If you were injured in an accident at work and then got fired, presumably because you had to take time off work due to your injuries, you would have a strong case under employment law regulations for unfair dismissal. The only exception would be if you were guilty of gross misconduct at the time of the accident, e.g., you were intoxicated.
As purely personal injury solicitors, Mooneerams don’t deal with employment law matters, but we do work in partnership with very experienced employment law solicitors who will be able to assist you. Call Mooneerams on 029 2048 3615 if you have been sacked for getting injured at work and you would like us to put you in touch with our employment law partners.
Some people who could bring successful accident at work claims against their employers don’t do so because they fear that if they do, their employer will sack them. The fear of being fired for bringing a work-related personal injury claim stops people from suing their employers for compensation.
In reality, few employers would dismiss an employee who has been injured in an accident in the workplace. Employers owe their employees a duty to take reasonable care of their health and safety during the course of their employment. Most take this obligation very seriously, and in the case of an accident at work, whether it is the company’s or the employee’s fault, they will follow the correct procedures, including:
- Ensuring it is properly noted in the accident book – you as the employee can assist your case by ensuring the accident is reported to your employer as soon as possible after the incident occurs.
- Making sure you get the medical attention you need.
- If the accident is serious in accordance with their legal duty, your employers will report the matter to the HSE through RIDDOR.
- They will report the matter to their employer’s liability insurance company. Most businesses in this country must have at least £5 million worth of liability insurance cover. The very reason employer’s liability insurance is compulsory is that it is there to meet the cost of any accident at work claims brought against employers by employees.
If you’ve been injured in an accident at work and are worried about getting fired should you make an employer’s liability claim, remember the following points:
- It’s improbable your employer will even think about firing you. Most bosses will instead be concerned about doing right by you.
- By law, your employer must have employer’s liability insurance. If you bring a claim against your employer for an accident at work that wasn’t your fault, the insurance company will pay out any compensation awarded to you.
- The consequences for your employer would be severe if they were to fire you for bringing a claim against them. Not only are they likely to face an employment tribunal claim, but your accident at work compensation claim will also include a claim for continuing and future loss of earnings.
- If you are worried about claiming because you think you will be singled out for unfair treatment at work by your employer, the same principles apply – you may end up having grounds for bringing an employment law tribunal claim particularly if the employer’s conduct leads to you leaving the company and making a constructive dismissal claim.
You may also have grounds for bringing a claim for bullying or stress. All of this would be in addition to the accident at work claim you have already asked your personal injury to deal with.