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Reluctant to make a claim against your employer? Below we address some common client concerns
Many injured clients worry about the consequences of claiming against their employer, particularly if friends or family members also work for the same business. It is an understandable concern, but it should not stop you from finding out where you stand.
Can my employer sack me for making an accident at work claim?
Your employer should not dismiss you or treat you unfairly simply because you have made a genuine personal injury claim following an accident at work. If you are worried that claiming compensation could cost you your job, it is important to know that the law provides protection in certain circumstances, and you may be able to challenge a dismissal or other unfair treatment at an Employment Tribunal.
The Employment Rights Act 1996 provides specific protections for employees who raise health and safety concerns or take certain steps to protect themselves or others at work (see sections 44 and 100). Section 104 also provides protection in certain circumstances where an employee is dismissed for asserting a relevant statutory right. ACAS explains the protections against unfair dismissal for taking action over health and safety at work. If your injury has resulted in a disability, the Equality Act 2010 may also protect you against disability discrimination, including in relation to dismissal.
If your employer threatens to sack you, or you are dismissed or treated unfairly because of your injury or your decision to claim compensation let us know immediately and we will advise you on your options.
The precise legal protection will depend on the circumstances, and not every dismissal connected with an accident or personal injury claim will automatically be unlawful. However, you should not feel that you have to give up your right to seek compensation simply because you still work for the business responsible for your injuries.
The overwhelming majority of employers want to support their employees after an accident at work and on receipt of a claim will engage positively with us and pass the matter straight to their insurance company. We then negotiate with the insurance company and their solicitors, so your employer won’t be inconvenienced by the day-to-day handling of your claim.
Good employers recognise the importance of learning from accidents by addressing dangerous working practices, replacing inadequate equipment and improving staff training so as to prevent their staff from being injured at work again in future. Accidents do happen, and our approach is not to vilify your employer or to punish them. Our goal is simply to obtain compensation from your employer’s insurers for the injuries you have suffered, along with any financial losses you have incurred and, in more serious cases, to ensure your future needs are covered. An injury claim is not a personal attack against your employer, and they are likely to respond constructively.
At LLB Solicitors, we understand that claiming against an employer can be a difficult position to be in. If you are concerned about how your employer might react, we can discuss your situation in confidence, explain your options and agree a way forward.
What if my work colleagues or family members could lose their jobs?
This can be an even more difficult concern, particularly where several members of the same family work for one employer. We have seen how these worries can cause people to delay seeking compensation, even when their injuries have had serious consequences.
A few years ago, we represented a client who delayed bringing his claim for nearly three years because he and his sons all worked for the same employer. He was concerned that pursuing compensation might put his sons’ jobs at risk, despite having suffered life-changing injuries himself.
Eventually, his sons left the employer, and the family instructed us urgently (just five days before the legal three-year deadline). We quickly issued court proceedings to protect his case and then successfully negotiated £1 million in compensation, enabling our client to adapt his home and fund the lifelong care he required. The case illustrates the very real dilemma some injured workers face. Our client nearly lost his opportunity to claim compensation because of his concern for his family. You can read more in our £1 million accident at work compensation case study.
What if I am worried that my claim will affect my employer’s business?
Some clients are reluctant to claim because they do not want to cause problems for their employer, particularly if they work for a small business or have a good relationship with the owner.
Employers are legally required to have employers’ liability (EL) insurance, subject to limited exceptions. Where a claim is covered, the insurer will usually deal with the claim and pay any compensation for which the employer is liable. As such, a personal injury claim against your employer isn’t a personal attack; it’s your right and is one of the reasons your employer has employers’ liability insurance. Equally, if you have a good relationship with your employer, they ought to want you to receive fair compensation.
Can I claim if I was partly responsible for the accident?
Being partly responsible for an accident does not necessarily prevent you from claiming compensation. For example, your employer may still be liable if inadequate training, unsafe equipment or a failure to provide a safe system of work contributed to your injuries.
If you are found to have contributed to the accident, your compensation may be reduced to reflect your share of responsibility. This is known as contributory negligence. You should not assume that you have no claim simply because you think you made a mistake. As an illustration, if the responsibility for your accident is shared equally between you and your employer, then your compensation would be reduced by 50%. It is worth noting that a lot of clients carry some feeling of guilt or responsibility for an accident which was not in fact their fault. If you have been inadequately trained or provided with the wrong tools to perform your job, then the responsibility may lie with your employer. We can investigate what happened and advise you on your options.
What if my colleague caused the accident and could get into trouble?
You may be reluctant to make a claim if you believe a colleague’s actions caused your injuries and you are worried they could be disciplined or lose their job.
We understand this concern. A personal injury claim is primarily about establishing legal responsibility for your injuries and obtaining appropriate compensation, rather than punishing an individual colleague. An accident may have resulted from a genuine mistake, inadequate training, poor supervision or an unsafe system of work. Even where a colleague contributed to what happened, it does not automatically follow that they should be disciplined or dismissed. That said, there may be circumstances in which your employer needs to take formal action, particularly if a colleague’s conduct is putting other people at risk. However, you should not assume that making a claim will inevitably cost them their job. If this is a concern, we can discuss the circumstances with you and agree how to manage this.
Should I delay my accident at work compensation claim?
In a word, no. We understand why you might feel that waiting is the safest option. However, delay can be dangerous and can result in the loss of key evidence, such as CCTV footage and written records, or make it harder to obtain evidence from witnesses. It can also mean you don’t get the treatment or rehabilitation that you need to help with your injuries. In some circumstances, you may have strategic reasons to pause starting your claim, but these should not stop you contacting a solicitor. We can work with you to agree an approach that will meet your strategic aims, while also ensuring you are not undermining your claim or your recovery.
Remember, in England and Wales, the general time limit for bringing a personal injury claim is three years from the date of the accident, read more here. Court proceedings will usually need to be issued within that period to preserve the claim.
Simply contacting a solicitor or notifying your employer of the accident does not, by itself, stop the time limit running. If you are approaching the deadline, you should obtain legal advice urgently.
Can I claim compensation if my employer has gone bust?
If your employer has ceased trading or gone into liquidation, you may still be able to claim compensation for an accident at work. The fact that the business has closed does not necessarily mean that you have lost your right to claim. At LLB Solicitors, we can investigate whether the employer had employers’ liability insurance at the time of your accident and work to trace the relevant insurer. If the insurer can be identified and liability established, we can pursue your claim against them. If your former employer has gone out of business, do not assume that you have nowhere to turn. Contact us to discuss your circumstances and we can advise you on the options available.
Speak to LLB Solicitors in confidence
If you’ve suffered an injury and need a solicitor you can trust, LLB Solicitors is ready to help. We have extensive experience representing people who have suffered serious workplace injuries. Our team combines expertise, experience, and compassion to ensure your claim is handled efficiently and successfully.
Call: 0161 989 9400 or 0800 880 7855, Email: info@llbsolicitors.co.uk or complete our Contact Form and we’ll get back to you for a free, no-obligation discussion about your case.
Read more on our Accidents at Work page.
Written by LLB Solicitors’ personal injury team.