Can I Be Dismissed After Making An Accident At Work Claim?

dismissed after an accident at work claim

dismissed after an accident at work claim

By Brett Williams. Last Updated 19th July 2021. We will provide free legal advice concerning dismissed after an accident at work claim cases within this guide.

I had an accident at work, what are my rights? Can I be sacked for making a claim? These are just two key questions that most people have when they have suffered an accident in the workplace and become injured due, no matter what the injury they’ve received is. If you have been injured in the workplace, you are well within your rights to make a personal injury dismissed after an accident at work claim. After all, it only fits that you get the compensation you deserve for what happened to you.

However, many people assume that they cannot claim because they will get dismissed after the accident at work if they do. This could not be further from the truth. Your employer cannot sack you for making a dismissed after an accident at work claim. Moreover, if they do, you will then have grounds for claiming them because of this. This is something that Accident Claims UK can assist you or anyone else that finds themselves in this awful situation with.

We have years of experience in the industry, and we have helped many people get the compensation they deserve for this type of claim. You can reach us on 0800 073 8801 for more information on what we do, how we help and whether we can help you. But, before you do this, make sure you read on to find out everything you need to know if you have been sacked for an injury at work. Some of it may be completely new information, whilst other pieces may be things you are aware of. For ease of browsing, we’ve broken this down into sections that you can click on to take you straight to what you would like to know.

Select A Section

  1. A Guide To Whether You Can Be Sacked For An Injury At Work Claim
  2. What Responsibility Does Your Employer Owe You?
  3. Can I Claim For Constructive Dismissal?
  4. Claiming Against Your Employer And Their Insurance
  5. Does Making A Claim Cause A Financial Burden For My Employer?
  6. Who Will Make My Accident At Work Compensation Payments?
  7. How Can I Keep A Good Relationship With My Employer?
  8. Does My Claim Against My Employer Need To Be Made Public?
  9. How To Make A Claim If Your Employer Has Closed
  10. How We Can Help If You Face Dismissal Due To An Accident At Work
  11. Contact Us Today To Speak To Our Team
  12. Useful Links

A Guide To Whether You Can Be Sacked For An Injury At Work Claim

Many different accidents can happen in the workplace. This includes everything from slips, trips, and falls, to manual handling injuries and accidents because of poor training. If you have been injured because of an accident at work, you are well within your rights to claim compensation, and you should definitely go ahead and do so. While a payout cannot reverse what has happened to you, it will ensure that all of your costs are covered and that you get the medical assistance you need for the rest of your life. Despite this, though, many people do not make claims for accidents that have happened in the workplace. There is one clear reason for this, and this is because they worry about the following: will I lose my job if I make a dismissed after an accident at work claim? Are these fears grounded? Can you be sacked for making a claim or is your job safe? We will answer this question and many more in this guide.

But, quite simply, no, you cannot be dismissed simply because you have launched a personal injury claim. It is your right to seek compensation for the wrongdoing you have experienced, and it is not your employer’s right to sack you for it. In fact, by law, all employers need to have insurance in place to cover a scenario like this. Therefore, the compensation does not come directly from their back pocket and will not impact the business or your co-workers, as a lot of people fear.

With that in mind, please continue reading this guide to find out everything you need to know about making a dismissed after an accident at work claim and the impact this has on your career. We will provide you with details on what to do if you have experienced a dismissal due to an accident at work and provide advice on accident at work pay entitlement and how you can go about making a successful dismissed after an accident at work claim.

In summary

It is illegal to be sacked after starting an accident at work claim against your employer.  If you were, it would be a breach of employment law so you shouldn’t expect any problems for taking legal action. Essentially, you have a right to claim for some workplace injuries and you should not be treated any differently for claiming.

What Responsibility Does Your Employer Owe You?

No matter what business you work for, no matter whether it is a big or a small company, your employer is responsible for your health and safety, as well as the health and safety of all of your co-workers. This relates to all elements of your work operations and the environment, including everything from the entrance and the exit to the car park. They must carry out thorough risk assessments, and they need to ensure that provisions are put in place to protect their workers as best as possible. As stated in the Management of Health and Safety at Work Regulations for 1999, all employers need to make certain that their employees are safe in the workplace. This includes doing the following:

  • Fully training all staff members in the use of materials and equipment and providing them with the correct Personal Protective Equipment (PPE), so that they can carry out the job they are doing without any risk of illness or injury.
  • Ensure that all staff members are not harmed while carrying out their duties in the workplace.
  • Doing everything in their power to make sure the workplace is an environment that is safe for employees. Carrying out risk assessments, as mentioned, is one of the steps that is needed here. They should also ensure that employees have the correct equipment and procedures to carry out tasks with minimal risk.

There are also rules and regulations specific to certain industries, for example, construction, as well as those specific to certain work practices, such as manual handling.

If you have been injured because the company you work for has not carried out the duty of care that is expected of them by law, you should make a dismissed after an accident at work claim.

For a dismissed after an accident at work claim, it is worth pointing out that there is a personal injury claims time limit, which is three years. This starts from the date of the accident you were involved in. You then have three years to make your claim and ensure court proceedings are commenced. Nonetheless, what if you cannot pinpoint an accident date? After all, some illnesses develop over time, such as Repetitive Strain Injury (RSI). In this case, you would have three years from the date of your diagnosis to make a claim instead. Of course, the sooner you claim, the easier it will be, so it is definitely a good idea to claim sooner rather than later.

Can I Claim For Constructive Dismissal?

Can I get sacked for making a claim or is my job safe if I make an accident at work claim? In accordance with the law, if you have brought a dismissed after an accident at work claim against your employer, you cannot be dismissed or forced to leave your job. The law actually protects your employment status. Therefore, if you need to launch a claim for compensation against your employer for any financial losses, injury, or pain, you can do so without fearing getting sacked. It is worth noting you can also claim against your employer for stress, as ‘injury’ includes both physical and psychological injuries.

You also cannot be forced to leave your job in any way either. This relates to circumstances whereby you are made to feel like you have no other option but to leave your job and the business you work for. This is what is known as constructive dismissal.

If you feel that this has happened to you, you will definitely be able to launch a claim because of it. It is worth noting that incidents like this are very rare, so you should not have anything to worry about. However, they do happen, and so if you feel you have been the victim of constructive dismissal, please do not accept it. We can assist you and use our expert personal injury claims calculator to shed further light on the amount you may receive.

Claiming Against Your Employer And Their Insurance

Many people are worried about claiming against their employer, especially if they work for a small business, as they fear the claim could have repercussions on the business and that they won’t be able to cover the payout you are entitled to. Again, these fears are unfounded because the law requires every employer to have the right insurance to cover the costs of compensation and any legal fees. Because of this, your employer should not be left out of pocket because of the compensation claim. The only difference is that they may end up facing higher insurance premiums because of the dismissed after an accident at work claim, but this is nothing for you to worry about.

Does Making A Claim Cause A Financial Burden For My Employer?

Aside from people asking if I will lose my job if I make a claim, the other common question is whether a claim will result in a financial burden for the employer. Understandably, you are worried about this. You do not want the company you work to experience hardship, and you don’t want your co-workers to be out of jobs. You don’t have to worry about any of this, though. As explained, all employers need to have insurance in place. It is a legal requirement. Therefore, it is the insurance company that actually pays out, rather than your employer. This means that there is no financial burden and you do not have to worry about your claim bringing problems to the business and the people you work with.

Who Will Make My Accident At Work Compensation Payments?

So, there is no financial burden on your employer if you claim an accident in the workplace. Great! But who is actually going to be making the compensation payments then? Well, the insurer. As per law, all employers will need to have insurance in place to cover workplace incidents like this. If they have been following the law, they will not need to pay for your compensation personally.

The insurance company will pay out this sum instead. This means that the payments are not coming directly from your employer’s pocket. They have had to pay for insurance on a monthly or yearly basis in any case, and so this is where your compensation payments are going to be coming from. What happens if your employer does not have any insurance? Well, he or she is going to find him or herself in very big trouble! Again, this is not something that you should be concerned with because it is not your problem. However, for more information on making a claim when your employer does not have any insurance, please give us a call for some more specialist advice on the matter. We can advise on anything in relation to making a dismissed after an accident at work claim.

How Can I Keep A Good Relationship With My Employer?

Can you get sacked for making a claim? No. Does this stop your employer from hating you? No. But don’t worry. Your employer will recognise that you need to be compensated for what happened to you. It is all about handling the situation in the most professional manner. If you can do this, you will maintain a good relationship with your employer. So, what can you do to make sure that this is the case?

The first thing you need to do is let your employer know about the accident as soon as possible. All accidents, injuries and illnesses need to be recorded in a report book, which is another legal requirement for employers, so you mustn’t keep the accident to yourself. Moreover, working with a professional firm like Accident Claims UK is important to make sure everything is handled correctly, and there are not any issues or friction.

Does My Claim Against My Employer Need To Be Made Public?

We handled all claims with 100 per cent confidentiality here at Accident Claims UK in terms of privacy. However, you do need to inform your employer of the accident, and you do need to make sure it is recorded in the accident report book. This is a UK law under the RIDDOR regulations. Furthermore, you need to record any personal injury claim with the Compensation Recovery Unit (CRU) and Department of Work and Pensions (DWP).

The accident at work claims process

In general, your compensation claim will not be made against your employer but against an insurance policy instead. That means your solicitor will deal with the insurance company rather than your employer. Furthermore, if your case is taken on, your solicitor will shield you from all enquiries about the case so you won’t need to be involved in any discussions or negotiations. This should mean that the atmosphere at work doesn’t change.

Your solicitor will arrange for a local medical assessment to be conducted and also gather any evidence that’s needed to show what happened. Once they’ve submitted the claim to the insurer, you’ll be kept up to date about any progress. During this time, your solicitor will use their legal experience to try and answer any queries or counter any objections that are raised. If liability can be agreed upon, your solicitor will then move on to try and win the maximum amount of compensation that’s possible.

If you’d like to know more about making an accident at work claim, please contact our team today.

How To Make A Claim If Your Employer Has Closed

If you have had an accident at work, can they sack me is not a question you will be asking if the firm in question has already shut down? These cases often happen when someone suffers an injury or illness that does not show itself for several years, for example, industrial diseases or hearing loss.

If this has happened, you can make a claim against a business that has shut down so long as you were diagnosed within the past three years. If the company has been dissolved or is no longer on the list of registered businesses, we can make an application for it to be reinstated so that you can make a dismissed after an accident at work claim.

No Win No Fee

There are many different legal firms throughout the UK, which charge different fees and work to different payment structures. Here at Accident Claims UK, we only operate on a 100 per cent No Win, No Fee basis.

What this essentially means is that you will only ever pay your personal injury solicitor if he or she manages to win compensation for you. If your case is not a success, you will not owe any legal fees. If your case is successful, the legal fees will come directly from the compensation, so you do not have to find the funds yourself. This means that anyone will be able to make a claim, no matter how much money they have got in the bank or what their financial situation is.

Several other benefits are worth considering, as well. For example, the claimant has complete peace of mind that their solicitor will be working as hard as possible because they are accountable for the service they provide. Moreover, you know that your solicitor will only take on your sacked for making a personal injury claim if there is a realistic chance of it being successful. They won’t waste your time or their time.

How We Can Help If You Face Dismissal Due To An Accident At Work

If you have been sacked for an injury at work or looking to make any personal injury claim, you will struggle to find better than Accident Claims UK. There are many ways to help you, which justify why we are the best choice for you. So, let’s take a look…

  • We offer a 100 per cent No Win, No Fee service. This is something we explained more about in the former paragraph. There are many benefits for you by going down this route.
  • We have an excellent track record with personal injury claims. We have many years of experience in the industry, but we have an exceptional record to back it up, and we have received great feedback from our past clients.
  • We will provide you with a personal injury lawyer that has up to 30 years of specialist experience in the industry. You can be sure that they will have worked on cases similar to yours time and time before.
  • We always put our customers first. We know that you are going through a stressful and worrying time at the moment, and we certainly do not want to make matters worse. We were hoping you could focus on getting better while we focus on securing compensation for you. Plus, you can be sure that we always aim to secure the maximum possible payout for your dismissed after an accident at work claim.

Workplace Accident Statistics

In this particular section of our guide, we are going to take a look at statistics provided by the Health and Safety Executive (HSE). However, please note that these statistics are not a direct repercussion of negligence. Should you have any questions, then please speak to one of our advisers for more information.

  • 65,427 Non-fatal injuries to employees
  • 0.5 million Work-related musculoskeletal disorder cases
  • 1.6 million Work-related ill health cases.
  • 38.8 million Working days lost due to work-related ill health and non-fatal workplace injuries
  • 10.6 billion Annual costs of new cases of work-related ill health in 2018/19

Contact Us Today To Speak To Our Team

If you are ready to make a personal injury claim, we are ready to help you. Our friendly and professional team is readily available seven days per week to answer all of your questions and to help you progress the dismissed after an accident at work claim. If you are still worried that you could be sacked for making a claim, please do not hesitate to call us to discuss your concerns. Our team will put your mind at rest and explain everything to you in further detail. There are a number of different ways that you can get in touch with us.

The most popular way is to call our team on 0800 073 8801. This phone number is open seven days a week, 24 hours per day, so you can call us whenever it suits you. There are plenty of other ways to get in touch if you would prefer, which you can find on our contact page. This includes via email, with our response times being three hours. If you would prefer, you can also use our live chat function or request a free call-back via our webpage. No matter how you choose to get in touch, you can be certain that all communication will be handled with the utmost confidentiality.

Useful Links

Accident at Work Claiming

This link takes you to our guide on accident at work compensation claims. You will find more information on common accidents at work, how to claim top UK employers, and much more.

How can I be sacked

This link takes you to the UK Government’s website where you will find information on your rights regarding dismissal, including reasons why you cannot be dismissed.

What are my legal rights after an accident at work?

Legal Experts explains your rights after an accident at work.

Permanent Scar Injury Guide

Please take a look at our guide to learn more about permanent scar claims.

PTSD Claim Guide

If you have suffered PTSD due to a third party’s fault, why not take a look at our guide to learn how a solicitor could assist you.

Elbow Injury Guide

Why not click the link above and take a look at our guide to learn more about the elbow injury claims guide.

Dismissed After An Accident At Work Claim FAQs

How many accidents happen in the workplace each year?

As stated by the HSE, there were 65,427 Non-fatal injuries to employees in 2019. It was also reported that there were 38.8 million Working days lost due to work-related ill health and non-fatal workplace injuries.

What is the most common cause of accidents in the workplace?

One of the most common causes of workplace accident often include slips, trips and falls. For instance, it was reported by the HSE that 29% of slips trips on falls (on the same level)  occurred in 2019 and falls from heights accounted for 8%.

Can you claim if you get sacked?

Yes, you could make a claim if you feel that you’ve been dismissed for an unjust reason.

Can you be fired for a work-related injury?

Unless your actions were deliberate and placed employees in danger, you cannot be sacked purely for being injured at work.

Is an accident gross misconduct?

No, because gross misconduct represents deliberate actions rather than anything accidental.

Do I get full pay if injured at work?

This is unlikely to happen, though the employee should receive a percentage via Statutory Sick Pay (SSP).

Can you get fired for not reporting an injury?

You cannot be sacked for not reporting an injury, though the employer could be fined for not reporting an injury.

What are the five fair reasons for dismissal?

These are lack of competence for the role, poor conduct, illegal employment, redundancy and another substantial reason that justifies dismissal.

Once again, thank you for taking the time to read our guide on making a dismissed after an accident at work claim.