I Had An Injury During My Probation Period, Could I Make A Claim?

You may already know that if your employer is at fault for an accident at work, and you are injured, you could claim compensation. But, if you suffer an injury during your probation period, could you still make a claim? What would your rights be, and how could you get a lawyer to help you claim without paying them upfront? We have created this guide to answer the question ‘if I suffer an injury during my probation period, could I claim compensation?’.

Injured during probation period compensation claims guide

Injured during probation period compensation claims guide

Below, we explain what rights you have during your probation period. We also explore your employer’s responsibilities towards you and how they should protect your safety and health at work. In addition to this, we also look at how to calculate compensation payouts for such claims. Also, what type of damages you could claim. If you’re looking for free legal advice over the phone we’d be happy to help. Simply call the team at any time on 0161 696 9685.

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A Guide On Claims For An Injury During My Probation Period

‘I had an injury during my probation period – can I claim compensation?’. Firstly, the answer would depend on how the accident occurred and whether you were at fault for it. If, for example, you were acting dangerously or irresponsibly, and you were injured at work, you will not be able to claim. However, suppose your employer fails to protect your health and safety and an accident causes you an injury. In that case, you could be eligible to claim. Whatever the length of your probationary period, you still have some rights at work. One of these is for your employer to protect your safety and health at work.

This guide explores the rights of workers during their probationary period. Below, we explore how probationary workers could be at risk of harm during their probation period if their employer does not protect them while they are at work. We explore what types of accident could lead to a claim. In addition, how to go about reporting your accident and making a personal injury claim for compensation.

Calculating Compensation For A Work Accident During A Probation Period

If you believe you could have a personal injury claim against your employer, you might want to know how to calculate compensation amounts for your injuries. You might even be looking for a personal injury claims calculator to give you such information. However, we believe the below table offers a better alternative. The table contains figures from the Judicial College Guidelines. This is a publication that solicitors could use to determine appropriate compensation payouts for your suffering. Please note this table only covers one part of the compensation settlement. It does not include any financial implications. If we have not included your injury below, please do not hesitate to call us. We would be happy to advise on other types of injury over the phone.

InjuryCompensation BracketNotes
Moderate Brain Damage (ii)£85,150 - £140,870In cases where there is a modest to moderate deficit to intellect. The person's ability to work would be removed or greatly reduced, and there would be some risk of the development of epilepsy.
Minor eye injuries£3,710 - £8,200Exposure to smoke and fumes, being struck or splashed by liquid could be included here. The injury would cause some initial pain and vision interference.
Loss of hearing in one ear£29,380 - £42,730If there are issues such as headaches, tinnitus or dizziness, awards could be nearer the top end of this bracket.
Hernia£13,970 - £22,680There would be continuing pain, and an effect on the person's ability to perform sport or work activities.
Minor neck injuries£2,300 - £4,080Full recovery would take place within 3 months to 1 year.
Minor back injury£7,410 - £11,730No surgery would be required and a full recovery effected within 2-5 years. Some nuisance level symptoms could remain.
Serious hand injuries£27,220 - £58,100The hand's function would be reduced by almost half.
Moderate leg injuries£26,050 - £36,790Multiple fractures or complex fractures to one limb. Awards would be calculated based on the extent of treatment, the impact on the person's employment, any muscle wasting and knee instability.

How Do I Evidence An Injury During My Probation Period?

As part of any personal injury claim, you would need medical evidence. You would need to attend a medical appointment with an independent expert. The expert would review your notes, ask you questions and examine you. They would produce a report that you could use to evidence your injuries and give their professional opinion on your prognosis.

What Are Special Damages?

Many people who ask the question ‘I sustained an injury during my probation period, could I claim?’ may also wish to know what kinds of damages they could claim for. Usually, personal injury claims include general damages and special damages.

General Damages

General damages compensate victims of personal injury for the non-pecuniary damages they’ve suffered. These damages do not have a quantifiable value, as they relate to the pain and suffering of your injuries, as well as any loss of amenity. The amounts in the table above are examples of general damages compensation amounts.

Special Damages

These damages relate to the quantifiable financial (pecuniary) costs of an injury. They could include:

Care Costs

Some injuries could leave victims unable to look after themselves for a time. They may require someone to help them with washing and dressing, for example. You could claim the costs for such care as special damages.

Loss of Earnings

Some injuries could necessitate an injured party taking time off work. If they lose out on income, they could claim such losses, which could include overtime and bonuses, if applicable.

Medical Costs

Have you paid out for physiotherapy, mobility aids or prescription costs, for example? If so, you could include such costs within your claim.

Travel Expenses

Trips to the hospital, or to visit your lawyer could see you paying travel costs. You could recover these through special damages.

Workplace Accident During Your Probation Period?

When you begin a new job, you may be ‘on probation’ for some time to assess your suitability for the role. Your employer would advise you of how long the probation period is. At the end of the period, you could expect the terms of your contract to be the same as any other employee. However what happens if you suffer an injury at work during your probation period? If the workplace accident you were injured in was your employer’s fault, you may be able to make a personal injury claim against them.

I Had An Injury During My Probation Period – How Do I Know If I Could Claim?

To claim compensation for a work injury, you would need to evidence that:

  • Your employee had a duty of care towards you as a probationary employee
  • They breached their duty of care
  • You suffered a probation period injury because of the breach of duty of care
  • You were launching your claim within the applicable personal injury claims time limit. The limit is usually 3 yrs from the accident date, but some exceptions could apply.

If you’re unsure whether you could claim for an accident at work that happened within your probation period, we could provide free legal advice over the phone. We’d be happy to help you.

What Are Accidents At Work?

According to the HSE, an accident at work is an identifiable incident that causes a physical injury to someone. This includes acts of violence at work that are not consensual. You could consider an accident work-related if the following plays a significant role in the accident:

  • The way in which work is carried out
  • Any machinery, equipment or substances required for the work
  • The site or premises’ condition where an accident occurs

Your employer has a legal obligation to protect your safety and health at work under the Health and Safety at Work etc. Act 1974. No matter whether you have been put on probation at work or you have been working for your employer for years, this duty remains. They should take steps to ensure:

  • You are trained to do your job safely
  • The place of work is safe for you to work in
  • They risk assess your job and the workplace and act on the findings to reduce risk

What Kinds Of Accidents Could Cause An Injury During My Probation Period?

Examples of some types of a workplace accident that could lead to a claim could include:

  • A lifting injury because you have not received manual handling training
  • A slip on a spillage that was not cleared up or signposted as a hazard
  • Burns from a piece of machinery that has not been maintained to a safe standard
  • A crush injury due to a missing safety guard on a machine

These are just a few examples. If you would like to know whether your injury could lead to a claim, please call our team today for free legal advice.

Probationary Periods, What Are They?

A probationary period is a period (commonly three months, but this could vary) where your employer assesses your suitability for the role you’re undertaking. If your employer believes you cannot satisfy the requirements of the job at the end of the period, they could end your employment without fear of facing a case for unfair dismissal. Alternatively, they could consider extending the probation period to assess your suitability further.

I Had An Injury During My Probation Period – Are My Rights Different Than Other Employees?

If you have an accident during your probation period, you would have the same rights when it comes to claiming compensation as any other employee.

Fair And Unfair Dismissal During A Probationary Period

We should start this section by letting you know that your employer cannot fire you for a workplace accident that is their fault. You can also not be dismissed because you made an accident at work claim. However, while on a probation period the contract may state less favourable terms than those who are not on a probation period. You may be dismissed during this time due to performance.

Employee Rights During Probation Periods

If you’re wondering about employee rights during a probation period, then we should re-iterate that you have statutory rights that apply right from the first day you begin working for them. Your contract could, however, give you less favourable terms until the completion of the probation period. These could include:

  • A shorter period of notice (this would be for you and your employer. If you’re wondering is a probationary employee entitled to leave without notice, you’d have to check your contract.)
  • May not include private medical care entitlement
  • Also, death in service benefits may not be included

Employment rights include:

  • A right to minimum wage
  • The applicability of the working time directive
  • The right to holiday pay
  • A right to rest breaks
  • Protection from unlawful deductions from wages
  • Whistleblowing protection
  • Protection from unlawful discrimination

If you believe your employer has breached your statutory rights, we would urge you to call us for free legal advice. We could assist with advice on unfair treatment at work claims too.

Injury During My Probation Period FAQs

Can You Be Fired For Being Sick On Probation?

If you are sick persistently during the course of your probation period, there is a possibility that your employer could dismiss you.

Do I Get Paid If I Get Injured At Work?

You should be able to get sick pay if you have to take time off work due to illness or injury. Depending on your contract, this may be SSP or it may be at your contractual rate. If you lose out on income due to a work-related injury, you could claim for loss of income within a personal injury claim.

Can You Be Fired During A Probation Period?

One of the probationary employment benefits for employers is that they could let you go with a shorter period of notice if your work was not satisfactory.

What Happens If You Can’t Work Due To Injury?

If you cannot work due to injury, you should inform your employer right away. You can usually self-certificate an absence, but if your inability to work lasts for more than 7 days, you would need to provide your employer with a ‘fit note’. You are eligible for statutory sick pay if:

  • You’re an employee and have completed some work for your employer
  • Earn on average, £120 per week or more
  • Have been ill for at least 4 days in a row

No Win No Fee Claims For An Injury During My Probation Period

If you had an accident at work during your probation period, you might be looking for a solicitor to help you make a claim. If you are, you may be pleased to learn that you could make a claim with a No Win No Fee solicitor. This means that you would not pay your injury solicitor until your claim finishes, and the liable party pays your compensation.

How Do No Win No Fee Agreements Work?

The process generally works as follows:

  1. Your law firm would send you a No Win No Fee Agreement. They would ask you to read the agreement carefully and agree to the terms within it by signing and returning it. The agreement would mention a success fee. This is a legally capped fee based on a small percentage of your compensation payout. You would only pay the fee if your solicitor secures a payout for you.
  2. Once you send back the signed agreement, your solicitor would begin working on your claim. They would collect evidence and begin to negotiate a settlement for you.
  3. When the liable party pays your compensation settlement, your solicitor deducts the success fee, and the rest of the payout is for your benefit.

What Happens If I Was Injured During My Probation Period, But My Claim Is Unsuccessful?

If your claim for being injured at work during your probation period is unsuccessful, you will not pay the success fee mentioned in the agreement. You won’t have to pay your solicitor’s costs that arise while they are pursuing your claim, either. Would you like more detailed information about No Win No Fee solicitors? If so, why not read our dedicated guide? Or, if you prefer, why not call our team? As well as offering free legal advice, we could connect you with a No Win No Fee personal injury solicitor who could help you.

Talk To An Expert

Hopefully, we’ve answered the question, ‘I was injured during my probation period, could I claim?’ to your satisfaction. If you have any questions or would like to benefit from free legal advice from our advisors, we’d be glad to help. We could even put you in touch with a personal injury solicitor to assist you. To get in touch, you could:

Resources

I Was Partially At Fault – If you were partially at fault for a workplace accident, this guide explains how you could still claim compensation.

General Advice On Workplace Accidents – Here, you can find out more about workplace accidents, how they could occur and how compensation amounts are calculated.

Slip Trip Fall Claims – Slips, trips and falls are common causes of workplace accidents. Find out more about how to claim for such an accident.

HSE Information – There is a wealth of information on the HSE website regarding safety at work.

Examples Of Reportable Accidents – Here, you can find out what accidents you should report.

Employees’ Rights – You can find out what rights you have if you are on a fixed-term contract on the government’s website.

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Published by AL.