Will I be sacked for claiming against my employer?

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One of the first questions that people ask when considering claiming against an employer for an accident at work is ‘will I be sacked?’ This concern makes sense and is perfectly natural. You may have had a wonderful relationship with your employer up to the point of the accident or want to continue with your employment once the situation is resolved.

The short answer is no, you cannot be sacked for approaching your employer with a personal injury or accident at work claim.

Your employer is responsible for keeping you safe in the following ways:

  • Keeping the working environment as safe as possible by undertaking risk assessments and providing enough protective equipment and staff to reduce levels of risk.
  • You should be fully trained to do the job and have an understanding of necessary procedures and safety policies.

If you’ve had an accident at work which wasn’t your fault, it may be worth considering taking action. An employer has a duty of care and if that duty is breached and an accident occurs, there are clear grounds for compensation.

Some people are concerned that bringing a case against their employers will result in a terrible atmosphere, a decline in interpersonal relationships and that they will be forced to leave their job as the situation becomes increasingly unbearable. Your status as an employee is protected by law and this continues even if you’re making a personal injury claim.

This means that if you think that your status as an employee is being unfairly challenged, you might be able to bring a second case against your employer. You would need to make a case for ‘unfair dismissal’ or ‘constructive dismissal’. In most instances, this doesn’t happen and employees are often able to return to work and continue as though nothing has changed. Most companies ensure a high level of insurance coverage for employee injuries and often the bulk of the claim can be handled by your solicitor and the relevant underwriters.

Although you cannot be sacked for making a personal injury claim against your employer, it’s always advisable to seek independent legal advice about your accident at work before you take action. Contact us at Mackrell & Thomas Solicitors today for more information.