Claiming Against Your Employer: Put your worries to rest

What is employer negligence?

Causes of workplace accidents often stem from negligence.

Employer negligence occurs when an employer fails to provide a reasonably safe working environment for its employees in line with the Health and Safety at Work Act 1974, such as improper risk assessment and management, poor/lacking safety training, or inadequate PPE supervision. 

This failure can cause accidents at work resulting in employees suffering workplace injuries.

Can I get sacked for an accident at work?

If you've had an accident at work that wasn't your fault, you should not be sacked. 

Dismissal after a work accident that was caused by employer negligence isn't justifiable and is classed as an unfair dismissal. For a reasonable and fair dismissal, your employer must provide a justifiable reason and sufficient evidence that you are to blame for the accident, or that you now require dismissal due to the injury rendering you incapable or unfit to work.

Common workplace accidents where the employer may be liable are:

• Slip and trips - Inadequate warning signs or insufficient lighting.
• Falls from height - Unsuitable equipment, training, or support. 
• Heavy objects - Impact from dropped tools, crushes, or lifting. 
• Machinery - Malfunctions, improper maintenance, or poor condition.
• PPE - Lack of personal protective equipment, or poor quality equipment.
• Chemicals - Insufficient PPE, improper storage/facilities, or labelling problems. 

If you've done your job accordingly and followed procedures, you are within your rights to continue your employment if you're able to. 

That being said, a work-related injury often leads to some amount of time off work. Whether you've been unfairly fired, or off sick for recovery, we can help you claim to cover financial losses. 

Can I make a claim for work injury against my employer even if I still work for them?

Yes, you can claim for an accident at work injury whilst continuing to work for the same employer. 

It can feel daunting as an employee, but if you are hurt or fall ill as a result of your job or workplace, then you're well within your rights to claim the compensation you're entitled to.

You're not being unreasonable. Over 43,700 employer liability and negligence claims are made yearly by people like you who have suffered from a workplace accident and your employer should have insurance in place for this very reason. 

What is employer's liability?

Employers' liability is where an employer is held liable/responsible for employee accidents, injuries, and illnesses caused by their job or working conditions. There is Employers' Liability insurance that any employer must have in place to cover a compensation payout, should an employee have an accident, get injured, or become ill because of the work they do.

If you need to claim compensation for your work injury, your employer should be covered. 

Will claiming against my employer create problems?

You might be worried that claiming against your employer could create problems for you, your colleagues, or the business. There's no need to be - claiming compensation is normal, fair, and the right thing to do.

Does my manager need to be involved? 

There is no legal requirement for you to discuss your claim with your manager or anyone else in the company. The claim is confidential to you and the employer - and you don't even have to talk to them about it. You're colleagues and managers won't know if you don't want them to.

Although, there's also no reason not to be open about the claim. Discussions with a trusted manager, colleague, or employer should support your claim and give you some confidence that you're not in the wrong. You're allowed the compensation you're entitled to; it shouldn't affect your ongoing work-life. 

You're relationships and treatment at work should not alter after claiming a work injury. In the unlikely event that your employer's attitude is negative to the point where you feel you can no longer work for them, you may wish to hand in your resignation and look to claim constructive dismissal.

How does my claim affect my employer?

Loyalty to your employer, company, and colleagues is a fine quality but it could unnecessarily prevent you from receiving the payout you deserve. 

You don't need to worry about your employer. When you make an accident at work claim, it isn't technically filed against the employer - it's made against the employer's liability insurance, not the business itself. Unfortunately, accidents happen, it's a part of life and to be expected. A good employer will handle the accident professionally and have sufficient insurance to prevent any detriment to the business. 

Other than a potentially slightly higher insurance quote next year, the only effect your claim will have on an employer is the need to tighten up their health and safety protocols to improve the workplace and create a safer environment for everyone.

Will a compensation payout affect my benefits?

If you receive benefits from the government like Universal Credit or Housing Benefits, they have been awarded to you after looking at your income, savings, and assets to assess your eligibility. The current savings threshold is large enough to receive some compensation and still get your benefits, however high compensation values of over £6000 can affect the level of benefits you continue to receive.

Does compensation money affect Universal Credit?

Whether or not your compensation lump sum will affect your universal credit payments depends on the amount of compensation you receive. 

Most minor injuries are not typically valued high enough to change your universal credit payments, but severe injury claims receive high-value payouts that may cause a reduction in benefits. Find out what your claim could be valued at with our compensation calculator.

If you're concerned about losing benefits with your compensation, you can set up a Personal Injury (PI) Trust. A PI Trust is an account that can only be accessed when all the trustees agree (a trustee is usually a close relative or friend appointed by yourself). These trusts allow you to receive your injury payment and hold/manage the funds separately so that it isn't counted towards means-tested benefits calculations.

We will direct you to one of our expert personal injury lawyers who can advise and help you set up a PI trust during your claim if recommended. 

What happens if I lose a no-win, no-fee accident at work claim?

Payment-wise, if you lose your claim, there's nothing to pay. Employment-wise, nothing should change.

Once the claim process finishes, whether you won or not, your employer should treat you in the exact same way as before the claim was made. You are the same person, with the same rights, and you're still a valuable employee. 

Your no win, no fee solicitor will be from our panel of experienced accident at work lawyers who will support you every step of the way with your claim journey - including the end. 

How long can you claim for an injury at work?

You have three years to claim for an accident at work.

If you've been injured in a workplace accident that wasn't your fault, it's best to get in touch with us as soon as possible to start the ball rolling.  You have three years from the date you were injured to make your claim. 

How does a work injury claim work?

Firstly, we need to check if you're eligible to claim for your workplace injury. 

We'll start by asking for a few details about the accident and your injuries, answer any of your questions, and guide you through the next steps.

We'll then transfer you to an expert solicitor from our experienced and trusted panel to continue the claims process by your side.

Whether you're ready to claim now or would like some further guidance, call to speak to our friendly and knowledgeable advisors or start your claim today online.