Your employer must abide by the law if you are injured or suffer some kind of illness while in their employment and they cannot prevent you from seeking compensation if you decide to file an accident at work claim against them. Should an employer sack you or threaten you with redundancy because you seek compensation from them, they would be in breach of the law.
To find out more about whether an employer could sack you if you file an accident at work claim against them, please read on.
- Does An Employer Have a Duty of Care Towards Employees?
- As an Employee, Do I Have Responsibilities in the Workplace?
- What Are My Rights as an Employee if I Am Injured at Work?
- What if My Employer Does Sack Me if I File an Accident at Work Claim?
- Was Your Accident at Work and Injuries Reportable to the RIDDOR?
- Make Sure There is an Official Report of the Workplace Accident That Left You Injured
- Questions to Ask Yourself Before Reporting the Workplace Accident and Your Injuries
- What Evidence Would I Need to Prove My Accident at Work Claim?
- Who Would be Told About My Work-related Claim for Compensation?
- Does My Employer Pay the Work-related Personal Injury Compensation I Am Awarded?
- Is There a Time Limit to Making a Work-related Personal Injury Claim?
- Would a Solicitor Help Me File a Work-related Personal Injury Claim?
- What Benefits Are There to Legal Representation When Filing an Accident at Work Claim?
- Informative Links
The law in the UK protects employees and sets out how an employer has a legal duty to keep you safe when you are in their employment. Under the Management of Health and Safety at Work Regulations Act 1999, employers must keep you and your fellow employees safe from injury and harm when you are in the workplace. Your employer’s duty towards you is detailed below:
- That all feasible safety measure are set in place to reduce the risk of harm and injury to all employees and other workers
- That you and all other employees and workers are sufficiently trained to do their jobs safely
- That regular risk assessments are carried out in a work environment to identify hazards that may be present
- To ensure that all machinery, equipment and tools are correctly maintained and in good working order
- To ensure that you and your fellow workers are provided with details of good working practices and procedures
- That you are provided with the correct industry standard personal protective equipment when necessary
If your employer does not ensure that a work environment is safe and you suffer an injury, they would be in breach of their duty and as such, it could entitle you seek compensation from them by filing an accident at work claim.
As an employee, you must behave correctly when you are at work, you must follow all good working practices and you would be obliged to adhere to all Health and Safety Executive regulations that are in place. Should you be injured in a workplace accident because you acted recklessly, you could be deemed liable for the injuries you sustained. In short, your claim would not be successful because you would be deemed responsible for the accident happening and the injuries you suffered.
You have rights if you are injured in a workplace accident which are detailed as follows:
- The right to be treated fairly by an employer and your work colleagues if you file an accident at work claim
- That your job is secure if you seek compensation
If your boss fires you without “good cause” but because you file compensation for the workplace injuries you suffered, you should contact a solicitor who specialises in employment law who would recommend how you should proceed and whether you have grounds to file for further compensation from an employer.
As previously mentioned, your employer must have good grounds for sacking you after you are injured at work. If they make your working life really difficult that you have no choice but to resign, it would only strengthen a claim against them which means it would not work in their interest to fire you, threaten you with redundancy or treat you either unfairly or detrimentally.
If you feel that an employer is about to fire you or they have threatened you, you should contact a solicitor at accidentclaims.co.uk who would investigate your case and then offer the best advice on whether you have grounds to take further legal action out against your employer.
If the workplace accident and your injuries are reportable to the RIDDOR, you must check that your employer has reported the incident which is their responsibility to do. You have the right to check if this has been done and if it has not, your employer could be fined by an enforcing authority.
If you suspect that your employer may want to sack you for filing an accident at work claim against them, you should make sure that an official account of the incident has been correctly recorded either in the work’s Accident Book or by some other official means. This could be in a personal email or a registered letter sent directly to your employer or the person in charge of a work environment.
The record of the workplace accident that left you injured should include the following information:
- The details of the accident and the injuries you sustained which should include the time the incident occurred and the date
- What job you were doing at the time and whether you were using any equipment, machinery or tools
- Whether you needed to be taken to hospital by ambulance
- Whether you were unconscious
- Whether you were treated by a designated first aid officer at the scene of the workplace accident
There are certain questions that you can ask yourself before filing an official report of the workplace accident that left you suffering from injuries. These are as follows:
- Why and how did the accident in the workplace happen?
- Did you notice any changes in your normal work environment?
- Did you have the correct industry standard personal protective equipment when carrying out the work you were tasked to do?
- Did you have to use any specific or specialist equipment, machinery or tools and were you adequately trained to use them?
By asking yourself relevant questions, it helps you determine why you were injured in an accident at work and whether your employer could be held negligent in their duty to keep you safe in the workplace.
Even if you have no intentions of filing an accident at work claim against your employer, you should still gather as much evidence as you can because should you decide to seek compensation, you would need to prove that you were not responsible for the injuries you sustained. The type of evidence needed to support a claim is as follows:
- A medical report detailing the extent of the workplace injuries you suffered
- The official report as recorded in the Accident Book
- A written statement that provides details of how the accident at work occurred
- The contact details of all the people who witnessed the incident
- Statements from all those who witnessed the accident
- Photos or CCTV footage if available of where the incident occurred
- Photos of the workplace injuries you suffered
- Records detailing any previous reports of workplace accidents that were sent to the Health and Safety Executive
The rule of thumb when filing an accident at work claim against an employer who could be held liable for the injuries you suffered through no fault of your own, is to gather as much evidence as you can so that if an employer fires you, you can show they were responsible for the injuries you suffered and were in breach of your rights to file for compensation from them.
It is a legal requirement for companies and businesses in the UK to have an Accident Book in the workplace and to record all accidents, injuries and work-related health issues in it. If you are injured at work and you did not cause the accident, the incident should be officially recorded with specific incidents being reportable to the RIDDOR and you decide to seek compensation, the people who would be informed of your intentions are as follows:
- Your employer
- Your employer’s liability insurance provider
- RIDDOR – if the incident is reportable
- The Department of Work and Pensions – any benefits you have received would be refunded to DWP by your employer’s insurance providers
When you file an accident at work claim and you contact a solicitor, they would handle all aspects of your case once they are satisfied that your claim would be upheld. An accident at work lawyer would also ensure that all the relevant authorities have been informed of your intentions.
It is not your employer who pays the accident at work compensation you would be awarded but their insurance providers. It is compulsory for all UK employers to have liability insurance in place and it must meet the legal requirement. The policy also has to be issued by an approved provider. Should your employer fail to have the necessary insurance in place, they run the risk of having hefty fines levied against them by the enforcing authorities.
You would have 3 years to file a work-related personal injury claim against your employer and if you are threatened with the sack or redundancy if you do, you could also file further legal action against your employer. As such, you should discuss your concerns with a legal expert who would assess whether you should proceed with other claims.
With this said, the deadline to making an accident claim begins at different times which are explained as follows:
- 3 years from the date of the workplace accident
- 3 years from the day you turn 18 should the incident have happened prior to this time
- 3 years from when a doctor diagnoses you as suffering from a health issue connected to the workplace injury you suffered
It is worth noting that if your employer has ceased trading, you should still contact a legal expert because you could still be able to seek compensation which a lawyer would do by filing the necessary application for a business to be reinstated on the Register of Companies.
Accident at work claims are complex more especially if an employer chooses to deny liability or they make your working life difficult by treating you unfairly. Should your employer make it that much harder for you to stay in your job because you file for compensation, a legal expert would be happy to take on your case providing you have enough evidence to prove your claim. The solicitor would also offer essential legal advice on whether you have grounds to file an unfair dismissal or detriment claim against your employer.
The solicitor you contact would quickly assess your case before offering to handle all aspects of your claim on your behalf and would represent you on a No Win No Fee basis. The solicitor would then commence gathering all the necessary evidence to prove that your employer was negligent and that they were in breach of your rights if they threatened you with the sack or they fired you.
As previously mentioned, work-related personal injury claims can be complicated more especially if an employer chooses to be awkward by denying liability or deciding to fire you following an accident in the workplace. The benefits that a solicitor would provide would include the following:
- An accident at work solicitor would represent you on a No Win No Fee basis once they have established your employer is liable and therefore, you have a strong claim against them
- You would be examined by an independent specialist or consultant so that a detailed medical report is produced which would be used as the basis for the amount of compensation you could receive
- The solicitor would thoroughly investigate your claim against your employer with an end goal being to get them to accept responsibility for injuries you sustained
- If the accident was caused by another worker, the solicitor would make sure that your employer accepts they are liable which is referred to in law as vicarious liability
- A solicitor would handle all communication with your employer and their insurance providers
- Solicitors know that pre-action protocols and times limits have to be respected
- You would be informed at the earliest opportunity of the amount of compensation you could be entitled to receive
- Accident at work solicitors are able to refer to legal libraries which in short, means they can reference past similar cases which they can then base your claim on
- A solicitor would work hard for you to be paid interim payments to avoid any financial hardship should your case be more complex and therefore, a final compensation settlement takes longer to reach
- When an accident at work lawyer works on your claim by offering you No Win No Fee terms, the only time you have to pay the “success fee” is when you receive the compensation you seek and the amount is taken from the money you are awarded. If your accident at work claim is unsuccessful, there would be nothing to pay the solicitor for the legal advice and representation they provided
- If your employer threatens you with the sack or they treat you unfairly after an accident at work, the solicitor would work hard to establish that an employer was in breach of the law which would entitle you to seek further compensation from them.
These are just some of the benefits of having legal representation when filing an accident at work claim against an employer who threatens you with the sack or redundancy because you seek compensation for workplace injuries you suffered through no fault of your own.
If you were in an accident at work and would like more information about Health and Safety regulations, please follow the link provided below:
To find out more about worker’s rights if you ware injured in a workplace accident, please click on the link below:
More more information regarding employment law in the UK, please follow the link provided below: