21st August 2019
If I make a personal injury claim against my employer, will I lose my job?
Making a legal claim of any kind against your employer is nerve-wracking, even if you know you're completely justified in doing so. A common question our Personal Injury solicitors are often asked is, "if I make a personal injury claim against my employer, will I lose my job?"
In this blog post, the Sweeney Miller Personal Injury team takes you through the specifics of making a personal injury claim against your employer, the implications it may have, and the rights you have as an employee to work in a safe environment.
I’m planning on making a Personal Injury Claim against my employer… will I lose my job?
Put simply, the answer should be no as a successful personal injury claim against your employer means that they have accepted fault for your accident or injury.
How will my employer react if I choose to make a Personal Injury claim against them?
Unfortunately, choosing to make a Personal Injury claim against your employer can sometimes cause the “atmosphere” at work to turn sour. This can be a disincentive to claim against your employer, especially if you are worried that pressure at work might increase after making the claim.
Still, you are entitled to work in a safe environment. Your employer is bound by the law, which states they must take all reasonable and practical steps to ensure the safety of their employees at work.
Employers should monitor the safety of procedures and systems, as well as machinery and equipment. Risk assessments need to be carried out regularly and potential hazards should be identified and dealt with.
If your employer fails to meet any of these obligations and you are injured as a result, you are entitled to claim for compensation. This may be for your personal injuries, as well as any financial losses incurred because of the injuries.
What is Employer’s Liability Insurance?
Your employer is required by law to have insurance that covers them if you, or any other employee, is injured due to their breach of duty. If your employer doesn’t have this in place, they are committing a criminal offence.
As discussed above, you may be worried that claiming against your employer will result in a difficult working environment, and potential discrimination when you return to work. However, most sensible employers will understand that you are simply looking to obtain reasonable compensation for your losses and should not take it personally.
Typically, your employer’s insurance company will deal with the investigation and your employer will experience very little involvement.
What should I do if my employer sacks me, or if I am forced out?
Some employers do take Personal Injury claims personally and may react emotionally, choosing to treat you coldly at work, making life difficult for you, or even sacking you.
However, it would not be in their best interest to do so. There are several reasons for this, including:
- If your employer sacks you for making a Personal Injury claim against them, you are permitted to claim unfair dismissal. This is because it is against the law to dismiss an employee who is considering – or who has made – a work-based injury or accident claim.
- If your employer makes your working life so miserable that you feel forced to resign, you might also have a case for constructive unfair dismissal.
In both cases, it benefits your employer to be professional and keep their emotions out of the situation. If your employer has breached their duty of care to you and caused injury, you should enquire as to whether you can seek compensation.
Personal Injury Solicitors in Newcastle and Sunderland
You can make a Personal Injury claim against your employer with Sweeney Miller’s expert help and guidance. Our specialist team of personal injury solicitors have a wealth of experience in dealing with this type of action.
We operate on a no-win, no-fee basis and prioritise building a close relationship with you – something that is important during a time when you may be feeling particularly vulnerable.
Want require advice about making this type of claim? Visit our personal injury service page or contact us with the details below.