Can I Be Sacked For Making A Personal Injury Claim?
In the UK, employers owe their workers a duty of care. This means that in as much as is practically possible employees should not be harmed in ways that could have been prevented. Therefore if you can prove that the accident that resulted in your injury was caused because this duty is not adhered to you could be eligible to make an accident at work claim. Below we shall look at the reasons why you cannot be sacked for making a personal injury claim.
If you wish to claim compensation for workplace injury, you may be concerned about repercussions at work. For example, that your boss will pressure you to leave by treating you unfairly. Or that you will be sacked for making a personal injury claim. Fortunately, the law protects employees that make a personal injury claim at work.
In this guide, we will explain how to make a workplace accident compensation claim. And we will explain how to take your employer to a tribunal for unfair dismissal. Continue reading to find out more.
Get In Touch With Our Team
To begin your injury at work compensation claim, get in contact with UK Law today. Our panel of skilled lawyers can handle your claim through a No Win No Fee agreement. What’s more, if your employer has treated you unfairly following an accident at work, we can help further. Our advisors can offer you free legal advice about claiming compensation for unfair dismissal or constructive dismissal.
Services And Information
- Can You Be Sacked For Making A Personal Injury Claim?
- What Are Workplace Accidents?
- Does Making A Claim Place A Burden On Your Employer?
- Unfair And Constructive Dismissal
- Employer / Employee Relations
- Workplace Accident Personal Injury Claim Calculator
- Workplace Protections For Employees
- Duty Of Care Owed To Employees
- What Happens When Employers Don’t Follow These Rules?
- Workplace Injury Claim Time Limits
- What Should You Do If You Are Sacked For Making A Personal Injury Claim?
- How To Make A No Win No Fee Workplace Accident Claim
- Other Compensation Claims
- FAQs On Being Sacked For Making A Personal Injury Claim
Workers who have been injured in an accident at work may be eligible to claim compensation from their employer. However, some people worry that their employer may fire them for making a personal injury claim. Clients often ask us, “Can I be sacked for making a personal injury claim?“. It may put your mind at ease to know that dismissing an employee for claiming compensation as long as the claim is honest can mean the employee can make an additional claim. In fact, generally, if you are sacked for making a personal injury claim, it would be classed as unfair dismissal. Therefore, you would be able to take your former employer to an employment tribunal.
UK Law can help you if you have been injured in an accident at work that was not your fault. We can provide you with expert advice. And what’s more, our panel of personal injury lawyers can handle your compensation claim. So, if you were sacked for making a personal injury claim, we could help you further. You could take your employer to an employment tribunal to hold them accountable. Contact us today to begin your claim. Or continue reading to learn more.
A workplace accident is an unintended occurrence that happens in a workplace. It can result in an employee becoming injured. However, it is fair to say that not all accidents at work will qualify for compensation. The onus is on the employee to prove not only negligent practices but also that an injury was suffered that could have been avoided.
Examples of common accidents at work can include the following:
- An employee suffers an eye injury after getting hazardous chemicals in their eye. The accident happened because their employer failed to provide them with the correct personal protective equipment (PPE).
- An organisation fails to repair a loose floor tile. Subsequently, a worker trips on a loose floor tile. As a result, the worker fractures their kneecap.
- A workplace neglects to treat ice on a walkway. Consequently, a worker slips on the ice and suffers a back injury.
Despite legislation to protect people in the workplace, injuries at work are still common. In 2019/20, workers reported 65,427 injuries under RIDDOR to the Health and Safety Executive (HSE). What’s more, according to the Labour Force Survey, 693,000 people were injured at work in the same year. Please note these statistics do not indicate how many of these accidents could have been prevented.
Many employees worry that they are placing a burden on their employer if they claim compensation for an injury at work. For example, if you work for a small business, you may worry that the financial strain will be too great. This is, in fact, a misconception. Your employer must have employer’s liability insurance. Therefore the insurance company will pay for your compensation payout, not your employer.
We should also make the point that your employer is legally responsible for providing you with a workplace that is hygienic and safe. So, making a personal injury claim against your employer can help to hold them accountable. What’s more, claiming can encourage your employer to improve health and safety standards in the workplace.
We will now look at what constitutes unfair dismissal or constructive dismissal.
What Is Unfair Dismissal?
Unfair dismissal is when an employer dismisses an employee for unjust reasons. For example, if an employer sacks an employee because she has become pregnant, to avoid paying maternity pay. If an employer sacks a worker because they made a personal injury claim, this is unfair dismissal.
As we have stated, it is highly unlikely that your employer would do this in response to you making a personal injury claim. However, if you are sacked for making a personal injury claim, you can take your former employer to an employment tribunal. Consequently, the organisation may have to pay you additional compensation if your claim is upheld.
What Is Constructive Dismissal?
Constructive dismissal is more insidious than unfair dismissal and can be harder to prove. Constructive dismissal is when an employer deliberately behaves poorly towards an employee to pressure them into resigning against their wishes. For example, an employer may create an inhospitable working environment by allowing colleagues to harass the employee. Or they may assign tasks to the employee that they are unable to do because of health reasons.
An employer may attempt to dismiss an employee this way because of personal prejudice. Or because the business no longer needs the worker and they are trying to avoid paying redundancy pay. Again, it is unlikely that an employer will try to dismiss a worker who made a personal injury claim constructively. However, if you experience constructive dismissal, you can take your former employer to a tribunal.
Most employers act professionally if an employee makes a personal injury claim. Therefore the organisation does not allow the situation to strain the relationship between themselves and their employee. What’s more, employers understand that it is important to foster good relationships with employees. It is not a legality to have a personal injury solicitor represent your case. However, having a solicitor deal with all the communication of your case can take any stress out of claiming and potentially make the case run smoother.
You may wish to know how much your compensation claim for an accident at work could be worth. Each and every case is unique to its own circumstances. No two cases are the same. Therefore coming to an estimate is not always straightforward. Below we have included a table that has figures that reflect injuries or illnesses.
The bracket includes those which are less serious than the severe category, but which do cause lasting pain. This could be due to traumatic arthritis or the future risk of this.
|£23,460 to £36,790|
This bracket covers things such as fractures or breaks of metatarsal bones in a displaced fashion. There could be lasting symptoms of risk of developing related conditions in the future.
|£12,900 to £23,460|
|Hand||Serious damage to both hands|
Where significant function has been lost and cosmetic disability.
|£52,310 to £79,360|
|Hand||Less serious - one hand |
Crushing of the hand which reduces its usefulness without having surgery or where usefulness is still reduced despite surgery.
|£13,570 to £27,220|
Permanent disability but some function does remain.
|£22,990 to £36,770|
|Arm||(b) Loss of one arm - (iii) Below elbow amputation|
Amputation at some point along the forearm (below the elbow joint). There could be either phantom or organic pain.
|£90,250 to £102,890|
|Finger||(f) Severe fracture|
A severe fracture or break in a finger bone. The finger may need to be partially or fully amputated. This will have subsequent effects on the person's grip.
|Up to £34,480|
|Leg||(c) Less serious (i)|
Either a serious soft tissue injury or a broken bone which does not make a full recovery.
|£16,860 to £26,050|
|Neck||(b) Moderate (i)|
Various injuries could be accounted for in this bracket such as chronic neck injuries which present with symptoms which are referred to other body parts.
|£23,460 to £36,120|
|Back||(b) Moderate (i)|
Could include things such as prolapses of an intervertebral disc which needs an operation. Could also include disc injuries which irritate the nerve root.
|£26,050 to £36,390|
The compensation payout amounts included in this table are based on the latest guidelines published by the Judicial College. Within a settlement, there are general and special damages. General damages are compensation for the physical pain and suffering caused by the injuries. Examples are in the table above. In addition, claimants can also receive special damages. This is compensation to reimburse the injured person any out of pocket expenses incurred because of their injuries.
Examples of special damages you could claim can include the following:
- Medical expenses
- Travel expenses
- Mobility equipment expenses
- Car or home adaptation expenses
- Funds to reimburse you for any income lost
If you call us for free legal advice, we can accurately estimate how much compensation you could claim based on your personal circumstances.
Here are some examples of workplace health and safety legislation that protects workers in the UK.
The Workplace (Health, Safety and Welfare) Regulations 1992 – these regulations state that employers must provide safe facilities for the welfare of their workers.
The Health and Safety (Display Screen Equipment) Regulations 1992 instruct employers on protecting employees who use Display Screen Equipment (DSE). Also known as computer monitors. For example, allowing workers to take regular breaks.
The Personal Protective Equipment at Work Regulations 1992 requires employers to provide employees with PPE where needed. The employers must not charge the workers for the PPE.
The Manual Handling Operations Regulations 1992 protect employees who are tasked with carrying out manual handling activities.
The Provision and Use of Work Equipment Regulations 1998 instruct employers on using equipment safely in the workplace. For example, the regulations stipulate that employers must provide proper training.
The Health and Safety At Work etc Act 1974 states that employers owe their employees a duty of care. Therefore the employer is legally responsible for the employee’s health and safety in the workplace as much as is reasonably possible. Or when a worker is in an environment that the employer has complete or partial control over.
For employers to provide a safe working environment they may :
- Produce a health and safety policy if there are more than five workers.
- Conduct regular risk assessments to identify potential hazards. Afterwards, employers should apply control measures to these hazards to remove or minimise the risk.
- Provide Personal Protective Equipment if applicable.
- Workers must also show responsibility for their own safety and the safety of others in the workplace.
The Health and Safety Executive has more information on how employers should uphold their duty of care.
Unfortunately, if employers fail to follow legislation and regulations preventable hazards can occur within working environments. Indeed, when some employers neglect their duty of care, a workplace accident may happen. Employers could be liable in the event of an accident that could have been prevented by better health and safety policies.
Therefore, employees who suffer workplace injuries because their employer neglected their duty of care may claim compensation from their employer. Begin your personal injury claim for an accident at work now.
There is a personal injury claim time limit of three years. So you have three years in which to begin your claim. There are exceptions to this rule. We recommend that you contact UK Law as soon as possible to begin your claim within the allotted time limit. Young adults who are below the age of 18 cannot claim compensation for themselves. If you are the parent or guardian of a child under 18, you can claim compensation on their behalf.
If you have been injured in a workplace accident that was not your fault, you may be owed compensation. We recommend that you take these steps following your injuries.
- Firstly please go to a hospital or doctor to get the appropriate treatment for your injuries. Afterwards, your medical records can be used as evidence to support your claim.
- Secondly, if you are well enough, please collect evidence to support your claim. For example, you can take photographs of the hazard that caused your injuries. Or you can ask for a CCTV recording of your accident.
- Thirdly, report your accident at work to your manager or supervisor. The accident should be accurately recorded in the accident book (also known as the accident log book).
- And finally, if you want to, find a skilled personal injury solicitor to handle your compensation claim. UK Law can connect you to a personal injury solicitor to handle your compensation claim.
If you wish to make a personal injury claim for an accident at work, you may be able to fund your solicitor using a No Win No Fee agreement. You will sign a Conditional Fee Agreement (CFA) to formalise this.
No Win No Fee means that you don’t pay a solicitors fee before work begins on your claim. Instead, your solicitors will charge you a success fee if you win your claim. You will not pay a success fee if your claim is unsuccessful. So, working with a No Win No Fee solicitor may involve less financial risk.
We can help you if you have been injured in an accident that was not your fault. And we can also help with unfair or constructive dismissal. To begin your compensation claim, contact us using the details below.
- Call UK Law on 020 3870 4868 to speak to an advisor
- Use our online compensation claims form
- Or you can get free advice now by asking us a question via our chat widget.
If you were sacked for making a personal injury claim, we hope you have found this guide helpful. You may also wish to read the following guides about claiming for an injury at work.
Information about employment tribunals from the UK government
We will now answer some questions that our clients often ask us.
Can you fire someone because of an injury?
This depends on a lot of factors. If you are injured at work through no fault of your own and you are still capable of doing your job there would be no reason to be fired.
Can a company sack their employee for being injured?
Your company may dismiss you if you are injured to the extent that you cannot do your job. However, if your employer can make reasonable adjustments to help you work, they should do this instead of dismissing you.
This government guide has more information on dismissal due to illness.
Can an employee be disciplined for having an accident at work?
Your employer cannot discipline or sack you for having an accident at work that was not your fault.
Thank you for reading our guide on what to do if you were sacked for making a personal injury claim.
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