As you may know, if you’re involved in a workplace accident, which was caused by employer negligence you may be able to claim compensation for your injuries. However, many people worry about what their employer will think if they do claim against them. One of the most common questions we’re asked is, “will claiming against my employer create problems?”. Therefore, in this guide, we’ll try to answer that question. We’ll also explain what you could be compensated for and how much you might be paid.
We want to show you that you should not suffer when making an honest workplace accident claim. Therefore, we’ll look at who will know that you are claiming and who will deal with the claim. Furthermore, we’ll explain why your employer is not allowed to treat you any differently because you are claiming. It is important to point out that, under the Employers’ Liability (Compulsory Insurance) Act 1969, all companies with employees need insurance in place to cover claims. Therefore, you should not worry that your claim could affect the company’s finances.
The team at Advice.co.uk are here to help if you would like to discuss your options. We provide free legal advice about making a claim. We also offer a no-obligation telephone consultation to review your case. If your case appears viable, we could connect you with a personal injury lawyer from our panel. To reduce your financial risk, they offer a No Win No Fee service for all accepted claims.
To learn more about claiming against your employer, please read on. Alternatively, call a specialist on 0161 696 9685 today if you’d like to discuss starting a claim.
Select A Section
- A Guide On Will Claiming Against My Employer Create Problems?
- Calculate Workplace Injury Claims Against Employers
- Additional Ways In Which You Could Be Compensated
- What Are Workplace Accident Claims Against An Employer?
- How Could Employer / Employee Relations Be Affected?
- Who Will Know I Am Making A Claim Against My Employer?
- Who Will Settle My Compensation Claim?
- Could I Be Dismissed For Claiming Against My Employer?
- Things To Know If Suing Your Current Employer
- How Do I Claim Compensation For My Accident?
- No Win No Fee Claims Against Your Current Employer
- Contact Us
- Will Claiming Against My Employer Create Problems, What Else Do You Need To Know?
A Guide On Will Claiming Against My Employer Create Problems?
No matter what size of company you work for, your employer will have a duty of care to keep you as safe as possible while at work. That means they need to take measures to assess the workplace and remove any dangers that are found. It would be impossible to make any workplace risk-free, but employers should do all they can to reduce danger. If they fail to make the workplace as safe as they practically can, and you are injured as a result, you could potentially claim compensation to cover your suffering.
That might all seem well and good, but what if you have a good relationship with your employer. Moreover, what if you can’t afford to lose your job for making a compensation claim? Well, the good news is that there are laws in place to protect you. These make it illegal for you to be sacked, treated differently or discriminated against for claiming. It also means your employer should have an insurance policy in place to cover the costs of any claim.
Something you should bear in mind is that workplace accident claims have a time limit. In most cases, the limitation period for making your claim by is 3-years from the date of the accident. However, some claim periods could start at a later date if your injuries weren’t diagnosed right away.
If you are considering calling us to discuss your claim, we won’t contact your employer during our assessment of your case. The only time that will happen is if a personal injury solicitor from our panel is appointed to represent you. Therefore, why not call us today to see what options are available to you?
Calculate Workplace Injury Claims Against Employers
In this section, we are going to take a look at what level of compensation could be paid for certain injuries. It is important to note that every claim is unique which means the figures we supply here are just examples. If you call our team for a free assessment of your case, they should be able to determine a more personal compensation estimate.
In our compensation table below, we’ve included figures for specific injuries from the Judicial College Guidelines (JCG). This is a document that legal professionals like barristers, lawyers and judges will use to help decide upon injuryamounts. If you don’t see your injury in our table, don’t worry as it is just a sample.
|Injury Type||Severity||Compensation||Additional Explanation|
|Neck||Moderate||£23,460 to £36,120||This bracket covers some neck fractures and dislocations. It can also include chronic conditions that involved referred symptoms to other body parts.|
|Back||Minor||To £11,730||A bracket to cover soft tissue injuries which recover fully in around 2-5-years without surgery.|
|Shoulder||Moderate||£7,410 to £11,980||An example of an injury within this category is limited movement and discomfort caused by frozen shoulder which continues for around 2-years.|
|Leg||Moderate||£26,050 to £36,790||Injuries in this category include multiple fractures or complicated fractures usually in one leg.|
|Knee||Moderate||£13,920 to £24,580||Injuries that cause weakness, minor instability or wasting such as torn cartilage or dislocations.|
|Ankle||Modest||Up to £12,900||Covers less serious, undisplaced or minor fractures of the ankle as well as sprains and ligament damage.|
What’s important when making a personal injury claim is that you can demonstrate how you have suffered. That’s why, as part of the claims process, you will be asked to attend a medical assessment. This will be arranged locally.
During the meeting, an independent medical specialist will ask questions about how you’ve suffered. They’ll also read through any medical notes before examining your injuries. Once they’ve completed their assessment, a report will be compiled to show their findings. This will be sent to your solicitor if you have decided to appoint one.
Additional Ways In Which You Could Be Compensated
Now we’re going to move on to look at what else could be included in your claim. These are called special damages and relate to financial losses you’ve sustained because of your injuries. They aim to put you back in the financial position you were before the accident occurred.
While each claim is different, some examples of special damages include:
- Lost earnings. You could include this in your claim if some or all of your income was lost while off work recovering.
- Future lost income. For more serious cases that affect your ability to work for the long-term, you could include future reductions in earnings in your claim. Age, salary and job prospects are factors used to determine this type of claim.
- Home adaptations. If a claimant is left with a disability, changes in and around the home could make coping easier. Therefore, the cost of those changes could be included in your claim.
- Care costs. These might be incurred if you needed support during your recovery. You might need to claim for the cost of a professional carer or the time a loved one spent looking after you.
- Medical expenses. This could cover the cost of prescriptions or over the counter treatments. In some cases, you may need to claim for the cost of private healthcare if the NHS didn’t offer a particular service.
- Travel costs. When you attend a medical appointment, you might have to fork out for parking fees, fuel costs, or public transport costs. Therefore, you could add these losses to your claim.
What Are Workplace Accident Claims Against An Employer?
There is a set of criteria that you’ll need to meet to be able to claim for an accident at work. The things that you will need to show are:
- You were owed a duty of care by your employer (this is almost always the case).
- An accident happened because your employer was negligent.
- You suffered an injury in the accident.
The duty of care owed by employers is set out by the Management of Health and Safety Work Regulations 1999.
Ways in which your employer could be found to be negligent include:
- Not providing adequate safety information.
- Failing to train you properly.
- Not fixing or maintaining damaged or faulty equipment.
- Failing to provide suitable Personal Protective Equipment (PPE).
- Not allowing you to have sufficient rest breaks.
How Could Employer / Employee Relations Be Affected?
By law, your employer cannot cause problems for you if you have made, or are thinking of making, a personal injury claim against them. That means you shouldn’t be unfairly blamed for problems, demoted, given unsavoury tasks or treated differently because you are thinking of claiming.
If you are treated so badly that you think your role has become untenable, causing you to resign, you may well have a case for constructive dismissal. This would be a separate claim to your accident at work case and is covered by different legislation.
You needn’t worry too much about which law applies though. That’s because, if you decide to use a solicitor to pursue your case for you they could use their legal knowledge to ensure all aspects of your claim are covered.
Who Will Know I Am Making A Claim Against My Employer?
In this section, we are going to look at who will be informed about your compensation claim against your employer.
Who will know at the company I work for?
As all workplace accidents have to be recorded in an accident report book, your employer will already know about what happened. When you start a claim, your employer will be contacted, either by you, your lawyer or their insurance company about the claim. That doesn’t mean your colleagues should find out though.
Will my employer’s insurance company be informed?
Yes. Either you, your lawyer or your employer will tell the insurer about the claim. As mentioned earlier, insurance is required by law to cover accident at work claims. When the insurer is told about the claim, they will work with your employer to establish the facts. This will usually involve referring back to the accident report log. Together, the insurer and your employer will decide whether to admit liability for your claim and respond to your lawyer.
Who Will Settle My Compensation Claim?
This question is often asked by those who fear their claim could have an adverse impact on the company they work for. However, as insurance is required to cover these claims, it is the insurance company that will pay any compensation. The amount will not come out of company profits and won’t therefore, have a detrimental effect on the operation of the business.
Most businesses understand their duties and that accidents happen. Any compensation payment made is designed to get you back up and running and should not cause any problems with your continued employment.
Could I Be Dismissed For Claiming Against My Employer?
Legally, you cannot be dismissed just because you are making a compensation claim against your employer. That would constitute unfair dismissal which you could also claim for.
Obviously, if you made a dishonest claim for an injury you didn’t sustain, or an accident that didn’t happen, your employer might have the grounds to terminate your employment.
If you do make a claim for unfair dismissal (or constructive dismissal), you may want to use an employment law solicitor. They could try to achieve an amicable settlement with your employer to avoid the need for an employment tribunal.
Things To Know If Suing Your Current Employer
Here are some important notes that may help if you decide to sue your current employer:
- You are entitled to make a personal injury claim against a company you still work for.
- Whatever type of grievance you have, try to record it in some way. If you are being bullied for claiming, send an email to HR. Or, when an accident at work happens, use the accident report book to record it.
- For employment law cases (unfair dismissal etc), formal complaints may be needed before a tribunal. By doing so, you’ll give the company the opportunity to respond to your complaint and explain their actions formally.
If you would like to know more about your options, please call. Our advisors can help with both personal injury cases and employment law claims. You’ve got nothing to lose by calling as our team provides free legal advice whether you go on to claim or not.
How Do I Claim Compensation For My Accident?
All compensation claims require evidence. You’ll need this to help you prove:
- What happened.
- Who was to blame.
- How you suffered.
The more evidence you can supply, the better. Therefore, if you do get injured at work, we would suggest that you:
- Report the accident so that a record is entered into the accident report book. Later on, a copy can be obtained to help prove dates, times and locations.
- Seek medical attention for your injuries. Medical reports from a GP or hospital could be used as evidence of what injuries you suffered.
- Photograph the scene of the accident as soon as possible. If you can, do this before the cause of the accident is removed or repaired.
- Gather details of any witnesses. Your lawyer may need to contact them at a later date for a statement.
- Ask for copies of any CCTV footage.
- Keep track of any costs you incur as a result of your accident.
Once you have as much evidence as possible, your next step could be to call our free legal advice line. A specialist will go through what happened and take a look at your evidence. If they believe you have a valid case, your claim could be passed to a personal injury lawyer from our panel.
No Win No Fee Claims Against Your Current Employer
After we have answered the question, “Will claiming against my employer create problems?”, the next one we hear is, “How much will legal representation cost me?”. This is something a lot of people worry about. This is where No Win No Fee solicitors come in. That means you could get access to a specialist solicitor with reduced financial risks.
The lawyer will need to check the viability of your claim at the start of the process. If they agree to work for you, you’ll be given a Conditional Fee Agreement (CFA). This document shows you what the solicitor has to do before they get paid for their work. You’ll also be shown that:
- Claims can start immediately as there aren’t any upfront charges.
- Your solicitors’ fees won’t be billed to you during your claim.
- If the claim does not succeed, you won’t have to pay any solicitor’s fees whatsoever.
There is only one reason your solicitor will be paid and that is if you are paid compensation. If that happens, the solicitor’s work will be covered by a success fee. This is a percentage of your compensation that’s listed in the CFA. To ensure overcharging doesn’t take place, success fees are capped by law.
We are nearing the end of this article about dealing with problems created by a workplace accident claim. Hopefully, we’ve answered the common question, “Will claiming against my employer create problems?”. Advice.co.uk is here to help if you’re thinking of making a claim. To let us know what’s happened, you can:
- Call and speak to a friendly specialist on 0161 696 9685.
- Ask for advice in our free online chat tool.
- Complete our contact form and we’ll have a specialist call you when it is convenient.
Our claims line is open 24-hours a day. When you get in touch, a specialist will go through your claim with you (on a no-obligation basis). They’ll explain your options and give free legal advice on how to proceed. If the claim has good grounds, you could have a personal injury solicitor from our panel appointed. Any claim they work on is managed using a No Win No Fee agreement.
Will Claiming Against My Employer Create Problems, What Else Do You Need To Know?
Thank you for making it to the last section of this article. We have tried to answer the question, “Will claiming against my employer create problems?”. Hopefully, you now know your rights and have decided whether to make a claim or not. In this final part of the article, we have provided a few links to some useful resources that might prove helpful.
Dismissal Information – Guidance from Acas on how and when an employer can end your contract.
Worker’s Rights – A list of resources from the Government on your rights in the workplace.
Beat Stress At Work – Details from the NHS about dealing with workplace stress.
To show what other types of claims we could help you make, please take a look at some of our guides below:
Car Accident Claims – Details on when you could claim compensation for injuries sustained in a road traffic accident.
NHS Negligence Claims – A guide about suing the NHS for harm resulting from negligent treatment.
Pothole Accident Claims – If you’ve been injured in an accident involving a pothole, this guide could help.
Please feel free to let us know if there is any additional information we can help you with.
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Published by AL.