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If you have been injured in an accident at work and are considering your legal options, you may have asked: “Will claiming against my employer create problems?” However, from a legal perspective, you are protected by employment rights that prevent your employer from mistreating or dismissing you for simply making a personal injury claim. In addition, most businesses are required to have Employers’ Liability insurance, which covers the cost of any compensation awarded.
Whether your injury was caused by defective machinery or insufficient training, you may be eligible to claim compensation for the pain, suffering, and financial losses resulting from your employer’s negligent actions. At Advice, we specialise in helping injured workers understand their rights and pursue the compensation they deserve.
Our expert solicitors provide a comprehensive service designed to navigate the complexities of making an accident at work claim. From securing accident reports and training documents to connecting you with workplace-focused rehabilitation services, we prioritise your needs and recovery throughout the claims process.
We are on hand 24 hours a day, 7 days a week, to provide information and advice. You can reach out to us today by:
- Using our live chat to discuss your case.
- Contacting us via our form.
- Phoning 0161 509 2856.
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Jump To A Section
- What Are Workplace Accident Claims Against An Employer?
- Will Claiming Against My Employer Create Problems After An Accident At Work?
- Things To Know If Suing Your Current Employer
- Who Is Responsible For My Workplace Accident
- Who Will Know I Am Making A Claim Against My Employer?
- Could I Be Dismissed For Claiming Against My Employer?
- What Are My Rights If I Am Treated Unfairly After A Claim?
- How Could Employer/Employee Relations Be Affected?
- Calculate Workplace Injury Claims Against Employers
- Who Pays For My Workplace Accident Compensation?
- How Do I Claim Compensation For My Accident?
- No Win No Fee Claims Against Your Current Employer
- More Information
What Are Workplace Accident Claims Against An Employer?
Workplace accident claims against employers are a legal process by which an employee seeks compensation following a workplace injury. Workplace accidents can leave employees with serious and even life-changing injuries. In order to claim against an employer, you need to show 3 things.
- They Owed You A Duty of Care: All employers have a legal duty of care towards their employees under the Health and Safety at Work etc. Act 1974 (HASAWA) to take practical steps to ensure the health, safety, and wellbeing of employees. This includes carrying out regular risk assessments, inspecting machinery to ensure it is fit for purpose, and properly training and equipping staff for tasks.
- The Employer Breached This Duty: Next, you need to show that they failed to fulfil their legal obligations. A breach may occur if an employer provides inadequate training for operating heavy machinery, fails to issue you with role-specific personal protective equipment (PPE), or does not repair damaged flooring or faulty electrics.
- The Breach Caused You Harm: Crucially, the breach identified above must have caused you harm. This can include both physical injuries, such as fractures or spinal damage, and psychological trauma.
The crucial part of any claim is establishing employer negligence. Contact us today to find out how Advice provides expert support to injured workers in gathering the evidence needed to build a strong claim against their employers.
Will Claiming Against My Employer Create Problems After An Accident At Work?
Whilst it is natural to wonder “will claiming against my employer create problems?” after an accident at work, in general, it should not do so. This is because you have the legal right to claim compensation. At the same time, your employer should also have sufficient insurance in place to compensate you for your injuries.
Furthermore, employment laws are designed to protect employees from retaliatory disciplinary action, bullying, or termination. If you are sacked because of your decision to pursue a claim, this may constitute unfair dismissal.
If you are concerned about making a claim, please speak to one of our personal injury solicitors about your case.
Things To Know If Suing Your Current Employer
When suing your current employer, you need to understand your employment rights and legal options. It is important to highlight again that you cannot be dismissed simply for making a claim against your employer for an accident that was not your fault. Protection against unfair dismissal is set out in the Employment Rights Act 1996.
In addition, your employer still has a legal duty to maintain a safe working environment following an accident. You have the right to claim compensation without fear of retaliation from your employer. Furthermore, you may have the right to sick pay, time off to receive medical treatment, and for your employer to provide reasonable adjustments if you are left with a disability.
You can find out more by reading through our guide on how to sue an employer while still employed, or by contacting Advice today.
Who Is Responsible For My Workplace Accident
Your employer will be responsible for your workplace accident if they fail to meet legal health and safety requirements. This obligation is set out in the HASAWA, and employers may be liable if they fail to follow applicable safety standards and processes, such as failing to issue protective equipment.
A solicitor could help you show that your employer was responsible for your accident by collecting evidence showing they did not provide adequate training, supervision, or equipment, or if they failed to address a known hazard.
Even if a colleague contributed to or caused the accident, your employer may still be held vicariously liable for the actions of the employee. The employer may not have provided the right training or equipment to safely carry out the task, or may be responsible through vicarious liability.
A member of our team could provide further guidance on an employer’s responsibility when a worker is injured. Our advisors can also offer a free consultation, so please contact Advice today.
Who Will Know I Am Making A Claim Against My Employer?
There are a few key parties who will need to know you are making a claim against your employer, including their insurance provider, legal representatives, and potential witnesses. In addition, in some instances, health and safety officials and representatives of your local authority may be informed when they need to investigate the incident.
Knowledge of your accident, injuries, and of your claim will be protected by data protection regulations, and only those connected with the incident or who need to know information to allow your claim to progress will be informed of the claim.
We can help you understand your rights and who may be informed of your claim.
Could I Be Dismissed For Claiming Against My Employer?
No, you can not be dismissed for making an accident at work claim against your employer. You have the legal right to bring a claim if your employer was responsible for your accident and resulting injuries. If your employer tries to dismiss you for bringing a claim, you may subsequently take them to an employment tribunal for unfair dismissal.
Our team can help you better understand your legal right to claim.
What Are My Rights If I Am Treated Unfairly After A Claim?
If you are treated unfairly, such as facing dismissal, constructive dismissal, bullying or harassment, after making a claim, you are protected by UK employment laws, such as the Equality Act 2010. You have both a legal right to seek compensation and protection from any retaliation from your employer.
Please contact our team to learn more about your rights if treated unfairly in the workplace or by an employer.
How Could Employer/Employee Relations Be Affected?
In most cases, employer-employee relations should not be affected by personal injury or accident claims. In most cases, claims will be handled by employers’ liability insurance providers rather than by employers themselves. This means that your working relationship with other employees or managers can remain unaffected.
Whilst there may be awkwardness in some instances following the incident, this should not result in you being treated negatively.
Our team is ready to address any questions or concerns you may have about filing a claim against your employer. Please contact us for help and get the clarity you deserve when exploring your legal options.
Calculate Workplace Injury Claims Against Employers
Workplace injury claims against employers are calculated by considering the severity of your physical and psychological injuries, and the financial losses that this harm directly results in. Your pain and suffering fall under a head of claim called general damages, whereas the financial impact of an injury is covered by special damages.
Here at Advice, our solicitors may use the Judicial College Guidelines (JCG) to help estimate the value of your condition. The JCG contains guidelines for compensation for different types of harm, ranging from orthopaedic trauma to internal injuries. While we use some of these below, the top entry is not from the document. None of the figures guarantees the amount of compensation you might receive in a successful workplace accident claim.
Guideline Brackets
- Multiple injuries & special damages – covering lost earnings, medical treatment, and care bills – up to £1,000,000+.
- Very severe brain or head injuries – At top of bracket, claimant will display little to no meaningful response to their environment – £372,570 to £533,720.
- Paraplegia – depression, life expectancy, age, and independence can all impact the final award – £289,420 to £375,540.
- Severe (i) back injuries – incomplete paralysis and significant bowel impairment due to nerve root and spinal cord damage – £120,340 to £212,670.
- Severe (i) neck injuries – leaving the person with an incomplete form of paraplegia – around £195,970.
- Severe (i) most serious leg injuries that fall short of amputation – cases of extensive degloving with gross leg shortening or nonunion fractures – £127,160 to £179,560.
- Arm injuries resulting in substantial, permanent disability – serious forearm fractures impacting 1 or both upper limbs, with the residual disability being cosmetic or functional – £51,750 to £79,080.
- Severe shoulder injuries – involving neck injuries causing significant disability from damage to the brachial plexus – £25,370 to £63,450.
- Moderate foot injuries– permanent deformity due to a displaced fracture of the metatarsal bone – £18,150 to £33,020.
- Moderate toe injuries – Fractures that are relatively straightforward or lacerations impacting 1 or more toes – up to £12,690.
Additional Ways In Which You Could Be Compensated
Additional ways in which you could be compensated include lost earnings and out-of-pocket expenses related to your injuries, such as medical bills or care costs. Special damages can specifically compensate you for:
- Lost income, including both past and future earnings, if your injury prevents you from returning to your old job or finding employment in your specific trade.
- Occupational therapy, physiotherapy, psychological counselling, or out-of-pocket return-to-work programmes.
- Orthopaedic furniture or home adaptations, if the workplace accident has left you with a disabling injury.
- Private medical care, including treatments, surgeries, and prescription medications.
- Travel to medical or legal appointments, including fuel or public transport fares.
- Replacement or repair of damaged personal property, such as hearing aids, glasses, or PPE that was not issued by your employer.
We are on hand to help you understand how claims may be valued, to assess your situation, and discuss any concerns, including answering questions such as “Will claiming against my employer create problems?”
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Who Pays For My Workplace Accident Compensation?
In most cases, your compensation will be paid by your employer’s liability insurance. This is a type of policy that almost all employers in the UK hold. Its purpose is to compensate employees who have been injured or contracted an illness due to the action or inaction of an employer.
This means that in most cases, your compensation will not be paid directly by your employer. The claims process will be conducted by your employer’s insurance company, rather than directly with your employer.
Your employer may make payments for contractual sick pay, depending on the terms of your employment.
You can learn more about who pays your compensation and seek legal advice by contacting our team.
How Do I Claim Compensation For My Accident?
You can support your compensation claim following a workplace accident by seeking immediate medical treatment, reporting the accident to your manager or employer, and obtaining comprehensive legal advice.
Taking the following steps can help to protect your health, preserve evidence, and support your claim:
- Seek medical attention for your injuries. Following an accident, the most important step you can take is to protect your health and wellbeing.
- Report the accident. As soon as it is safe to do so, you should ensure the accident and your injuries are reported to your employer and recorded in the accident report book.
- Collect evidence. This may include copies of the accident report, your relevant medical records, as well as photos and videos of the accident or your injuries.
- Keep ongoing records. Keep a record of how the injury has impacted you, the treatment you have needed, and any financial losses it has caused.
- Speak to a workplace accident claims solicitor. One of our dedicated solicitors could provide individually tailored advice and guidance on whether you could claim and how to do so.
- Claim within the time limit. Under the Limitation Act 1980, claims must typically be brought within 3 years of the date of the accident. There are notable exceptions to this. Read more in our guide to the personal injury claims time limit.
Find out more about how to claim compensation for your accident at work by contacting our dedicated team.
No Win No Fee Claims Against Your Current Employer
You can pursue a claim against your current employer under the terms of a Conditional Fee Agreement (CFA) offered by all the expert solicitors here at Advice. This No Win No Fee arrangement means you do not have to pay for your solicitor’s services in advance. It also provides our clients with peace of mind that they will not pay any service fees during the claim, or if compensation is not awarded.
If you win your claim, your solicitor will charge a success fee. This fee is calculated as a set percentage of your compensation. The percentage is agreed in advance, with details of it being set out in your CFA. This ensures full transparency in your solicitor’s fee structure and that you receive the bulk of your compensation.
Support For Your Workplace Accident Claim
At Advice, we provide tailored support throughout the workplace injury claim process, prioritising both your recovery and the successful outcome of your case. This includes:
- Thoroughly reviewing the circumstances of your accident and how your employer breached their duty of care.
- Connecting you to an independent medical expert for a full assessment of your injury and its long-term impact on quality of life and your ability to work.
- Explaining your employment rights, relevant legal terms, and the workplace legislation applicable to your case.
- Coordinating access to rehabilitative support, including occupational therapy, to help you safely return to work.
- Handling all communications with your employer’s legal representatives to minimise your strain throughout the claims process.
Contact Us
Our team are on hand to assist you 24 hours a day, 7 days a week, so please contact Advice today for help claiming against a current or former employer:
- You can call 0161 509 2856.
- Fill out our quick contact form.
- Use our live chat below.
More Information
Find more information on workplace injury claims in our further guides:
- View our guide to work van accident claims.
- Learn more about accidents caused by fatigue and tiredness.
- Check whether you can claim for an injury caused by unsafe working practices.
References:
- Read this government resource to understand your rights if facing unfair or constructive dismissal by your employer.
- Learn about how to claim Statutory Sick Pay with this government overview.
- Get guidance from the NHS on giving first aid.
If you are still wondering, ‘Will claiming against my employer create problems?’, speak with us today to get clear, straightforward guidance about pursuing compensation for a workplace injury.
