By Cat Swift. Last Updated 31st August 2023. Do you know how many working days are lost due to accidents at work? In this guide, we will offer information on whether you can be dismissed for making an accident at work claim. If you have questions such as ‘can I be sacked for having an accident at work’, or you’ve been dismissed after an accident at work, we explain steps to take, and how you can receive free legal advice if you’ve been sacked from work after workplace accidents. Further to this, we answer ‘Can I be fired for back problems in the UK?’ and ‘How do I begin a claim for being injured at work in the UK?’ The question of ‘I had an accident at work, what are my rights?’ is important’. You’ll find the answers about an injury at work and your rights in the sections below.
I Had An Accident At Work What Are My Rights?
You may be wondering ‘I had an accident at work, what are my rights?’. In terms of making personal injury claims for workplace accidents, have the right to seek compensation if your claim meets the relevant criteria.
Your employer has a duty of care under the Health and Safety at Work etc. Act 1974 to reduce the risk of you sustaining an injury at work. If they fail to do so, this is a breach of their duty of care. If this breach of duty causes you to sustain harm, this is known as negligence. As part of your injury at work rights, you could seek compensation if you can demonstrate that negligence occurred.
However, you don’t always have a right to claim compensation when you suffer an injury at work. In some cases, workplace accidents could occur even if your employer has taken all reasonably practicable steps to reduce the risk of harm. To have a valid claim for an injury at work, you’d need to evidence how your employer breached their duty of care towards you and how this led to your injury.
For more information, get in touch using the details provided below.
Contact Us About Your Claim
Should you wish to get more information on your illness and injury at work rights, we’d be happy to talk to you.
Our solicitors have years of experience in the industry and have helped many people get the compensation they deserve for this type of claim. You can reach our advisors on 0800 073 8801 for more information on what we do, how we help, and whether our solicitors can help you make a successful claim. 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.
Select A Section
- A Guide To Whether You Can Be Sacked For An Injury At Work Claim
- What Responsibility Does Your Employer Owe You?
- Can I Claim For Constructive Dismissal If Dismissed After An Accident At Work?
- Claiming Against Your Employer And Their Insurance
- Does Making A Claim Cause A Financial Burden For My Employer?
- Who Will Make My Accident At Work Compensation Payments?
- Had An Accident At Work – Maintaining A Good Relationship With Your Employer
- Does My Claim Against My Employer Need To Be Made Public?
- Get Accident At Work Solicitors – No Win No Fee Accident Claims
- How We Can Help If You Face Dismissal Due To An Accident At Work
- Contact Us Today To Speak To Our Team If You’ve Been Dismissed After An Accident At Work
- Useful Links Relating To Being Dismissed After An Accident At Work
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 or inadequate training. If you have been injured because of an accident at work, you are well within your rights to claim compensation for negligent working procedures. Or, other acts of negligence by your employer.
While a payout cannot reverse what has happened to you, it will ensure that all of your costs are covered. It could also ensure 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. Oftentimes, this is because they are worried that they can be sacked for having an accident at work.
Can I Be Sacked For Having An Accident At Work?
You may be wondering, ‘Can I be sacked for having an accident at work?’ Or, you might be wondering if you can be dismissed for making a personal injury compensation claim after an accident at work caused you to be injured due to your employer breaching their duty of care.
You cannot be let go from your job for making a valid personal injury claim, as you have a right to seek compensation if your employer’s negligence caused you to suffer an injury. By law, all employers must have insurance to cover them in the event that an employee makes a workplace accident claim, which means you don’t need to worry about your employer paying anything out of pocket.
If you’d like to learn more about making an accident at work claim, contact our team of advisors. They can evaluate your case for free, and may be able to connect you with one of our solicitors.
No matter what business you work for, no matter whether it is a big or a small company, your employer is responsible for taking all reasonably practicable steps to create a safe working environment for you and your coworkers. This is part of their duty of care towards you, as outlined in the Health and Safety at Work etc. Act 1974 (HASAWA). Some of the steps your employer could take under the HASAWA can include:
- Fully training all staff members in the use of materials and equipment. Plus, providing them with the correct and necessary Personal Protective Equipment (PPE). That way, they can carry out the job they are doing without any risk of illness or injury.
- Carrying out risk assessments where necessary. Plus, taking the appropriate steps and action following the assessment.
- Doing everything they reasonably can to make sure the workplace is an environment that is safe for employees. They should also ensure that employees have the correct equipment and understanding of procedures in place. That way they can carry out tasks with minimal risk.
As such, if you suffer an injury due to your employer’s negligence, you may be able to make a claim. The Employment Rights Act 1996 protects you from getting sacked after an accident at work.
Personal Injury Claims Time Limit
There is generally a 3-year time limit for starting personal injury claims. This begins on the date you are injured, or on the date that you connect your injuries with negligence. However, according to the Limitation Act 1980, there are some exceptions to this rule, including:
- People under the age of 18: If you are injured while under the age of 18, the time limit is frozen until you turn 18. Someone else can apply to be your litigation friend to claim for you during this time. Otherwise, the general 3 year time limit starts from your 18th birthday to begin a claim on your own behalf.
- The time limit is suspended for those lacking the mental capacity to claim. If recovery is possible, such as in a comatose patient, the time limit will begin when the appropriate capacity is regained. Otherwise, someone else may apply to be a litigation friend to claim on their behalf.
If you are worried about whether or not you will lose your job if you make a claim, contact our advisors today. They can tell you if you are eligible to claim, and can offer free legal advice.
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. For example, if you have experienced consistent harassment and bullying, and your manager has not made any attempts to resolve this, creating a toxic working environment. In this case, you may feel as though you have no choice but to leave.
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.
Can I Be Sacked For Having An Accident At Work Constructively?
You may have experienced constructive dismissal after suffering an injury at work. For example, if your injuries required time away from work as you recovered or if your injuries have changed the way you work, this could cause your employer to start treating you differently.
If this treatment drives you out of your job, you may still be able to make a claim for unfair dismissal, as the resignation was not entirely your decision. For more information on unfair dismissal, contact our advisors.
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.
However, 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.
If you are worried about whether or not you will lose your job if you make a claim, get in touch with our expert team today. They can offer more information surrounding making a personal injury claim.
As we mentioned above, your employer must have liability insurance by law. As such, the cost of your claim should not affect your employer, but instead, it will come from their insurance.
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.
There are two types of compensation you could claim that come together to form your final sum of money: general damages and special damages. General damages cover your injuries and the effects they have on your life, while special damages cover the financial impacts of your injuries. For example, travel expenses, or specialist mobility equipment you may need to facilitate your recovery.
You can find figures that relate to general damages in the table below, with figures taken from the 16th edition of the Judicial College Guidelines (JCG). These figures are based on past cases.
|In the region of £268,720
|Total loss of vision in both eyes.
|Kidney Injuries (a)
|£169,400 to £210,400
|Permanent severe damage to or loss of both kidneys.
|Bowel Injuries (b)
|Up to £150,110
|Dependence on colostomy due to a total loss of natural function.
|Severe Back Injuries (a) (i)
|£91,090 to £160,980
|Cases of severe pain and disability as a result of damage to the spinal cord and nerve roots.
|£90,750 to £109,650
|Total deafness in both ears
|Injuries To The Digestive System (a) (i)
|£43,010 to £61,910
|Severe damage, causing continous pain and discomfort.
|Chest Injuries (c)
|£31,310 to £54,830
|Damage to lungs and chest, causing disability.
|£14,900 to £24,170
|Pain and limitation of movement that remains after repair.
|Moderate Shoulder Injuries (c)
|£7,890 to £12,770
|Frozen shoulder causing discomfort and a limitation of movement, with symptoms persisting for about two years.
|Minor Injury Resulting From Brain Damage
|£2,210 to £12,770
|Brain damage will be minimal, if any.
The figures provided by the JCG are only guidelines and are not guaranteed. To get a free estimation of what your claim could be worth, contact our advisors today.
Dismissed After An Accident At Work – Examples Of Special Damages
Sustaining a workplace injury could result in you experiencing financial losses. The monetary impact of an injury caused by negligence can be addressed under a head of claim known as special damages.
Here are some examples of what you could be eligible to receive in special damages as part of your personal injury claim:
- Loss of earnings
- Medical expenses
- Travel costs
- Additional care costs
For more information about special damages, and answers to questions such as, “can I be sacked for having an accident at work?” reach out to our advisors today.
Some people may worry that if they don’t maintain a good relationship with their employer while claiming against them, then this could lead to them getting the sack. This should not be an issue, though. As we mentioned earlier, you can’t be legally dismissed after you had an accident at work that wasn’t your fault and it injured you. If you have grounds to make a claim against your employer and you choose to do so, then this does not provide legal justification for your employer to dismiss you either.
However, you may still want to keep a good relationship with your employer throughout the claims process. This could be possible, but as with all claims, it will depend on your circumstances. Making sure your claim and any communications with your employer are handled professionally should help to maintain a healthy relationship with your employer.
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 that if you choose to hire legal representation, your solicitor will deal with the insurance company rather than your employer.
If you choose to hire a solicitor, they will arrange for an independent medical assessment to be conducted to help provide details of your injuries. They will also help you gather evidence, such as CCTV footage or photographs of your injuries. 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 you’d like to know more about making an accident at work claim, please contact our team today.
You might be interested in working with accident at work solicitors under an arrangement known as a No Win No Fee. The claims process could be made easier by working with solicitors, as they’ll be able to help you collect any key evidence and organise an independent medical assessment. A No Win No Fee solicitor often won’t ask for an upfront payment if they offer you a Conditional Fee Agreement, which is a type of No Win No Fee arrangement.
Other benefits of working with No Win No Fee solicitors during the work injury claims process typically include:
- Not being responsible for paying for your solicitor’s work if your claim fails
- If your claim succeeds, a legally capped success fee will be deducted from your injury compensation by your solicitor
- The success fee they take is capped under the Conditional Fee Agreements Order 2013
Our expert solicitors could help you on this basis. Get in touch for a free, no-obligation consultation to find out more.
If you have been sacked for an injury at work or are worried that you will lose your job if you make a claim, contact our expert team at Accident Claims UK.
- Our solicitors offer a 100 percent No Win No Fee service. There are many benefits for you by going down this route.
- They have an excellent track record with personal injury claims. Our solicitors 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.
- Our solicitors will focus on securing compensation for you. Plus, you can be sure that they always aim to ensure you receive a settlement that is appropriate for your case after you make an accident at work claim.
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. We’re here to answer all of your questions. Plus, we can help you process a dismissed after an accident at work claim. Are still worried that you could be sacked for making a claim? If so, please do not hesitate to call us to discuss your concerns. Our team will put your mind at rest. We will explain everything to you in further detail. There are a number of different ways that you can get in touch with us.
Can I be sacked for having an accident at work? How to get in touch
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.
- 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? This guide explains your rights after an accident at work. Get answers on ‘can I be sacked for having an accident at work’ here too.
- 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.
- Assault At Work Compensation Claims: This guide offers more information on making a claim following an assault at work.
- Head Injury Compensation Claims: This guide can help offer more information on head injury compensation claims.
Dismissed After An Accident At Work Claim FAQs
Can I be fired for having back problems in the UK?
As well as the question ’I had an accident at work; what are my rights?’, you might be wondering, ‘Can I be fired for having back problems in the UK?’.
In some cases, you might have a back problem because of your employer’s negligence. In these instances, you may be able to claim compensation.
Your employer should not fire you from work if you’ve suffered back problems caused by their negligence and make an honest claim against them.
For more information, get in touch on the number above.
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.
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).
Should I report all accidents at work?
It would be wise for you to report any accidents at work to your employer. This is because they could investigate the cause of an accident and try and prevent it happening again. Also, some accidents at work should be reported under RIDDOR. Therefore, you should make sure your employer knows about them so they could fulfil this duty.
Do I need to use a lawyer based locally to make a claim if I’m dismissed after an accident at work?
You may be surprised to learn that you do not have to use a solicitor in your local town. Instead, you could use a solicitor who is based anywhere in the UK. It could be wise to ensure they’re authorised and regulated by the Solicitors Regulation Authority. But, as long as they are registered in England and Wales, you could choose any law firm or solicitor you wish to work with. This opens up the market to you. Plus it gives you plenty of options. However, this could make it harder to make a decision on who is appropriate for your claim.
Here at Accident Claims UK come out we could provide you with lots of information on the solicitors we could provide you with all stop all of our solicitors work on no win no fee basis, and we could give you insight into the cases they’ve handled in the past and how successful they’ve been. All this could give you some peace of mind that you’ve made the right decision for your claim.
I’ve been dismissed after an accident at work that I contributed to – is this fair?
In some cases, you may have been sacked after an accident at work because you contributed to it. If so, we would be happy to speak to you about your rights after an accident at work. We could provide you with a free eligibility check on whether you could claim. If it’s found you’d have a favourable chance of achieving a settlement, we could provide you with a solicitor. They could help you build a case for compensation and assist you in getting the settlement you deserve.
How long does it take to get a settlement if you’re dismissed after an accident at work?
The time it takes to settle if your employer dismisses you after an accident at work that you’re claiming for could depend on a variety of factors. While it might seem important to get a resolution as quickly as possible, getting a fair settlement is also important. Therefore, your solicitor would work hard to ensure that your claim settles within a reasonable amount of time. Plus, they would ensure that you get the compensation settlement you deserve.
Thank you for taking the time to read our dismissed after an accident at work claim guide. Now we’ve answered your question. Now you can answer ‘can I be sacked for having an accident at work’. You might want to make a claim. If you do, we’d be happy to assist you.