Can I Be Sacked for Having an Accident at Work? Understanding Your Rights and Legal Recourse

Customer Notice: Claim Submission Rights

• No Obligation to Use Our Services: You are not required to use our services to pursue your claim. You have the right to submit your claim directly to the person or entity in question, or to the relevant statutory ombudsman or compensation scheme, free of charge.
• Free Claim Submission: It’s possible and permissible to present your claim on your own without any costs. This can be done without engaging our regulated claims management services.
• No Win, No Fee: Our panel of solicitors operates on a no win, no fee basis. That means you don’t have to worry about paying anything upfront. In the event that your claim is successful, a fee will be charged. Depending on the panel solicitor we appoint to your case, the fee will range between 25% + VAT to 50% + VAT of your compensation. Should you cancel outside of the cooling off period a termination fee may be charged. We will not charge you for our services, we receive a recommendation fee by our panel solicitor for successful recommendation.

Accidents at work can be a distressing experience, leaving employees physically injured, emotionally strained, and potentially facing an uncertain future regarding their job security. One common concern among those injured at work is the possibility of being dismissed after an accident. In this informative blog post, we will explore this question and discuss the relevant aspects of employment law, compensation claims, and the legal actions available to employees. We will also cover statutory sick pay (SSP), the duty of care owed by employers, and the role of insurers in workplace accidents.

Your Rights as an Employee

Employment law in the United Kingdom ensures that workers are protected from unfair dismissal. If you are injured at work, you have the right to claim statutory sick pay (SSP) during your recovery period, and your employer cannot sack you simply for having an accident. This is because your employer has a duty of care to ensure your health and safety while at work, and dismissing you on these grounds would likely constitute a breach of that duty.

Moreover, if your employer dismisses you for having an accident at work, you may have a claim for constructive dismissal, which is a form of unfair dismissal. To succeed in such a claim, you must demonstrate that your employer’s actions, such as dismissing you due to an accident, were so severe that you felt compelled to resign. In such cases, you may be eligible for compensation, and it is advisable to seek free legal advice from a trade union representative or a solicitor specialising in employment law.

Compensation Claims and Liability

If you are injured at work, you may also be entitled to bring a compensation claim against your employer. This is because your employer has a duty of care to ensure your health and safety at work, and if this duty is breached, they may be held liable for your injuries. A successful compensation claim can provide financial support for medical expenses, lost earnings, and general damages related to the pain and suffering caused by the accident.

The process of pursuing a compensation claim typically involves several steps, including reporting the accident in the accident book at your workplace, gathering evidence of the incident and your injuries, and obtaining free legal advice from a solicitor or trade union representative. It is important to note that there is a time limit for bringing a compensation claim, generally three years from the date of the accident. Therefore, it is crucial to act promptly in order to secure your rights.

Legal Action and Success Fees

Injured employees who decide to take legal action against their employer may choose to work with a solicitor on a ‘win no fee’ basis. This means that you will not be required to pay any legal fees upfront, and your solicitor will only receive a success fee if your claim is successful. The success fee is typically a percentage of the compensation awarded and is agreed upon before the legal action commences.

It is important to remember that your employer’s liability insurers are usually responsible for paying out compensation claims, rather than the employer themselves. As such, taking legal action against your employer does not necessarily mean causing financial hardship for the business, but rather seeking fair compensation from the insurers for the harm you have suffered.

Protecting Your Rights After an Accident at Work

If you are injured at work and are concerned about the potential consequences for your employment, it is essential to understand your rights and the legal options available to you. In summary, you cannot be sacked for having an accident at work, and if you are dismissed under these circumstances, you may have grounds for a claim for constructive dismissal. Furthermore, you may be entitled to pursue a compensation claim against your employer for their breach of duty of care, with the support of a solicitor working on a ‘no win no fee’ basis.

To protect your rights and maximise your chances of a successful claim, it is vital to follow these steps:

1. Report the accident: Ensure that the details of the incident are recorded in your workplace’s accident book. This documentation is essential for any future legal action or compensation claim.
2. Gather evidence: Collect as much evidence as possible relating to the accident and your injuries, including photographs, witness statements, and medical records. This information will be crucial in proving your employer’s liability and the extent of your damages.
3. Seek medical attention: It is important to receive appropriate medical treatment for your injuries, both for your well-being and to provide evidence of the harm you have suffered.
4. Obtain legal advice: Consult with a solicitor or trade union representative who specialises in employment law and personal injury claims. They will be able to guide you through the process, inform you of your rights, and advise on the best course of action for your particular situation.
5. Act promptly: Remember that there is a time limit for bringing a compensation claim, so it is crucial to initiate legal action as soon as possible to protect your rights and secure the compensation you deserve.

In conclusion, being injured at work can be a challenging and distressing experience, but it is important to understand that your job security should not be at risk due to an accident. By familiarising yourself with your rights under employment law, seeking appropriate legal advice, and taking timely action, you can ensure that your rights are protected and that you are fairly compensated for any harm you have suffered.