Can You Sue Your Employer While Still Working For Them?

By Danielle Fletcher. Last Updated 31st March 2023. In this guide, we aim to answer commonly asked questions including ‘Can you sue your employer while still working for them?’ and ‘When can I sue my employer for a workplace accident?’ If you’ve been injured in an accident at work, it may have happened due to negligence on the part of your employer.

If that’s the case, then you could be entitled to receive compensation from your employer. You may, however, ask questions such as ‘can you sue your employer while still working for them?’ 

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Can you sue your employer while still working for them?

You may also wonder if claiming compensation could create problems with your employer. Some people may fear that claiming could affect their job security or their relationship with their managers.

If you are injured at work and it wasn’t your fault, you should be entitled to make a compensation claim whether you still work for that company or not. In this guide, we’ll explain your rights in regards to seeking compensation from your employer while still working for them. We’ll also look at the possible reasons you could have for claiming against your current employer.

Get In Touch With Our Team

Our advisors are here and standing by the help you. We are available 24/7 for you to get in touch and ask for advice. We will have some questions to ask you so that we can offer you more accurate guidance regarding your situation.

Once we know more about your accident and related injuries, we may be able to connect you with an expert solicitor from our panel. If we believe you could have an eligible claim for compensation, then we will help you get the process started.

You may want to make a claim against your current employer but are unsure if you can. If you sue your employer while still working for them, they cannot legally dismiss you for this reason alone. You have a right to claim compensation for injuries caused by negligence.

Get in touch today.

Services And Information

  1. Everything You Need To Know About Suing Your Employer While Still Working For Them
  2. What Is Employer Negligence? – Example Scenarios
  3. What Could Lead You To Sue Your Employer While Still Working For Them?
  4. Suing Your Employer While Still Employed – Top Tips
  5. What Are Your Rights To Sue Your Employer?
  6. How To Record Your Workplace Accident
  7. How Much Can I Sue My Employer For After An Injury At Work?
  8. Can I Be Fired For Having An Accident Or Making A Claim?
  9. How Much Time Do I Have To Sue My Employer?
  10. I Was Harmed Because Of My Employers Negligence, What Should I Do?
  11. Suing Your Employer With The Help Of A No Win No Fee Solicitor
  12. Other Information Relating To ‘Can You Sue Your Employer While Still Working For Them?’

Everything You Need To Know About Suing Your Employer While Still Working For Them

If you’ve been injured in a workplace accident and it wasn’t your fault, you could be entitled to compensation. If your employer is at fault for your injuries, then you’re entitled to claim compensation from them. 

Some people could feel nervous about taking such action against their employer. They may worry about how it could affect their job security. Or they may be concerned about how it could affect the attitude of their employer towards them.

There is legislation in place which is designed to protect the safety of employees in the workplace. Employees also have the legal right to take appropriate legal action against employers when necessary. There are also laws to protect workers from unfair treatment if they take legal action. Read on to learn more about what exact rights workers have if they want to claim against their current employer.

What Is Employer Negligence? – Example Scenarios

The Health and Safety at Work etc. Act 1974 states that your employer has a responsibility to ensure that they take reasonably practicable steps towards a safe working environment. If they breach this duty of care and an accident happens in which you are injured, you may be eligible to claim compensation.

If you are unsure of what might be classed as negligence in the workplace, we’ve included some examples of employer negligence below:

  • You are provided with equipment that hasn’t been properly maintained, meaning it could be defective and cause you harm.
  • Your employer may fail to provide adequate training on how to perform specific tasks, such as manual handling, which could lead to you sustaining an injury.
  • If the workplace isn’t routinely inspected to identify any hazards, you could trip over an obstruction such as loose wiring.

There are plenty of ways that negligence can happen in the workplace and result in you suing your employer. Speak to our advisors at any time and they can discuss your case and whether or not it would be classed an eligible accident at work claim.

What Could Lead You To Sue Your Employer While Still Working For Them?

As we had mentioned above, you could be able to sue the company you work for if you are injured because of your employer’s negligence. This is possible whilst you are still employed by them.

Some examples of employer negligence could include:

  • They failed to provide you with necessary safety equipment leading to your injury
  • Your employer didn’t properly address or take reasonable action against complaints of harassment you had made, which later led to you being injured
  • They did provide you with necessary training for manual handling, leading to an injury

As our guide has said, you will have protections under employment law when suing a company you work for. Staff can sue their bosses for taking any punitive or retributory actions against them for making a valid claim. Please reach out to one of our advisers if you have any concerns about the protections you will have.

Can I Sue a Company? – What to Consider If Hiring a Solicitor

If you are looking to sue the company you work for, for an injury caused by your employer’s negligence, you should first consider speaking to someone who can offer legal advice or has experience in dealing with work injury claims.

They should have an understanding of:

  • How the claims process works
  • How liability for an injury will be assessed
  • Evidence that can be important in a claim

This can be hugely beneficial when suing your employer and claiming compensation. Our advisors offer free consultations and are available at any time. They could also connect you with a solicitor from our panel if they think you have a valid claim.

Suing Your Employer While Still Employed – Top Tips

When suing your employer while still employed, you can’t be discriminated against or dismissed by your employer. Additionally, if you are still employed, you can’t be pressured or made to feel like you have to quit. We refer to this as unfair and constructive dismissal. If you have a reason to sue your employer, this is within your rights.

Below, we’ve created a list of tips for suing your employer:

  • Record your accident in your work’s accident book – someone else may do this if you are unable to
  • Request CCTV of your accident if possible
  • Collect other evidence that could be relevant to your claim such as photos

For more top tips on suing your employer while still employed, get in touch with our advisors at any time for free legal advice.

Keep notes of your accident, injuries and other relevant details

When you’ve suffered a workplace injury, it could be useful to keep notes of what has happened to you. In cases where there is a lack of witnesses or other solid evidence, it can be more difficult to prove your employer has breached your rights. 

Your notes could explain important info such as what injuries you’ve suffered. They could also explain the type of accident which caused them and why the accident happened. The notes you take could prove useful if your claim ends up going to court.

It’s also important to log your accident in the work accident book. Details of what happened and how it occurred should be recorded. Ideally, complete this as soon after the accident as possible, and make sure it’s you that enters it and not a manager. If someone else completes it, double-check it before signing.

Make an official complaint

You may want to get in touch with your Human Resources department to make a complaint. If you do so, you should make them aware of the injuries you’ve suffered and the incident which caused them. This could lead the department to start an official investigation into your workplace accident. 

If you are part of a trade union, you could also make them aware of what happened. A representative from the union could possibly advise you on what action to take following a workplace injury.

You can contact UK Law for free specialist advice on what action to take if you’re considering suing your employer.

How To Sue A Company In The UK – Split Liability

You may want to sue your employer but are concerned you were partly responsible for the accident that caused your injury. If this is the case, you could still potentially be eligible to claim, though you would not receive the same amount of compensation as you would have if your employer was 100% liable.

A split liability claim is when both parties take a certain percentage of the liability following an accident. For example, if you were to sue a company for not providing a safe workplace environment, they might argue that you did not follow the correct health and safety procedures in place.

Below are some examples of how liability may be split in a claim (though these are just demonstrative):

  • 100% liability – the defendant accepts all liability for your accident and injuries.
  • 75%/25% liability – one party accepts more of the blame than the other.
  • 50%/50% – Both parties are equally liable for the accident.

In a split liability claim, your compensation would be reduced according to the liability. For example, if you were deemed to be 50% responsible for the accident, you would only receive 50% of the compensation.

Get in touch with our advisors for more information. They can answer additional questions on how to sue a company in the UK and if your employer is responsible for a workplace injury.

What Are Your Rights To Sue Your Employer?

Some people may ask the question ‘can I sue my employer?’ because they are unsure what rights they have following an accident at work.

You may have the right to start a compensation claim against your employer if they breach the duty of care which they owe you to protect you from harm while in work and this breach leads directly to you suffering harm. Whatever injuries you may have and however severe they may be, you may be able to seek compensation for them if they were ultimately caused by your employer’s negligence. If there is evidence that shows your employer’s negligence has caused you harm, it is worth seeking legal advice on whether you can claim. This is something UK Law could help you with.

You can contact UK Law for free if you have any questions about your rights to claim against your employer. Our panel of personal injury lawyers can also provide advice if there is a specific claim you’re considering making against your employer.

How To Record Your Workplace Accident

There is legislation that requires certain work-related injuries, illnesses or incidents to be reported to the Health and Safety Executive (HSE). This legislation is known as RIDDOR – The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013.

All employees should report workplace accidents to their manager or supervisor. You have a legal requirement to correctly follow RIDDOR at your workplace if you are considered a ‘responsible person’. These can include employers, managers or supervisors.

A workplace accident needs to be reported under RIDDOR if any of the following categories apply to it:

  • Fatal accidents and non-fatal injuries
  • Occupational diseases
  • Dangerous occurrences, also known as ‘near misses’
  • Incidents that cause an employee to be absent from work for more than seven days
  • Incidents that involve gases

To report an accident under RIDDOR, an employee should usually follow these steps:

  1. Check if there’s no immediate risk of danger.
  2. Make sure that colleagues involved in the accident receive the appropriate medical treatment if necessary.
  3. Report the accident to a manager or supervisor (this may be the last step an employee can follow if they are not a manager or supervisor themself).
  4. Record the incident in the company’s accident book or a similar type of log.
  5. Report the incident under RIDDOR to the HSE. This is usually done online.

How Much Can I Sue My Employer For After An Injury At Work?

When you successfully sue your employer for an injury at work, you will receive general damages. These aim to compensate you for your injuries and related loss of amenity, but the amount you receive may differ depending on the circumstances of your case. For example, consideration may be given to:

  • The severity of your injuries
  • How long your recovery will take
  • The effect your injuries have on your working and social life
  • The cost of your treatment

As such, it can be hard to find an average amount for compensation payments when you are suing your employer. However, the 2022 edition of the Judicial College Guidelines (JCG) can provide some guideline amounts that are often used by solicitors to help them value your claim accurately. You can find some examples of this illustrated below. The figures should only be used as a guide.

Brain InjuryVery Severe£282,010 to £403,990
Brain InjuryModerately Severe£219,070 to £282,010
Brain InjuryLess Severe£15,320 to £43,060
Face Injury - ScarringVery Severe£29,780 to £97,330
Face Injury - ScarringLess Severe£17,960 to £48,420
Face Injury - ScarringLess Significant£3,950 to £13,740
Neck InjuryModerate (i)£24,990 to £38,490
Back InjuryMinor (ii)£4,350 to £7,890
Shoulder InjuryModerate£7,890 to £12,770
Shoulder InjuryMinor (i)£4,350 to £7,890

As part of your compensation, you may be able to claim special damages when suing your employer. These cover the financial losses your injuries might have caused, and can include:

  • Loss of earnings
  • Travel costs
  • Hospital and medical bills
  • Housing adjustments, for example having a stairlift fitted

Please ensure you have sufficient evidence when claiming these costs back under special damages, such as payslips and receipts.

To learn more about what you could claim for when you sue your employer, contact our expert team today. They can offer free legal advice, as well as an estimated value of what your claim may be worth.

Can I sue my employer for other damages?

In addition to covering general damages, compensation payouts for work injuries can also account for financial losses. Such losses fall under special damages. The money you receive under special damages can potentially cover the following:

  • The money spent on medical treatment for your workplace injuries.
  • Money spent on travel to receive your medical treatment.
  • Loss of earnings created due to having to take unpaid time off work recovering from your injuries.

To learn more about what you can include within an accident at work compensation claim, as well as get a more concrete idea of what you could receive, please get in touch with our team.

Can I Be Fired For Having An Accident Or Making A Claim?

Some people may worry that making a compensation claim against their current employer could affect their job security. If you have good reason to believe negligence on the part of your employer contributed to your injuries, then you have the right to claim against them. 

Even if you’re already aware of this, you may still be concerned about how your employer will react. You may fear that they will make life difficult for you in the future or even fire you in retaliation.

By law, an employer cannot dismiss one of their staff for making a compensation claim against them. If it is established that a workplace accident was caused by negligent behaviour by an employee, then that employee could reasonably be dismissed by their employer. However, an employer can’t fire one of their workers simply for being involved in an accident or for taking legal action on it.

Can you sue your employer while still working for them if they make your working life difficult?

Unfortunately, some employers may decide to fire an employee when they start a compensation claim. If this happens to you, then you could have grounds to sue your employer for unfair dismissal. If your employer does not fire you but takes steps to make life difficult for you at work, you may feel pressured to leave the company. Should this happen, you could claim against your employer for constructive dismissal.

We can support you with both claims for personal injury and for issues relating to employment law. Simply get in touch on the number at the top of this page to find out more.

How Much Time Do I Have To Sue My Employer?

If you are injured in a workplace accident, then there is usually a time limit for when you can claim against your employer. Under the Limitation Act 1980, the standard amount of time you have to claim for a workplace injury is three years from the date of the accident which caused your injury. 

Certain types of potential work injuries and illnesses may not be immediately obvious, however. In such cases, the three-year time limit starts from the ‘date of knowledge’. This is the date upon which you knew or suspected that your injury or illness was at least partially the fault of the defendant.

The three-year time limit can be affected under certain circumstances. For instance, if someone under the age of 18 suffers a work injury, then the three-year time limit is frozen for them. The time limit remains frozen until the injured party reaches their 18th birthday. 

Can I sue my employer if I’m under 18?

You cannot start a compensation claim on your own if you are under 18, but you’re allowed to once you are 18. Alternatively, a compensation claim can be started for someone under 18 by a chosen representative. The representative is known as a Litigation Friend and they could potentially be a parent or guardian.

Another way the three-year time limit can become frozen is if the injured party lacks the mental capacity to start a claim on their own behalf. This may be the case because of the workplace injury the person suffered. Or it could be because of a pre-existing condition. 

In either case, the three-year time limit for claiming is suspended unless the injured person recovers enough psychiatric mental capacity to act on their own behalf. Before the injured person recovers sufficient mental capacity, a work injury compensation can be started on behalf of that individual by a litigation friend.

I Was Harmed Because Of My Employers Negligence, What Should I Do?

If you’ve been injured because of your employer’s negligence, you’re entitled to consider a compensation claim against them. You may be wondering, however, what actions to take and in what order.

Just after the work injury has occurred, your first priority should be to seek the medical care you require. Obtain whatever medical evidence you can acquire regarding the treatment you receive for your injuries. This evidence could prove useful later when making your claim. You should also make sure that the work accident that caused your injuries is reported in the correct manner. If you can’t do this yourself, ask a colleague to report the accident for you.

What evidence might I need?

When you’ve sufficiently recovered from your injuries, your next step should be to gather other evidence which can support your potential compensation claim. The evidence available to you will depend on where and how the accident took place. Photos, CCTV footage or witness contact details are examples of the types of evidence you may be able to gather.

When you’ve acquired your evidence, the next step is to get in touch with a personal injury solicitor who can support your compensation claim. We highly recommend choosing a solicitor who has experience in working on workplace accident claims. 

When you’ve chosen your solicitor, they will ask you about the accident and review your evidence supporting your claim. If your solicitor is confident your case can succeed, you can then sign a No Win No Fee agreement with them. 

From here, formal legal proceedings for your claim will follow. Your solicitor should help guide you through all the following steps. You’re welcome to contact UK Law if you would like to begin a claim or if you have any questions about how to claim for a workplace accident injury.

Suing Your Employer With The Help Of A No Win No Fee Solicitor

If you would like to sue a company due to the injuries you suffered while at work, you might like the support of a solicitor. A No Win No Fee solicitor could provide their services under the terms of a Conditional Fee Agreement (CFA). A CFA is a type of No Win No Fee arrangement.

Your No Win No Fee solicitor typically won’t charge upfront for their services. They usually don’t ask you to pay for ongoing costs either. Should your solicitor succeed, they will take a success fee from your award. The law caps the amount they can take. However, if they fail to recover compensation for you, they usually won’t ask you to pay for their services.

Our advisors are available 24 hours a day, 7 days a week with free advice about suing your employer. They can also assess if your case could be eligible for compensation. If it seems like it is, they could pass you on to one of the solicitors from our panel. Our solicitors typically offer their services under a No Win No Fee arrangement.

To talk to us about employer negligence:

Other Information Relating To ‘Can You Sue Your Employer While Still Working For Them?’

For more guides and other useful information related to work injury claims, you can access the resources provided below:

A Guide To Accident At Work Claim

You can read our separate guide on making a compensation claim for different types of workplace accidents.

A Guide To Self Employed Accident At Work Claims

This guide offers an in-depth look at how you can make a work injury claim while self-employed.

What Are My Rights After An Accident At Work In The UK?

You can also read our extensive guide on the different rights legally protecting you if you work in the UK.

Your Rights Following Unfair Or Constructive Dismissal

This government page explains the different circumstances which could give you the legal right to claim for unfair or constructive dismissal.

Requesting CCTV Footage

If you appear in CCTV footage then you have a right to request it. This could be a very useful piece of evidence to have whilst making your claim.

How Do I Know If I’ve Broken A Bone?

Fractures are just one of the injuries you can sustain at work. This is an NHS guide that gives more information on this specific injury.

We hope this guide has helped to answer questions including “can you sue your employer while still working for them?” If you still have any queries surrounding issues such as “Can I sue my employer for negligence?” we’d be happy to talk to you. You can speak to our advisers here at UK Law using the contact information included within this guide.