Could I Claim Unfair Dismissal If Dismissed After A Workplace Accident? – How To Claim? – What To Do? – Help Guide

unfair dismissal claims

unfair dismissal claims

By Olivia Jefferson. Last Updated 27th September 2021. Welcome to our guide covering unfair dismissal claims. If you experienced an unfair dismissal after an accident, this guide will explain whether you could have grounds to claim compensation for it.

Are you worried that you might be dismissed after a workplace accident? Maybe you have already been sacked after an accident at work and want to know if you can take legal action against your former employer.

In this guide on what to do if you are concerned about being dismissed after an accident at work, we will explain what your rights are if you have been injured at work following an accident that was caused by negligence on the part of your employer.

We will also answer questions you may have, such as “What should I do after an accident at work?”, “Can I claim unfair dismissal?” and “Can you get fired for an accident at work?”. We will also explain how you can claim against your employer if you are injured or made ill following an accident at work or claim against an employer following an unfair dismissal.

How Accident Claims Can Help

Remember, if you have been injured because of an accident at work that was not your fault, you could be compensated for your injuries. Accident Claims UK could handle your accident at work claim or employment tribunal claim. We are highly regarded, and our panel of personal injury solicitors have up to three decades of experience handling accident at work claims and helping people who were dismissed after an accident at work in the UK get justice.

If you have experienced an accident at work that was not your fault and you are concerned that you will be dismissed on account of your injuries or for making a claim, call Accident Claims UK today on 0800 073 8801. We offer a free accident at work law consultation to any of our potential clients and can advise you on what steps to take if you have been mistreated.

If we can see that you are entitled to make a personal injury claim and/or unfair dismissal claims following an injury at work, we can provide you with an excellent personal injury lawyer to handle your claim and win you the compensation you deserve. Call us today; we’re looking forward to hearing from you if you’ve experienced an unfair dismissal after an accident.

Select A Section

  1. A Guide On Unfair Dismissal Claims After An Accident At Work
  2. What Is An Accident In The Workplace?
  3. Could I Be Dismissed For Having An Accident At Work?
  4. Could I Be Dismissed If I Caused The Workplace Accident?
  5. Do Different Types Of Workers Have Different Rights?
  6. What Responsibility Do Employers Have For Employee Health And Safety?
  7. Common Types Of Workplace Accident
  8. Common Types Of Workplace Injuries
  9. What Are The Potential Effects Of Being Dismissed After A Workplace Accident?
  10. Dismissed After A Workplace Accident Compensation Calculator – Updated July 2021
  11. Special Damages Which Accident At Workplace Claims Could Include
  12. No Win No Fee Claims If Dismissed After A Workplace Accident
  13. Why Choose The Team At Accident Claims UK For Unfair Dismissal Claims?
  14. Start Unfair Dismissal Claims Against Your Employer
  15. Essential Resources for Unfair Dismissal Claims

A Guide On Unfair Dismissal Claims After An Accident At Work

Welcome to our unfair dismissal claims guide. If you make a legitimate compensation claim against an employer, you cannot be dismissed after an accident at work because of this. There are laws in place to protect you from this. Therefore, you should not be put off making a legal claim. In this guide, we’ll explore your rights if you find yourself receiving an unfair dismissal after an accident at work.

Under the law, employers have a legal duty of care to their employees. This means that they are legally obliged to provide them with a safe and hygienic environment in which to work. If an accident happens because the employer neglected their duty of care and an employee is injured or made ill as a result, the employee has a right to claim compensation. This is upheld by legislation such as the Health And Safety At Work Act, 1974. Accident Claims UK has a team of professional personal injury solicitors who could conduct your claim if you have been injured or made because of a workplace accident that was caused by someone else’s fault.

Can I be dismissed after an accident at work?

Unfortunately, many people who experience an accident at work worry that it may affect their long term employment prospects. Some employees worry that if they claim against their employer, it will create tensions between them and their boss at work. In extreme cases, this could lead to unfair dismissal and potential unfair dismissal claims after that. Other employees worry, ‘can I be sacked for having an accident at work?’. These employees worry that even without making a claim, they may lose their job because their injuries make it harder for them to complete tasks at work.

In this guide, we will look at how accidents at work happen and will explain the circumstances in which an employee can make a workplace accident claim. We will answer common questions an employee may have, such as “I had an accident at work; what are my rights?”, “Can I be sacked for making a claim?” and “Can I be dismissed after a workplace accident?

Remember, if you have been dismissed as a result of a workplace accident, dismissed because you made a compensation claim, or you are simply interested in claiming compensation for a workplace injury, call Accident Claims UK today. We can advise you on what your rights are if you have been injured at work and could also conduct your claim through one of our personal injury solicitors. Call us today, or use our online claims form to contact us today.

What Is An Accident In The Workplace?

Before we begin our unfair dismissal claims guide, let’s look at some key definitions. An accident at work is any type of unwanted occurrence happening in workplace premises, including the grounds of a building or a car park, which leads to an employee becoming injured or ill.

Although some accidents may happen because of arbitrary reasons or because the employee made an error in judgement, accidents can also happen because of negligence on the part of the employer. If you have been injured or made ill because of an accident at work, which happened because your employer neglected their duty of care towards you, then you could be entitled to claim against your employer for compensation for your injuries. And this should answer your question of “can I claim unfair dismissal?”.

Could I Be Dismissed For Having An Accident At Work?

As we have mentioned, many employees are afraid that they will be dismissed after an accident at work. If you were injured because of an accident at work that you did not cause, you could not be legally be sacked according to an accident at work law. If an employee is dismissed after an accident at work in the UK, this is grounds for unfair dismissal. And this may lead to unfair dismissal claims.

Employees also worry that making a personal injury claim against their employer may cause tensions at work. If an employee claims compensation for a workplace accident, the employee will be paid through the employer’s insurance (which they are legally obliged to have), so your claim will not harm the business’s or organisation’s finances, by hiring a solicitor and behaving professionally throughout the process, making an accident claim should not have a detrimental effect between you and your employer.

If you are dismissed after a workplace accident because you made a claim against your employer or because your injuries impacted your work, you could claim unfair dismissal in some circumstances. You will have three months after leaving the job to bring about an employment tribunal. During 2019/20, there were 580 successful unfair dismissal claims, a 12% drop from 2018/19. The maximum compensation award was £119,000, and the average settlement figure being £11,000.

Unfair Dismissal Claims Statistics

You can see the claims outstanding in the graph below.

dismissed after a workplace accident statistics graph

If you believe you have been unfairly dismissed from work, please call Accident Claims UK to speak to an advisor, who will be able to inform you of what steps you should take next.

Alternatively, in the next section, we’ll explore whether your unfair dismissal after an accident was lawful.

Could I Be Dismissed If I Caused The Workplace Accident?

If you’re reading this unfair dismissal claims guide, you may be wondering whether your unfair dismissal after an accident was lawful. If you have been injured or made ill because of a workplace accident that you caused, either by an error in judgement, a genuine mistake or admittedly foolish behaviour, you will not be able to claim compensation.

However, you may be able to make a personal injury claim for compensation if you can prove contributory negligence, for example, that your employer was partially responsible for your accident and you played a part as well. For example, if you were intoxicated at an office party and fell down the stairs because of a broken handrail, you may be able to claim compensation for the part your employer had to play in causing your accident.

Split Liability

In the case of split liability, you will be able to claim a percentage of what you would have been able to claim had you not had a part to play in your accident. For example. If you are judged to be 25% responsible for your accident, your compensation settlement will be 75% the size it would have been, had your employer been entirely liable for your injuries. This is still better than nothing.

If you believe your employer is partially responsible for your injuries following an accident at work, you may be entitled to claim compensation via unfair dismissal claims, hence you asking, “Can I claim unfair dismissal?” Call Accident Claims UK to see if you are entitled to compensation and find an excellent personal injury solicitor to represent your claim.

Do Different Types Of Workers Have Different Rights?

If you had an accident at work whilst working as a temporary worker provided by an agency, you could still claim compensation for unfair dismissal. In some circumstances, you will have to claim compensation from the agency that employed you.

In other circumstances, the claim will be made against the business that hired you. And this is especially true if you’ve been dismissed in relation to a workplace accident. These sorts of claims can be more complicated, so we recommend that you call us for advice from an informed consultant as soon as possible.

What Responsibility Do Employers Have For Employee Health And Safety?

As we have already stated, employers have a duty of care to their employees whilst they are working on the employer’s premises. This includes when the employees are using the car park or other spaces on the business or organisation’s grounds.

If an employer acts negligently, which leads to an accident, the employer could be held liable for the injured employee’s injuries and have to pay them compensation as a result. This could happen via unfair dismissal claims depending on what actions the employer takes after an accident.

To ensure that working environments are safe and hygienic for employees and other people who use the premises, employers must follow multiple regulations. Some of these regulations apply to all workplaces, such as the (1999) Management of Health And Safety At Work Regulations. Individual workplaces also have to follow industry-specific regulations.

What must employers do?

Employers must take all possible steps within reason to ensure that workplaces are safe for employees. To do so, they must conduct regular risk assessments of the working environment. During a risk assessment, an appointed person must scrutinise the premises to identify any hazards (things that pose a risk to the health and safety of the employees).

The business or organisation must apply appropriate control measures to these hazards to remove or appropriately minimise the risk caused. Businesses with 5 or more employees must have a health and safety policy.

Businesses can also take the following steps to uphold their duty of care:

  • Ensure that a suitable number of employees are first aid trained and appropriate first aid equipment, including a defibrillator, is provided.
  • Regularly check that equipment or machinery is in proper working order.
  • Train employees on how to do their jobs in a way that is safe and efficient. For example, manual handling injuries can occur if employees do not teach employees how to lift heavy items safely.
  • Provide personal protective equipment (PPE) such as gloves or goggles, where needed.
  • Have a plan in place for emergencies, for example, an evacuation plan in the event of a fire.

Employers are also responsible for reporting an accident at work. The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations, 2013, RIDDOR states that certain serious accidents or near-misses in the workplace must be reported to the Health and Safety Executive (HSE). This is worth keeping in mind when gathering evidence as you wonder “can I claim unfair dismissal?”

Common Types Of Workplace Accident

Common workplace accidents which could lead to unfair dismissal claims may include:

  • Being struck by a falling object.
  • Slip, trip and fall accidents.
  • Manual handling accidents.
  • Illness or injury after contact with hazardous chemicals.
  • An assault at work.
  • Repetitive Strain Injury (RSI).
  • Machine crushing or machine entanglement.
  • Vehicle collisions.
  • Shelving and racking accidents.
  • Exposure to excessively loud noise.

These are just some examples of common accidents at work. Despite the varying levels of liability, it’s still possible that you’re dismissed after a workplace accident. But whatever sort of accident you have experienced at work, if it happened because of negligence caused by your employer, you could be entitled to make an accident at work claim for compensation.

Common Types Of Workplace Injuries

If you’ve received an unfair dismissal after an accident at work, you may have sustained one or more of the following injuries:

  • Sprains, strains and soft tissue injuries.
  • Broken or fractured bones.
  • Hearing loss.
  • Loss of sight.
  • Burns on the skin.
  • Limb crushing injuries.
  • Head injuries.
  • Poisoning.

This is not an exhaustive list of the types of injuries that can result from an accident at work. But if you’re wondering “can I claim unfair dismissal?”, and you’ve been injured because of an accident at work caused by someone else, you could be entitled to make unfair dismissal claims.

What Are The Potential Effects Of Being Dismissed After A Workplace Accident?

If an employee suffers an unfair dismissal, this can lead to many problems in their life. This can include short term and long term financial difficulties and suffering a loss of confidence that can affect them for years to come. Sadly, even though the person was unfairly dismissed, employment agents and potential employers often look down on candidates sacked, whatever the reason might be. This can affect the person’s career prospects over the long term.

Dismissed After A Workplace Accident Compensation Calculator – Updated July 2021

In this section, we’ll present our personal injury claims calculator table. This can be used to estimate how much compensation you may be eligible to claim for general damages following your workplace accident for a successful claim. Please note, the calculator does not include any special damages you could receive and does not reflect your personal circumstances.

For a personalised quote for unfair dismissal claims, call Accident Claims UK today to speak to one of our advisors as you wonder, “Can I claim unfair dismissal?”

Injury And SeverityCompensationComments
Arm Injury - Severe£90,250 to £122,860Those injuries to the arm which fall short of the loss of an arm.
Neck Injury - Moderate (i)£23,460 to £36,120Those injuries to the neck which result in severe and immediate symptoms.
Back Injury - Moderate (i)£26,050 to £36,390Various injuries such as those caused by compression/crush fractures affecting the lumbar vertebrae (bones).
Leg Injury - Moderate£26,050 to £36,790May include multiple fractures, crush injuries or severe fractures.
Elbow Injury - ModerateUp to £11,820The category of minor to moderate includes the majority of injuries to the elbow bones and joint.
Shoulder Injury - Moderate£7,410 to £11,980Such as injuries which limit the movement of the affected arm and shoulder joint.
Hip or Pelvis Injury - Moderate (i)£24,950 to £36,770If there is any disability as a result of this, said disability will not be major.
Hand Injury - Moderate£5,260 to £12,460Injuries affecting the hand such as a crush injury, a penetrating wound or similar level of injury.
Fracture of index finger£8,550 to £11,480Fractures and breaks of the index finger.
Foot Injury - Moderate£12,900 to £23,460This could include a metatarsal fracture or similar form/ type of injury.

To learn more about the financial burden that may come with receiving an unfair dismissal after an accident at work, as well as any injury-related costs you may face, please see the next section.

Special Damages Which Accident At Workplace Claims Could Include

If your claim for a workplace accident is successful, you will be awarded general and special damages. General damages are compensation for the pain, suffering and loss of amenity the claimant has experienced due to their injuries. You will also be able to claim compensation in the form of special damages.

Special damages are reimbursement for any expenses that you have had as a result of your accident. They could include reimbursement for medical expenses, travel expenses, home care expenses, mobility equipment and home adaptation expenses and reimbursement for income loss if your injuries forced you to take time off work.

No Win No Fee Claims If Dismissed After A Workplace Accident

Have you received an unfair dismissal after an accident at work? If you wish to claim against your employer for an accident at work or claim against being dismissed after a workplace accident, Accident Claims UK could give you the option of making a no win no fee claim. With these types of unfair dismissal claims, you will not need to pay any fees to a solicitor upfront. This means that there is a lower risk for you. Call Accident Claims UK to begin your no win no fee accident at work claim today.

Why Choose The Team At Accident Claims UK for Unfair Dismissal Claims?

Accident Claims UK is a well respected personal injury solicitors firm whose panel of excellent solicitors have up to three decades of experience handling accident claims. Our solicitors know what your claim is worth and the time limit within which you could pursue a claim and will always fight to win you the maximum amount of compensation you could be entitled to claim. And we can answer any questions you may have, starting with “can I claim unfair dismissal?”

Start Unfair Dismissal Claims Against Your Employer

To claim for an accident at work or to enquire about finding a solicitor to represent you in an employment tribunal if you were dismissed after an accident at work, call us today for your free accident at work law consultation. We are looking forward to hearing from you to help with your unfair dismissal claims if you’re dismissed after a workplace accident.

Essential Resources for Unfair Dismissal Claims

Here are some essential resources, including some of our other claims guides, that may be of further use to you:

Unfair Dismissal Claims FAQs

Here are some frequently asked questions regarding unfair dismissal after an accident at work:

Can I claim for unfair dismissal with less than 2 years of employment?

If you have a legitimate case for unfair dismissal, you do need to have been employed for more than 2 years. That’s because English laws state that you can’t make this claim if you’ve been employed for less than 24 months.

But what qualifies as an unfair dismissal?

An unfair dismissal is where you have your contract terminated for reasons that aren’t morally appropriate. However, unfair dismissal also covers scenarios where the grounds for termination are suitable, but the employer’s approach is poor.

So, what are the five main reasons for a fair dismissal?

These are any illegal activity, poor performance under objective measures, dishonest practices, rule-breaking and harassment or disruption towards others.

Now, what is an example of unfair dismissal?

A typical example of unfair dismissal may be cases of pregnancy or requests for maternity leave. These similar scenarios are clear examples of an employer firing a member of staff for unfair reasons.

So, what can you claim for unfair dismissal?

This could include being wrongly terminated from a position due to age, pay scale or the nature of the work.

But how long does an unfair dismissal claim take?

It may take between 5-7 months, but possibly as much as 2 years, to settle an unfair dismissal claim.

Now, could I be fired without a written warning or notice period?

This tends to only be the case where situations which are very serious, such as violent or criminal acts. So, this doesn’t serve as an example of an automatic unfair dismissal.

But can I be sacked while on furlough?

It is legally possible for an employee to be relieved of their duties while on furlough. Therefore, the employer views this as a constructive dismissal for financial reasons.

What is constructive dismissal?

If you haven’t been fired but felt forced to leave your job by your employer, this could be constructive dismissal. According to the UK government’s website, if you have left your job because of serious reasons such as them not paying you or demoting you without any valid reason, or forcing you to accept what could be considered unreasonable changes to the way you work this could be constructive dismissal.

If they were to let other workers bully or harass you, this could also be constructive dismissal. Your constructive dismissal might be because of a series of events or one singular serious one. If you were constructively dismissed, you should leave your post right away. If you stay, your employer could claim that your staying in your post was acceptable of the conduct they displayed.

Could you help with claims for constructive dismissal?

If your employer has made your position untenable and you’ve been forced to leave your job, we could help you. Whether you’re constructively dismissed because of a workplace accident or otherwise, we’d be happy to assess your case. That way, we could give you guidance and support based on your specific circumstances. If you have a case for constructive dismissal after an accident at work, we can connect you to our panel. You could make a claim for constructive dismissal against your employer in addition to an accident at work claim.

Thank you for reading our guide about unfair dismissal claims. If you’ve received an unfair dismissal after an accident at work, we hope you now have a better understanding of your rights. If not, please get in touch for further information about making a claim if you’re dismissed after a workplace accident.