You may know that if somebody else who owes you a duty of care, causes an accident in which you are injured, you could pursue a claim for compensation. However, can you sue your employer while still employed? You might think that doing so could cause problems or mean your employer faces financial problems as a result of your claim. However, in this article, we are going to show you why you could be entitled to compensation. And that your employer can’t treat you differently if you sue them.
As we progress, we’ll review the different laws that are in place to protect you. We’ll also look at the duty of care your employer has towards your safety. Additionally, to give you some idea of compensation levels, we’ll provide some example settlement figures. Essentially, if you have been involved in a workplace accident, you shouldn’t be afraid to start a compensation claim for any injuries that you’ve suffered due to your employer failing to protect you.
If you decide that you wish to start a claim, Advice.co.uk can help. Our fully trained specialists will listen to what’s happened and assess your options for free. You’ll also be given free legal advice on what steps you need to take. If the claim appears to be strong enough, we might be able to connect you with a personal injury solicitor from our panel. Should they accept the case, you’ll receive their service on a No Win No Fee basis.
If you would like to know more about starting a workplace accident claim, please read the rest of this guide. However, if you’re already in a position to begin, please contact our team today on 0161 696 9685.
Select A Section
- A Guide On If You Can Sue Your Employer While Still Employed
- How To Calculate Work Accident Injury Compensation
- Special Damages Calculator
- What Is Considered A Work-Related Injury?
- When Can You Sue Your Employer While Still Employed?
- How To Make A Personal Injury Claim Against Your Employer
- Could I Be Dismissed For Making A Claim Against My Employer?
- Advice On Suing An Employer Whilst Still Working For Them
- FAQs On How To Sue Your Employer While Still Employed
- No Win No Fee Injury Claims Against Your Employer While Still Employed
- Discuss Your Case
A Guide On If You Can Sue Your Employer While Still Employed
If you’re injured in a preventable accident at work, you may want to claim compensation but are worried about the consequences. Will you get fired? Will your boss discipline you? Could the company get into financial difficulty because of your claim? In this article, we’re going to try and answer the question, “Can you sue your employer while still employed?”.
In short, the answer is yes you can. That’s because all employers owe their staff a duty of care to try and keep them as safe as possible. If they are negligent, and break that duty of care, you could be entitled to compensation for any injuries. By law, you cannot be treated any differently for starting a compensation claim. If you are, a separate claim for constructive or unfair dismissal might be needed. We should point out that the right to claim is afforded to all employees, not just full-time staff.
During the course of our article, we will look at what could make an employer liable for your injuries. We’ll also look at what you should do in the event of a workplace accident. Finally, we will supply details of how to claim using a No Win No Fee service and how much compensation could be awarded.
In our experience, you may need to take on board legal advice about claiming. Furthermore, you might receive more compensation if you have a personal injury lawyer on your side. At Advice.co.uk, we offer a no-obligation review of any claim where you can discuss how you’ve suffered and the effects of your injuries. We could also partner you with a specialist solicitor from our panel if your claim is strong enough. So, after you have finished reading, why not get in touch with an advisor from our team?
How To Calculate Work Accident Injury Compensation
If you want to know, “Can you sue your employer while still employed?”, your next question might be, “How much compensation could I receive?”. Obviously, we can’t provide personalised estimates until your case has been reviewed by a member of our team. However, in this section, we have provided a compensation table with some example figures. These amounts, called general damages, aim to compensate you for any pain, suffering or loss of amenity that has been caused by your injuries.
The figures we have listed are from the Judicial College Guidelines (JCG). This document is used by legal professionals to help set the level of compensation for different injuries. We have included a few different injuries here. If yours is not listed, don’t worry, we can provide a figure when you contact us.
|£9,990 to £21,700
|Covers multiple or serious fractures of the nasal complex or nose. These will usually require operations and / or result in permanent damage.
|£4,080 to £7,160
|Serious damage or loss of two front teeth.
|£23,460 to £36,120
|Dislocations or fractures of the neck that lead to immediate severe symptoms that could necessitate spinal fusion.
|£36,390 to £65,440
|Fractured discs, disc lesions or soft tissue damage that result in chronic conditions. Even after surgical treatment, disabilities such as pain and discomfort will remain.
|£4,830 to £11,490
|This covers fractured clavicle injuries. The amount awarded depends on the extent of the fracture, residual symptoms and level of disability.
|£90,320 to £127,530
|This category covers the most serious leg injuries which fall just short of requiring amputation.
|This category covers the amputation of the great toe.
When compensation is awarded, the amount paid is based on how severe your injuries were or still are. That’s why, as part of your claim, you will need to have a medical assessment. The appointment will be held locally and conducted by an independent specialist. During your meeting, you will be assessed, and the specialist will ask a series of questions. They may also refer to any medical notes available to them.
Special Damages Calculator
As well as being able to claim for your injuries, you may also be able to claim for any costs you incur as a result of your workplace injury. This is referred to as ‘special damages’. They are designed to put you in the same financial position as you were before the accident took place.
What you can claim is dependent on how you’ve been affected. Here are some examples of what you could claim for:
- Medical Expenses. Even though you will usually get medical treatment free on the NHS, you could still incur costs. For example, prescription fees and the cost of some non-NHS treatments could be claimed back.
- Care Costs. While recovering, you might need a friend or carer to help with daily tasks. If that’s the case, you may be able to ask for the carer’s fees or an amount to cover a friend’s time back.
- Travel-related Costs. There may be occasions where you’re left out of pocket because you’ve had to pay for parking fees or fuel to attend a medical appointment. If that’s the case, these costs could be added to your claim.
- Home Adaptations. Changes to your home may be necessary to help you deal with any disability caused by your accident. It might be possible to claim the cost of such changes back.
- Lost Income. If you aren’t able to work while you recover, you might be able to claim back any lost earnings.
- Future Lost Earnings. If your ability to work is affected by long-term injuries, your income might be reduced. If that’s the case, future loss of earnings might be considered for your claim.
What Is Considered A Work-Related Injury?
There are obviously many different workplace accidents that could occur. For the purposes of this article, we are talking about accidents which:
- Are caused by your employer’s or another employes’ negligence.
- This results in you suffering an injury or illness.
The Health and Safety at Work Act 1974 places a legal duty on employers to secure the health, safety and welfare of staff while at work. That means they need to review the workplace regularly to try and identify hazards. If any dangers are spotted, steps need to be taken to reduce or remove the risks. If the dangers are not removed, and you are injured in an accident as a result, you could be entitled to seek damages.
To clarify, not only do you need to be involved in a workplace accident caused by your employer, but you will also need to prove how you were injured if you want to make a compensation claim.
When Can You Sue Your Employer While Still Employed?
If you meet the criteria set out in the previous section, you could be entitled to start a claim. You should not worry about beginning your claim while you are still employed, because:
- It is illegal to be disciplined or treated differently from doing so.
- Your employer will have insurance in place to cover such a claim.
The Employers’ Liability (Compulsory Insurance) Act 1969 means insurance must be taken out to cover workplace injury claims. Therefore, your employer won’t be put into financial difficulty by your claim. Furthermore, laws are in place that means, if your claim is honest, you cannot be sacked, disciplined or treated differently for starting a claim while you are employed. If you are, a claim for unfair or constructive dismissal might also be possible.
We could help if you believe you have a valid accident at work claim. To start the ball rolling, why not speak with an advisor today? You’ll receive free advice, and your employer won’t be contacted unless you decide to start a claim.
How To Make A Personal Injury Claim Against Your Employer
In any personal injury claim against your employer, you will need evidence to prove:
- How the accident happened.
- When it took place.
- What level of injuries were sustained.
Therefore, if a workplace accident does take place, we advise you to:
- Report the accident. By doing so, a formal accident report should be logged. You are entitled to a copy which will show what happened, who was involved and when the accident took place.
- Photograph the accident scene. When you do, you should try to photograph the cause of the accident before it’s removed.
- Collect witnesses’ details because they may be required to provide a statement at a later date.
- Seek medical attention. When your injuries are treated, they’ll also be documented in your medical records. These can be obtained later on to help show how you suffered.
- Keep photographs of your visible injuries throughout your recovery.
- Record any costs that you incur as a result of your injuries.
- Ask for copies of any CCTV that captured the accident occurring.
The more evidence you can supply, the better. That’s because, when you begin a claim, the first thing that you will need to do is prove liability. Then you’ll have to prove the extent of your injuries. With the evidence listed above, you can make doing so a lot easier.
Once you’ve gathered as much evidence as possible, please get in touch with our team. We’ll consider your claim and look through your evidence. If the claim appears strong enough, we could pass it to a personal injury solicitor from our panel.
Could I Be Dismissed For Making A Claim Against My Employer?
As discussed earlier, it is illegal to be sacked for making an honest workplace injury claim. Your employer is not allowed to treat you differently or dismiss you, for making a claim against them.
Advice On Suing An Employer Whilst Still Working For Them
OK, before we move on, let’s reiterate what to do if you want to sue your employer for injuries sustained at work. Importantly, you must report the accident to your employer. Then we advise you to seek medical attention for your injuries and gather evidence to show what happened.
We’d suggest that taking on legal representation could make the claims process easier. It could also mean you receive the correct level of compensation. If you start your claim with Advice.co.uk, a specialist will review your case with you. They’ll then advise you if there’s anything else you need to do before you begin a claim.
If your case has a reasonable chance of being won, then you could be connected to a solicitor. To reduce your financial risk, they’ll provide their experience and expertise on a No Win No Fee basis.
FAQs On How To Sue Your Employer While Still Employed
We have answered some of the more common questions relating to workplace accidents below:
How to report an accident at work
If you’re involved in a workplace accident you should report it to a manager as soon as possible. An accident report form could be used to help prove when and where the accident took place.
Reporting health and safety concerns to the HSE
By law, employers must report some serious injuries to the Health and Safety Executive (HSE). For more information, please take a look at the Reporting of Diseases and Dangerous Occurrences Regulations (RIDDOR).
Time limits to sue an employer for a workplace injury
In most cases, you’ll have 3-years to make a workplace accident claim from the date of your accident. If your injuries were not diagnosed until a later date, you might be able to start the 3-years from the date of knowledge’. There are other exceptions. Please call for more information.
Employers responsibilities to employees
In general, your employer has a duty to try and keep you safe at work. To do so they need to identify and reduce risks in the workplace. Additionally, they could provide training and adequate protective equipment amongst other things.
No Win No Fee Injury Claims Against Your Employer While Still Employed
Now that we’re nearing the end of this article about claiming for an accident at work while still employed, we’re going to show you how your solicitor could be funded. We know that the costs involved with hiring a solicitor might be off-putting. That’s why our panel of personal injury solicitors work on a No Win No Fee basis when they accept a claim. If your case is taken on, you’ll benefit from expert legal representation but with lower financial risks.
At the start of your case, your solicitor will check its chances of success. If they are willing to take your claim forwards, you’ll receive a Conditional Fee Agreement (CFA). Within the pages of the CFA, you’ll find out how your case will be handled and what has to happen before your solicitor is paid. Also, the CFA will show you that:
- You won’t be asked to make an upfront payment.
- The solicitor will not bill their fees to you during the claim.
- You won’t have to cover any solicitor’s fees if the case fails.
The only circumstance in which the solicitor’s fees will be paid is if they win compensation for you. If that happens, they will keep a percentage of your compensation called a success fee. Your success fee will be detailed in the CFA so it’s clear before you agree to work with the lawyer. Also, laws are in place to cap success fees.
Discuss Your Case
So, now that we have answered the question, “Can you sue your employer while still employed?”, you may wish to begin a claim. If that’s true, and you’d like us to help you begin, here are the best ways to get in touch:
- Call 0161 696 9685 to speak to a specialist member of our team.
- Request a call back at a convenient time by completing our enquiry form.
- Use live chat to connect to one of our advisors.
You can contact us 24-hours a day, 7-days a week. When you do, we will try to keep things as straightforward as possible. A member of our team will listen to what’s happened and review your evidence in a free telephone consultation. They will supply free advice on what your options are too. Should your claim appear to be feasible, they could connect you with a solicitor. If your claim is taken on, the personal injury solicitor will represent you on a No Win No Fee basis. So that we don’t offer false hope, our advisors will always be open about how likely you are to be compensated.
In this article, we’ve tried to provide an answer to the question, “Can you sue your employer while still employed?”. In this last section, we have listed some useful resources which may help you if you decide to go on and claim. Please remember, if you need free legal advice about claiming, our team can help so please get in touch.
Acas – An independent body that can provide advice to employees and employers on workplace rights and rules.
Protecting Home Workers – Information supplied by the Health and Safety Executive about home worker rights.
Find NHS Services – This site might prove useful if you need to write to a GP or hospital to request medical records.
Below, you can find links to lots more guides on accidents at work:
- Accidents at work FAQ
- How to make an accident at work claim
- Agency worker accident claims
- How to make a claim if injured as a temporary worker
- I hurt myself at work, can I make a claim?
- How to prove an injury at work
- Will claiming against my employer create problems?
- Advice on claims if injured working for cash
- Do I need accident at work solicitors near me?
- Employers’ responsibilities after an accident at work
- What happens if an employee does not report an accident or injury at work?
- How long after an accident at work do you have to claim?
- Do I need a lawyer if I get an injury at work?
- New employee had an accident at work – can they claim?
- I had an accident at work, what are my employers’ responsibilities?
- I didn’t take time off work after an accident, can I still claim?
- Who pays my work injury medical expenses?
- How to claim for a work accident
- What to do if I injured myself at work?
- Workplace accident claim time limits
- Accidents caused by tiredness and fatigue
- Can you be fired for a work-related accident?
- Foot injuries caused by a lack of safety books
- Could I make a workplace injury claim if I’m not an employee?
- Tendon injury at work claims
- Can you claim for an accident at work if you suffered no injury?
- How to claim for an injury at work when self-employed
- Can I claim if assaulted at work?
- Can I be sacked for having an accident at work?
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