The answer to this question is not completely definitive but the answer is generally ‘no’. This is because your employer has a duty by law to ensure that they provide their employees with a safe environment to work in, to the best of their ability. This incorporates health and safety training and appropriate safety measures such as protective clothing and a well maintained work place. Therefore, if your employer fires you on the basis of you making an accident at work claim you are going to have an extremely strong basis to make an unfair dismissal claim. In fact, if you are not fired from your job but your employer makes you feel so uncomfortable about your claim you decide to hand in your notice you will also have grounds to make a constructive dismissal claim. Therefore, it is highly unlikely your employer will dismiss you due to your work accident claim.
If you make an accident at work claim you are completely within your legal rights to do so as someone else (your employer) has acted negligently and is responsible for the pain and suffering you have been through. Therefore they should compensate you for what you have been through. When you are making a claim of this kind, it is extremely unlikely your employer would ever take it personally. All firms are highly aware of the danger of employees making an accident at work claim as they are required by law to take out insurance to cover them in the instance that an employee does make an accident at work claim against them. This type of insurance will mean that the company is covered for the cost of the claim you are making and will likely not even have to be involved with the claims process itself, with the insurer taking care of it for them. Furthermore, when you make a claim it may highlight an area of the company’s health and safety policy which needs updating. Many companies will take this on board and make the appropriate changes so no other employee has to go through what you’ve been through.
Your employee rights differ slightly depending on how long you have worked for a company. To get a full picture of the position you are in you should contact a specialist work injury solicitor to talk through your claim. Getting legal advice is not as daunting as it sounds as many firms will offer you a free initial consultation so you can find out if you have basis for a work injury claim and talk through your options should you decide to instruct them.
Contact Us
All initial enquiries regarding accident at work claims are completely free with Freeman Harris. Call us on 020 7231 7150 or fill in an online enquiry.
