The answer, in a word, is “no” – you are not likely to lose your job if you make a claim.
If you have been injured in an accident in the course of your employment due to the fault of your employer, you might be worried that making a personal injury claim could lead to you getting the sack.
Quite apart from the stresses and strains caused by your injury itself, the thought that you might lose your livelihood as well can be a strong off-putting factor in relation to making a compensation claim.
Your concern might be either that your employment will be terminated as the direct result of making your claim or that the “atmosphere” it will create with your employers will be so bad that it will only be a matter of time before you will feel forced to resign because you will not be able to stand the pressure you are under.
What is your employer’s duty to you?
Employers have to take all reasonably practicable steps to ensure the safety of their employees at work. This includes providing you with appropriate training. The safety aspect covers the procedures and systems which apply at work as well as any equipment or machinery you require to use.
Employers have a duty to carry out risk assessments to ensure that they have identified all potential hazards and minimised dangers to the lowest possible level.
If your employer fails in any of these obligations and you are harmed in some way then you have a right to claim for compensation for your personal injuries and any related financial losses.
Employers’ Liability Insurance
It is a legal requirement that all employers must have insurance to cover the risk that an employee is injured due to their breach of duty. This has been the law for decades. It is a criminal offence for an employer to fail to have this type of insurance in place.
If your employer is sensible about it, they will not take it personally that you are making a claim. Instead, they will appreciate that you are simply seeking reasonable compensation for your losses. In the overwhelming majority of cases, the insurers deal with the investigation and handling of the claim themselves and your employer’s involvement will be quite limited.
But what if my employer sacks me or forces me out?
Of course, we cannot guarantee your employer will take a realistic attitude to your claim but there are powerful reasons why such negative behaviour by them could have bad results from their point of view.
Your employer is not permitted to dismiss you because you have made – or are considering – a work-based accident claim. If you are dismissed, you are likely to be able to make a claim for unfair dismissal.
Along the same lines, if they make your life at work intolerable because you are making a claim and you are forced into resigning, there is a good chance you would have a claim for constructive unfair dismissal.
How we can help
If you have a query in connection with a possible claim for a work-related injury, please get in touch with us. All initial enquiries are free of charge and without obligation on your part. We are happy to discuss your options with you and see if there is anything we can do to help you.