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A workplace incident can be confusing and distressing. You will no doubt wonder what your rights are and how your employment may be affected. This guide focuses on answering the question, “Can I be sacked for having an accident at work?”
We cover key topics such as, reporting an accident at work, can you be dismissed following an accident and how our solicitors can help you if you have been injured in the workplace. You also see a short section on the type of No Win Fee agreement our solicitors can offer you if you are eligible to claim compensation.
To ask further questions about your rights following a workplace incident or to see if you could be entitled to compensation following a workplace injury, talk to a member of our advisory team using the contact information provided here:
If the accident was deemed to be your fault, such as due to your failure to adhere to safety or the misuse of work equipment, this could be considered a sackable offence. However, if your employer’s action or inaction caused the accident to occur, you cannot be sacked for this.
An employer should also have liability insurance to cover the cost of any claims that are made against them. Having such a policy in place is legally required. We’ll examine accidents being caused by employer failures further down.
If your employment is terminated following an accident that was not your fault, you could make an unfair dismissal claim against your employer. To find out further information on can you be sacked for having an accident at work, please continue reading.
Establishing liability is key in any accident. This is done through the collection of evidence. Examples of evidence can include training and maintenance records, CCTV footage of the accident itself and witness contact information so testimony can be given later on, as well as medical records to highlight the extent of your injuries. If you can demonstrate with clear evidence that the accident is not your fault and instead that of your employer, you could claim compensation for the injuries.
Similarly, if your employer is seeking to dismiss you or issue disciplinary action after the accident, they will need to prove you were wholly or partially responsible. You can speak to our advisors for further information about collecting evidence to support a workplace accident claim by using the contact details given above.
You may wonder what you should do after an accident. The accident should always be reported so an appropriate record can be made. Usually, this takes the form of an incident report in the workplace accident book. Certain incidents need to be reported to the Health and Safety Executive (HSE) under the Reporting of Incidents, Disease and Dangerous Occurrences Regulations (RIDDOR). The HSE monitor workplace health and safety.
The incident report is very useful should you make a claim. It acts as a record of what occurred. By reporting an accident, you also ensure that you get prompt medical treatment and any accommodations in the workplace you may require can be implemented.
For further advice on reporting an accident in the workplace and how a report can support an injury at work compensation claim, talk to our advisors using the contact information provided below.
Depending on your employment contract, you may be entitled to company sick pay. However, if you are not and you are off work for 4 or more consecutive days, you are entitled to Statutory Sick Pay (SSP). You must also meet some other eligibility criteria.
Following an accident, you cannot be sacked or constructively dismissed. Constructively dismissed means essentially an employee has no option but to leave their employment due to the actions of their employer.
Being involved in an accident is not a substantial reason to dismiss an employee if that employee was not at fault for the incident.
If you were not responsible for the workplace accident, you may have the right to claim compensation. However, you must meet certain eligibility criteria. Your employer owes a duty of care to all of their employees under the Health and Safety At Work etc. Act 1974. The law requires employers to take reasonable steps to keep their workers safe. This duty applies to new employees, part time workers, sub-contractors and those on zero hours contracts.
If you can show that these steps were not taken and this resulted in your accident, then you could be entitled to personal injury compensation. Most claims you make will need to be made within 3 years of the accident date, as per the Limitation Act 1980.
It is always recommended that you seek legal advice following a workplace accident. To find out more about the eligibility criteria to begin a personal injury claim, contact our advisors today using the details given below.
An employer needs sufficient reason to dismiss an employee from their role. Taking time off work to recover from injury is not considered sufficient, however as we said above, if the accident was the fault of that employee, then disciplinary or dismissal action could be taken.
We recommend seeking legal advice following an accident if you are worried about job stability or security. To find out if you could make a personal injury claim after an accident at work that you were not at fault for, or only partially at fault for, speak to our advisors today.
If you choose to seek compensation for a workplace injury with us, you will benefit from years of knowledge and experience in personal injury claims. By working with a trained legal professional, you get support with gathering evidence, comprehensive legal advice, and ensuring that all deadlines are complied with.
Another advantage of working with our solicitors is the No Win No Fee contract that they offer. This is called a Conditional Fee Agreement (CFA) and offers claimants some very desirable benefits, including:
You will pay a fee if the solicitor wins your case. Known as a success fee, there is a legal maximum of 25% imposed on this, so you will keep the majority of your compensation award if your claim succeeds.
To learn more about the accident at work claims process, to ask, “can I be sacked for having an accident at work?” or to find out if you might be eligible to claim compensation, speak to our advisors today using the contact information provided here:
You can get more information on work accident claims with these guides:
We have also included these external resources for additional information:
Thank you for reading our guide. We hope we have adequately answered the question “Can I be sacked for having an accident at work?” For further information or to ask any other questions, contact our advisors using the contact details provided above.
