claims.

Edit
Injury Notes Compensation
Total Blindness (b) Loss of all sight In the region of
£268,720

Loss of sight in one eye with reduced sight in the other (c)(i) Loss of sight in one eye with reduced sight in the other £95,990 to £179,770

Total loss of one eye (d) Loss of one eye with no damage to the other £54,830 to £65,710

Complete loss of one eye (e) Loss of one eye with risk of of sympathetic ophthalmia £49,270 to £54,830
Total deafness (b) Loss of all hearing £90,750 to £109,650

Total loss of hearing in one ear (c) Deafness in one ear £31,310 to £45,540
Partial hearing loss or tinnitus d) (i) Severe tinnitus and NIHL. – Hearing damage caused by prolonged exposure to load working environment. £29,710 to £45,540

Lung disease (a) A young person with significant disability and chance of premature death. £100,670 to £135,920

Lung disease (b) Lung cancer – (typically in an older person) causing severe pain and impairment both of function and of quality of life. £70,030 to £97,330
Lung disease (c) Emphysema – causing significant and worsening lung function and impairment of breathing, prolonged and frequent coughing, sleep disturbance, and restriction of physical activity and employment. £54,830 to £70,030

You might also be wondering, ‘can I sue my employer for special damages?’ Continue reading and we’ll discuss this head of claim, which covers financial losses incurred from your injuries.

Expenses, Lost Income And Costs You Could Claim For

What must also be calculated as a part of your compensation is the financial effect of the injury. Having an injury or an illness can cost a lot of money in medical bills, care costs and its impact on your ability to work. Compensation would not be fair if it did not match the financial losses that a claimant has suffered due to their work injury. Here is a list of just some of the things that you may be awarded for in a successful claim.

  • Loss of wages or salary: You can lose money through an injury by being forced to take sick leave or a leave of absence which results in you receiving less income than you would have if you were fit or by having to leave your current occupation and find a new one that pays less, or by becoming permanently disabled and unable to work. A temporarily or permanently reduced income or a loss of ability to earn an income entirely can be compensated with a successful claim.
  • Medical fees: Most of the treatment you need to recover should be available on the NHS. However, if there is any treatment that you need for your recovery that you are required to pay for yourself, such as physiotherapy or over the counter medication, then the cost can be claimed back in compensation.
  • Care fees: A particularly severe injury could leave you either temporarily dependent on others for your basic needs, such as eating, washing and dressing, as well as day to day tasks such as cleaning your home and shopping and so on. Any expenses taken on about this care and support, such as caring assistant fees, could be claimed back in compensation. As can expenses relating to home adaption, i.e. installing facilities for wheelchair access such as ramps and stairlifts.
  • Travel expenses: Receiving treatment for an injury can cause someone to incur expenses by travelling to and from their appointments regularly on public transport. Although such expenses may appear small compared to other losses you might have suffered, you could still be entitled to claim them back as a part of your compensation.
  • Loss of enjoyment of plans: If an injury prevents you from being able to fulfil any plans that had been arranged and already paid for (such as a holiday or a concert), then you could feel like you have wasted a good amount of your money. These types of expenses could potentially be claimed back in compensation.
  • Loss or damage to your property or belongings: Perhaps not the first thing on your mind depending on how serious your injury was, you could still claim compensation for any items of yours that were damaged or lost as a result of the accident.

If you’re wondering “can I sue my employer for financial losses?”, you will need to have proof to document the fact that you lost money and how much. To make sure you can get back all the money you deserve, make sure you keep records of all your expenses, things like tickets, receipts, paperwork, wage slips and contracts, so that you and your personal injury solicitor can use them to back up your claim. If there is anything you are unsure about regarding your right to claim special damages on certain expenses, ask one of our accident claims team.

No Win No Fee Workplace Accident Claims When Still Employed

Making a personal injury claim against your employer may seem like a big financial risk, something that you don’t wish to contend with at the same time as dealing with a major injury. However, you don’t have to worry about whether you claim with a solicitor provided by Accident Claims UK. A no win no fee claim means that you won’t have to pay your solicitors bills if the claim does not award you compensation.

Success fees under a no win no fee claim agreement are paid out of the claimant’s compensation if or when it is awarded. You won’t be made to pass over more than 25% of your compensation, as that is the legal maximum a solicitor can charge, and you are free to negotiate an amount that you prefer with your solicitor before starting the claim. So, when you’re asking, “can I sue my employer”, and then if there is anything else you want explaining about how no win no fee claims work, call our team and ask.

Begin A Claim Against Your Employer

Starting a claim against your employer with Accident Claims UK is simple. All you have to do is:

You may also use these contact details to get in touch and ask questions if you want free legal advice or to have something clarified about how personal injury claims work.

Learn More About Suing An Employer

Below, you can find some more guides on accident at work claims that you may find useful:

Thank you for reading our guide to the question of “can I sue my employer?”.