If you are suffering from a work-related injury, you’re likely asking yourself – ‘Can I be sacked for having an accident at work?’. This guide will cover any questions and concerns you might have following a workplace injury.
We examine your rights following an injury in the workplace and what responsibilities your employer has. Additionally, this guide covers whether your employer would have good grounds to dismiss you if you make a personal injury claim against them. This is followed up with a look at how to make a claim against your employer and how compensation could be awarded for a successful accident at work claim.
With the assistance of the highly experienced solicitors on our panel, you can claim compensation if you sustained injuries an accident at work. This guide concludes with a look at how the solicitors on our panel offer a No Win No Fee service.
Making a personal injury claim may seem like a stressful process to go through, but our solicitors will be by your side throughout. Contact us today by filling in our contact form, calling our 24-hour telephone service on 0800 408 7825, or using the live chat option below.
Choose A Section
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- Your Rights After A Workplace Accident
- Your Employer’s Responsibility
- Would Filing An Accident At Work Claim Be Grounds For Dismissal?
- How Your Sick Leave Could Be Affected
- How To Start A Claim Against Your Employer
- The Amount Of Compensation You Could Get For Your Accident
- How Our Panel Of No Win No Fee Solicitors Could Help
- More Information
Your Rights After A Workplace Accident
You have certain rights following an accident at work that will be useful later on during the claims process.
Immediately after the accident, you have the legal right to record your accident in an accident book (this does not apply to companies with less than 10 employees). You can record it yourself, but you should also report the workplace accident to the nearest person in charge as soon as possible.
It’s important to check the accident has been recorded. If your workplace isn’t required to have an accident book, write down details of the accident and forward it to the person you report to.
Next, seek out medical attention. You can make a GP appointment or go to an urgent treatment centre or A&E if required. Keep all documentation for medical visits, or you can request a copy of your medical records should you wish to claim personal injury compensation.
Simultaneously, begin to gather evidence by photographing the scene of the accident, any injuries sustained, and objects or items involved in the accident. This could be a loose wire or a tool that wasn’t put away, causing you to fall at work.
Please continue reading to learn more about your question, ‘Can I be sacked for having an accident at work?’
If The Accident Was Your Fault
Wondering ‘Can I be sacked for having an accident at work?’ is stressful enough without the accident being your fault.
You can be dismissed for gross misconduct. For example, if your employer provided appropriate health and safety training, along with clear instructions and supervision, but you did not follow the instructions and caused injury to yourself or others, you can be sacked.
However, if you made a mistake because of a lack of training, your employer would still be responsible for the accident. This is because they must provide you with any training (free-of-charge) that is necessary to carry out your job roles safely.
Furthermore, you might be eligible to make a personal injury claim even if you are partially at fault for the accident. These cases are known as ‘split liability claims’. However, the compensation you receive could be lower than if the responsibility for a work accident falls completely on your employer. The reduction will be made based on how at fault you are for the accident. For example, you could be 40% responsible for the accident, whereas your employer is responsible for 60% of the accident. Therefore, your compensation would be reduced by 40%.
There are circumstances in which you may seem at fault, or your employer could pressure you to take responsibility. Please speak to us today so we can advise you on claiming compensation in these circumstances.
Your Employer’s Responsibility
Your employer must take reasonable and practicable steps to ensure that you are reasonably safe while carrying out your job. This is the duty of care that employers owe to their employees per the Health and Safety At Work etc. Act 1974. If a failure to adhere to this duty results in an employee injury, then employer negligence has occurred.
Adhering to this duty will look different between workplaces. For example, to comply with health and safety regulations, employers must carry out risk assessments. However, these risk assessments will be different between a building site and an office as both workplaces present different risks.
Nevertheless, all employers must do the following:
- Provide adequate training so employees can carry out tasks safely and to the required degree.
- Maintain the workplace to ensure it is as safe as is reasonable for employees. For example, ensuring walkways are free of clutter and trailing wires.
- Consistently checking all equipment so it remains safe and free of faults.
- Provide Personal Protective Equipment (PPE) where necessary.
It is considered employer negligence if your employer does not sufficiently carry out the above. You will need to prove employer negligence in order to make an accident at work claim. If you would like to find out more about making a claim, get in touch with us today. We can listen to the circumstances of your accident and let you know if you have good grounds to pursue a personal injury claim.
Would Filing An Accident At Work Claim Be Grounds For Dismissal?
You’re likely worried about being disciplined for filing an accident at work claim. Thankfully, in most cases, it is illegal for your employer to dismiss you. An exception would be if the accident were caused fully by your negligence, in which case your employer may rightfully dismiss you.
So, if you ask, ‘can I be sacked for having an accident at work and claiming compensation?’, your employer cannot dismiss you for starting a personal injury claim against them if employer negligence occurred.
Speak to us today to get started on a claim for personal injury compensation. If you have good grounds to start the claims process, you can be connected to one of the No Win No Fee solicitors from our panel.
How Your Sick Leave Could Be Affected
Though you cannot be unfairly dismissed for having an accident at work, your sick leave can be affected. How much sick leave you receive following a work injury will depend on your contract.
If you have been off for three days or more, your employer could pay you Statutory Sick Pay. You can receive this for up to 28 weeks. However, some employers may have a sick pay scheme. You will need to check your contract as this is not offered by all workplaces. Furthermore, if you make a successful accident at work claim, any loss of earnings could be recovered.
If you are off work for four weeks or longer, this is considered long-term sick leave. As a last resort, employees who are long-term sick, could be dismissed. However, your employer must consider if you can return to work if you have a reasonable change in hours or duties. Additionally, they must consult with you about when your health could improve and when you could return to work.
Therefore, if you are long-term sick and want to know if you can be sacked for having an accident at work, you could be dismissed, but your employer would need to take certain steps to accommodate if you could return to work.
We’re here to help you claim compensation. If you sustained injuries in an accident at work, get in touch. In addition to assessing whether you could have a valid personal injury claim, we can help calculate how much compensation you could be awarded and what evidence you would need to submit to recover your loss of earnings.
How To Start A Claim Against Your Employer
The first thing you need to do when thinking of starting a claim is gathering evidence. The evidence you collect needs to prove employer negligence. To help make a stronger case, you can collect:
- Pictures. For example, of your injuries (if these are visible), the accident scene, or any faulty equipment that caused the incident.
- Videos, such as CCTV footage that captured the incident.
- Contact information from any witnesses who may be willing to provide statements.
- A copy of your medical records.
Additionally, you may want to reach out to us for a free, no-obligation evaluation of your potential to claim compensation against your employer. If you meet the eligibility requirements and decide to pursue compensation, we can connect you to one of the personal injury solicitors from our panel. Our panel has decades of collective experience pursuing accident at work claims and will be able to give you individualised advice on what evidence can help support your claim.
Should My Claim Be Filed Against My Employer Or Their Employer’s Liability Insurance?
In the majority of cases you are claiming against your employer’s insurance company. Employers’ liability insurance is a legal requirement and your employer can be fined for each day they are not properly insured. This insurance is what will pay compensation to you if your work injury claim is successful.
You don’t need to contact the insurance company directly. This will be done as part of the Pre-Action Protocol for Personal Injury Claims, typically in a Letter of Notification. The Letter of Notification is sent to the defendant (your employer, in this case) and/or their insurer to inform them that a claim is likely to be made but before a more detailed Letter of Claim can be sent.
If you are eligible to pursue an accident at work claim with one of the specialist solicitors from our panel, they will handle the Pre-Action Protocol on your behalf. Furthermore, if you want to know if you can be sacked for having an accident at work and pursuing compensation, the answer is typically not. Having the support of one of the solicitors from our panel during the Pre-Action Protocol may give you the confidence and reassurance to move forward with a claim. Additionally, our panel can help ensure that you receive the appropriate compensation for your damages. Call us today to find out more.
The Amount Of Compensation You Could Get For Your Accident
Before you pursue a claim, it can be helpful to get a picture of how much compensation you could receive after a workplace injury. No two successful accident at work claims are the same, so there is no set amount that could be awarded.
Settlements may consist of compensation for up to two heads of loss. These are general damages (for the physical pain and mental suffering caused by the accident) and special damages (for any financial losses incurred as a result of your injuries).
When assigning value to injuries, those who do so may refer to the Judicial College Guidelines (JCG). The JCG lists different injuries, both mental and physical, along with guideline compensation amounts.
We’ve taken a few figures from the Judicial College Guidelines, except for the first entry to make the table below. Final compensation amounts will depend on the circumstances of your claim. Therefore, this table is only intended as guidance.
| INJURY | SEVERITY | GUIDELINE AMOUNT |
|---|---|---|
| Multiple injuries and special damages | Severe injuries plus related financial losses, including lost wages and carer expenses | Up to £1,000,000 |
| Brain Damage | Very Severe | £344,150 to £493,000 |
| Arm injuries | Severe | £117,36 to £159,770 |
| Neck injuries | Severe (ii) | £80,240 to £159,770 |
| Knee injuries | Severe (i) | £85,100 to £117,410 |
| Back injuries | Severe (ii) | £90,510 to £107,910 |
| Wrist injuries | Severe (a) | £58,710 to £73,050 |
| Shoulder injuries | Severe | £23,430 to £58,610 |
| Elbow injuries | Less Severe | £19,100 to £39,070 |
| Toe injuries | Severe | £16,770 to £25,710 |
In addition to the above, you might receive special damages after a work injury. Most people don’t earn full pay after being injured at work, which is why special damages for things like loss of earnings are so beneficial. Special damages can reimburse you for costs like:
- Hospital visits.
- Medical treatment.
- At-home care.
- Domestic help.
You will need to submit proof of your financial losses, such as payslips and bank statements.
Get in touch for a free valuation of your claim.
How Our Panel Of No Win No Fee Solicitors Could Help
The solicitors on our panel can help you in many ways. Firstly, by gathering evidence. Working with legal professionals will give you a better idea of which evidence will back up your statement. Secondly, by offering personalised advice and updates throughout your claim so you know how it is proceeding.
Additionally, they will ensure that:
- The correct documents are filed on time and in full.
- You are supported throughout the different stages of the personal injury claims process.
- Your claim is properly valued and that you receive a settlement that reflects the extent of your damages.
- You understand any complex legal jargon.
Furthermore, our panel provide these services on a No Win No Fee basis under a Conditional Fee Agreement (CFA). If you haven’t heard of No Win No Fee arrangements, they are an affordable way to pursue a claim without a high financial risk. When working with a No Win No Fee solicitor:
- You only pay your solicitor if your accident at work claim is successful. This means you won’t have to pay a solicitor’s fee upfront or as the claim progresses.
- If your claim is unsuccessful, you will not be expected to pay any costs towards your solicitor’s services.
- If your claim for personal injury is successful, you will then pay a fee to your solicitor. This is a legally limited percentage taken from your compensation.
Don’t hesitate to find answers to any more questions you might have aside from ‘Can I be sacked for having an accident at work?’. If you have any questions about making a personal injury claim against your employer, please get in touch:
- Call us on 0800 408 7825.
- Fill in our contact form.
- Use the live chat option.
More Information
You may find the below links useful when researching accident at work personal injury claims.
Here are some more guides from Public Interest Lawyers:
- Find out your options after an accident at work if you are a part-time staff member.
- See what you can do if you are on a zero-hour contract at your workplace.
- Learn about some of the most common workplace injuries.
External websites that you might find useful:
- HSE.GOV.UK – learn how and when you need to report an accident under RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations).
- HSE.GOV.UK – discover statistics on workplace accidents via the Health and Safety Executive.
- GOV.UK – find out some of the legal reasons you can be dismissed from work.
We hope you found this guide about your question, ‘Can I be sacked for having an accident at work?’ helpful. Please get in touch with any queries about the personal injury claims process.
