Can You Sue Your Employer While Still Working For Them?

By Stephen Moreau. Last Updated 7th March 2024. 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?’ 

Injured worker lies on the floor after being hit by falling boxes

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. Can You Sue Your Employer While Still Working For Them?
  2. How Much Time Do I Have To Sue My Employer?
  3. What Is Employer Negligence? – Example Scenarios
  4. Suing Your Employer While Still Employed – Top Tips
  5. How To Record Your Workplace Accident
  6. How Much Can I Sue My Employer For After An Injury At Work?
  7. Can You Sue Your Employer While Still Working For Them With The Help Of A No Win No Fee Solicitor?
  8. Other Information Relating To ‘Can You Sue Your Employer While Still Working For Them?’

Can You Sue Your 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.

How Much Time Do I Have To Sue My Employer?

If you are eligible to make an accident at work claim, you must initiate the claims process within the time limit. The Limitation Act 1980 sets this as usually three years from the date of the incident when making a personal injury claim.

However, there might be an exception to this. Exceptions include:

  • Those under 18 at the time of the accident cannot start a claim. These injured parties have the limitation period paused while they are under the age of 18. During this pause, a court-appointed litigation friend can manage the claims procedure for them. However, once they turn 18, if a claim was not made for them, they will have three years from their 18th birthday to file one.
  • Those without the mental capacity to manage their own personal injury claim. For these injured parties, the time limit is suspended for as long as they do not have this capacity. As with those under 18, a litigation friend can be appointed to manage the claim for them at any point during this suspension. However, if a litigation friend has not managed the claim on their behalf and the injured party regains this mental capacity, then they will have three years from the date it was deemed this capacity had been regained to file one.

Contact an advisor to discuss, ‘Can I sue my employer?’. They can check your eligibility as well as the limitation period on your claim.

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.

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.

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.

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.

Multiple Serious Injuries With Special DamagesSeriousUp to £500,000+If you are eligible to claim for multiple serious injuries following an accident at work, then your compensation payout may cover all of these as well as related special damages, such as loss of earnings.
Brain InjuryVery Severe£282,010 to £403,990The injured party will have little to no language function. Full-time nursing care will be required.
Brain InjuryModerately Severe£219,070 to £282,010There may be both physical disabilities and marked impairment of intellect and personality.
Brain InjuryLess Severe£15,320 to £43,060The injured party will have made a good recovery and will be able to take part in normal everyday activities including socialising and work.
Face Injury - ScarringVery Severe£29,780 to £97,330This bracket usually applies to claimants who are aged between their teens and 30s and the cosmetic effect is very disfiguring. The psychological reaction is also severe.
Face Injury - ScarringLess Severe£17,960 to £48,420The injured party has suffered substantial disfigurement and a significant psychological reaction.
Face Injury - ScarringLess Significant£3,950 to £13,740There may be one scar or multiple small scars. The physical change and psychological reaction will be less severe than cases covered by the above brackets.
Neck InjuryModerate (i)£24,990 to £38,490This bracket could apply to injuries such as fractures or dislocations. Severe and immediate symptoms will usually occur and they may necessitate spinal fusion.
Shoulder InjuryModerate£7,890 to £12,770May cover injuries such as soft tissue damage or a frozen shoulder which restrict mobility. Some minimal symptoms may remain beyond 2 years but won't be permanent.
Shoulder InjuryMinor (i)£4,350 to £7,890Soft tissue damage which will cause significant pain. However, an almost complete recovery should occur within two years.

What Are Special 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 You Sue Your Employer While Still Working For Them 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:

A No Win No Fee solicitor answers can I sue my employer for a client.

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:

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.