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

By Jo Jeffries Last Updated 10th August 2022. Have you ever wondered how many working days are lost due to accidents at work? The number may be higher than some people might realise. In this guide, we will offer more information on whether or not 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 already, we will explain how you could proceed, and how you can receive free legal advice from our team of advisors. 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?’

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, whether you are returning to work post-accident or not.

Can I Be Sacked For Having An Accident At Work?

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Dismissed from work

Many people assume that they cannot make a personal injury compensation claim because they will get dismissed after the accident at work if they do. This could not be further from the truth. You cannot be dismissed for making a valid accident at work claim against your employer for the harm you sustained as a result of their negligence. 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.

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

  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 If Dismissed After An Accident At Work?
  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 If You’ve Been Dismissed After An Accident At Work
  12. Useful Links Relating To Being Dismissed After An Accident At Work

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 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?

Many people wonder if they can be sacked for having an accident at work. Or, if they could be dismissed after an accident at work, for making a personal injury claim.

But, 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. As such, you cannot be dismissed for pursuing compensation. 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 them. It will not impact the business or your co-workers, as a lot of people fear.

With that in mind, please continue reading this guide. Here you’ll find out everything you need to know about making an accident at work claim. You’ll then understand 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. Plus, we provide advice on accident at work pay entitlement. We even explain how you can go about making a successful accident at work claim after being dismissed.

In Summary – Can I Be Dismissed After An Accident At Work?

No, you cannot be sacked after an accident at work. If your employer has terminated your employment because you had an accident at work that was caused by their negligence or because you have started a personal injury claim, they are breaking the law.

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 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 being dismissed 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.

Can I Claim For Constructive Dismissal?

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.

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.

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.

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

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.

Who Will Make My Accident At Work Compensation Payments?

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.

Injury TypeCompensation BracketNotes
Total BlindnessIn the region of £268,720Total loss of vision in both eyes.
Kidney Injuries (a)£169,400 to £210,400Permanent severe damage to or loss of both kidneys.
Bowel Injuries (b)Up to £150,110Dependence on colostomy due to a total loss of natural function.
Severe Back Injuries (a) (i)£91,090 to £160,980Cases of severe pain and disability as a result of damage to the spinal cord and nerve roots.
Total Deafness£90,750 to £109,650Total deafness in both ears
Injuries To The Digestive System (a) (i)£43,010 to £61,910Severe damage, causing continous pain and discomfort.
Chest Injuries (c)£31,310 to £54,830Damage to lungs and chest, causing disability.
Hernia (a)£14,900 to £24,170Pain and limitation of movement that remains after repair.
Moderate Shoulder Injuries (c)£7,890 to £12,770Frozen shoulder causing discomfort and a limitation of movement, with symptoms persisting for about two years.
Minor Injury Resulting From Brain Damage£2,210 to £12,770Brain 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.

How Can I Keep A Good Relationship With My Employer?

Oftentimes, people worry if they don’t keep a good relationship with their employer during the claim, they could be dismissed. This is not the case, as we mentioned earlier, due to employment law, as they cannot dismiss you because of an accident at work or for making a claim for negligence. However, you still may want to keep a good relationship with your employer throughout the claims process. This can be possible, but as with all claims, it will depend on your circumstances.

Making sure your injuries and claim are handled professionally can help maintain a good relationship with your employer. The first thing you can 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 with ten or more employees. Moreover, working with a professional firm like Accident Claims UK can help to make sure everything is handled correctly and to a high professional standard.

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 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.

How To Make A Claim If Your Employer Has Closed

‘I had an accident at work, can they sack me?’ This 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. You can do so 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.  That way, you can make an accident at work claim.

No Win No Fee

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

What this essentially means is that if your claim is found to be valid, you will be offered a Conditional Fee Agreement (CFA). In this case, you will only ever pay your personal injury solicitor a success fee if they win compensation for you. If your case is not a success, you will not pay their success fee. If your case is successful, the success fee will come directly from the compensation. Therefore, 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 personal injury claim if there is a realistic chance of it being successful.

Follow the information at the bottom of the article to learn more about how our helpful and experienced solicitors and advisors can help you.

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 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.

How Many Working Days are Lost Due to Accidents at Work?

According to the Health & Safety Executive’s report for 2020/21, there were no updated figures for how many working days were lost to work-related illness and injury. However, two new categories were added to the data for the period. 

According to the statistics, 93,000 workers reported suffering from COVID-19 in 2020/21, with the belief their exposure came from work. This relates to new or long-standing cases. Further to this, 0.6 million workers reported suffering from a work-related illness that was made worse or caused by the effects of the pandemic. 

The previous data from the report one year earlier stated that 102,000 employees suffered work-related injuries that resulted in over 7 working days lost.

Can I be fired for back problems in the UK?

If you have back problems due to an accident at work caused by your employer’s negligence, your employer should not dismiss you. If they do, you may be able to make a claim for unfair dismissal.

For more information on steps you can take if you were injured at work in the UK, call us.

Contact Us Today To Speak To Our Team If You’ve Been Dismissed After An Accident At Work

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.

Useful Links Relating To Being Dismissed After An Accident At Work

  • 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

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.

Can I be sacked for having an accident at work if I made a mistake because of inadequate training?

If you caused an accident at work because of lack of training, and you were injured, your employer should not sack you for it. If you could prove that your employer breached their duty of care towards you, causing your injuries, you could still be eligible to make a claim.

Can I be sacked for having an accident at work if I failed to report it?

If you had an accident at work and did not report it, this could go against company policy in some organisations. In some cases, failing to report an accident could lead to disciplinary action.

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.

Could I be dismissed after an accident at work if I caused it?

This depends on the situation. If you cause an accident due to lack of proper training, it would not be in the best interests of your employer to sack you for it. After all, they could be considered at fault for the accident in such cases.

Who do I talk to if I have been sacked for having an accident at work unfairly?

Please talk to our team. We’d be happy to advise you.

Do I need a lawyer to make a claim for being dismissed after an accident at work?

It may surprise you to find out that you do not need legal representation to make a claim for being dismissed from your workplace. Do you believe that you have been treated unfairly? And have you been dismissed unfairly or suffered constructive dismissal? If so, you could make a claim on your own. However, employment law is a complex field. Many people prefer to have someone on their side who knows the law inside and out. That way, they can support them throughout the process.

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.

How many working days are lost due to accidents at work?

When it comes to how many working days are lost due to accidents at work, we can look at the statistics given by the Health and Safety Executive for 2020-21. 

 dismissed after an accident at work how many working days are lost due to accidents at work

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. 

How many working days were lost due to accidents in the UK in 2022?

According to the Health and Safety Executive (HSE) Coronavirus pandemic and the subsequent government response have significantly impacted data collection when it comes to working days lost to workplace accidents. As such, there is currently no new data available for working days lost for 2020/21 and 2021/22. 

However, as per HSE statistics, there were 441,000 workers who sustained a non-fatal injury during 2020/21. Of these, 339,000 injuries required up to 7 days absence. This was according to self-reports made by employees to the Labour Force Survey.

These only apply to Great Britain.

Can I be fired for back problems in the UK if they were not caused by work?

If you are signed off sick with back problems in the UK, you might wonder if you could be fired. This may especially be the case if your back problems were not caused by work. However, if you have a longstanding back problem, this may be considered a disability. Your employer should attempt to make reasonable adjustments so you could return to work. However, they aren’t legally bound to keep your job open to you indefinitely. If you’re concerned about whether your employer is being fair towards you, please call our team. We’d be happy to give you information on your rights after an accident at work. We could also provide guidance on unfair dismissal for back problems caused by other issues.

If I get injured at work, do I get paid depending on how long I have off sick?

If you’re injured at work, the amount you’d get paid for time off sick would depend on your employment contract. Some employers have their own sick pay scheme, which could mean you’d receive full pay for a period, then reduced pay on a sliding scale. Other employers may put you straight on statutory sick pay. If you’re concerned about how much pay you’ll receive while off sick, you could check your employment contract

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.