Have you had an accident in the workplace that wasn’t your fault? You may be considering taking legal action and seeking compensation.
However, while compensation ensures you receive the justice you deserve, it may come with worry about your future employment at the company and how your employer will react.
Can you be fired for making a legal claim? What are your rights as an employee? What if you make a claim against your employer when you were partially at fault?
This guide will answer all questions about your rights as an employee, and how putting your trust in solicitors who specialise in personal injury cases can maximise your protection against any unfair dismissal.
Will I Lose My Job If I Claim an Accident at Work?
Legally, no, you cannot be dismissed from your workplace for making a claim against your employer.
The only time that your employer will have legal grounds to dismiss you when you’ve had an accident at work is when that accident was completely your fault – especially if you then try to sue them for it. If you’ve conducted gross negligence causing an unsafe environment at work, that alone is grounds for dismissal, whether or not you then injured yourself as a result of an accident.
However, if the accident was not your fault, it is against the law for your employer to fire you as a result, even if you do go on to seek legal support and claim compensation for the incident.
Your employer also cannot infer that you might lose your job, or threaten that you could if you pursue legal action.
Examples of When Dismissal May Be Unfair:
- An accident that wasn’t your fault: If you were not responsible for the accident and the liability sits with your employer, they are not legally allowed to fire you because of the accident.
- Retaliation for a claim made: It is against the law for your employer to sack you, or threaten to sack you, for filing a personal injury claim after an accident that wasn’t your fault.
- Failure to follow procedure: If your employer doesn’t investigate the accident and then fires you, assuming it was your fault, this would count as unlawful dismissal.
- Discrimination under the Equality Act 2010: If the accident resulted in a disability, your employer must make reasonable adjustments for you to be able to continue working at the company, and cannot discriminate.
What If The Accident Was Partly My Fault – Can I Still Be Fired?
In some instances, if the accident was partly your fault and partly the fault of your employer, your employer may dismiss you.
However, depending on the circumstances of where the fault mostly lies, you could challenge this decision to appeal for unfair dismissal.
Having a legal team by your side to take care of legal proceedings and negotiate on your behalf is crucial to not only receiving the compensation you deserve but also protecting your employee rights.
What to Do If Your Employer Has Fired You After an Accident at Work
If the accident was not your fault, or only partly your fault, and your employer has dismissed you, or is threatening dismissal, as a result, you can seek legal support.
This can come in the form of an employment law solicitor as well as a solicitor who specialises in personal injury claims.
Here’s our step-by-step guide to claiming against an employer who has unlawfully dismissed you:
1. Record and document
Make sure you keep a record of all communications between you and your employer.
These communications can hold significant weight in a legal case, especially if they highlight examples of bullying or pressuring.
Report the incident
It’s also worth making sure that the accident has been properly and officially reported. There’s a workplace accident report procedure that your employer is legally bound to follow, including reporting the accident to the Health and Safety Executive (HSE) under RIDDOR – Reporting of Injuries, Diseases and Dangerous Occurrences Regulations.
A RIDDOR report is especially useful during a legal claim, as it can provide significant evidence about the event.
Equally, the incident should be reported in the company accident log book or digital system, which can be used to obtain details of the accident.
3. Make a claim
Next, get in touch with a personal injury solicitor who can help navigate the legal proceedings surrounding your accident in the workplace. You can also make an employment tribunal claim, which builds your case against your employer for unlawful dismissal or threat of dismissal.
By putting your trust in an experienced firm who have years of experience helping employees gain the compensation they deserve, like CEL Solicitors, this will ensure your case is as strong as possible.
To begin your personal injury claim, simply get in touch with our expert team of personal injury solicitors – either fill in this online form or give us a call to talk through your situation with a specialist.
We’ll ask for some details about your workplace accident and refer you to the most appropriate solicitor for the case. If your claim is successful, we will work with you and the defendant to achieve compensation for your accident and protect your rights as an employee.
Choosing CEL Solicitors for Personal Injury Claims
Seeking the compensation you deserve for a workplace accident shouldn’t be coupled with the worry of keeping your job and your future at the company.
Deserved compensation can provide you with access to rehabilitation support, long-term care costs, counselling or emotional support, and account for loss of earnings, especially if your employer has wrongfully dismissed you.
That’s why choosing an expert team, such as CEL Solicitors, can offer you peace of mind that your employee rights are protected while seeking the justice you deserve. We also operate on a No-Win, No-Fee promise, which means that you won’t need to pay any fees up front, giving you access to legal support without financial burdens.
Not sure whether your claim is strong enough? Talk things through with us – our expert consultation is completely free. We’ll listen, review your situation carefully and provide clear advice on your next steps.
Ready to pursue your personal injury claim for an accident in the workplace? Get in touch today for a free, no-obligation consultation. Call 0333 305 4982 for the support you deserve.
