If you’ve been injured in an accident at work, you might be worried about your job security. Many employees feel anxious about how their employer will react after an incident, and some even worry 
they could be sacked just for having an accident.
In this guide, we’ll explain your rights if you’ve been sacked, or threatened with the sack after an accident at work. If you’re considering claiming compensation for an injury, you can also find more in-depth guidance in our Accident At Work Claims guide.
If you’d like to speak with somebody now, our claims advisors are generally online 24/7. You can get a free initial consultation where they’ll discuss your situation with you and offer free advice. Should you decide to start a claim, our solicitors may offer to represent you on a No Win No Fee basis.
Please continue reading to learn more about being fired after an accident at work, or call us on 0800 6524 881 if you’d like to speak with an advisor today.
Can I Be Sacked Just For Having An Accident At Work?
It’s natural to feel anxious after an accident at work, especially if you’re worried about how your employer might react. However, it’s important to remember that simply having a genuine accident is not a valid reason for dismissal.
Employers have a duty of care to protect the health and safety of their employees in the UK. This includes investigating accidents properly and learning from them to prevent future incidents. Punishing an employee just for being injured at work could be considered unfair treatment under employment law.
If you’re unsure about your next steps, you can read our guide on what to do after a workplace accident for suggestions on handling the situation.
What Are Your Rights After An Accident At Work?
Under various UK laws such as the Health and Safety at Work etc. Act 1974 and Employment Rights Act 1996 you have the right to:
- Work in a safe environment. Your employer must carry out regular risk assessments and take steps to reduce or remove potential hazards in your workplace.
- Report accidents without fear of punishment. You’re legally entitled to report any accidents or health and safety concerns. The law protects you from being punished for raising genuine issues.
- Seek medical attention following an accident. Your employer should provide access to first aid and allow you to get the medical attention you need.
- Be protected from unfair dismissal. While an employer may dismiss an employee in certain circumstances, they must have a fair reason and follow a proper process. You cannot be lawfully dismissed simply because you were involved in an accident at work.
Your employer is legally required to take your health and safety seriously. If you want to learn more about your employer’s responsibilities, our guide covers these in detail.
When Could Your Employer Legally Sack You?
As mentioned above, while employers should not dismiss somebody simply because of an accident, there are some situations where your employer could legally sack you as long as they follow proper procedures.
A couple of examples are:
Capability Dismissals
If an illness prevents you from doing your job, your employer might consider dismissal on capability grounds. However, they must follow a fair process, including consulting you, considering adjustments, and exploring alternatives first.
Gross Misconduct
If the accident was caused by serious misconduct or negligence that put you or your colleagues at significant risk, your employer may consider this gross misconduct and could have grounds for dismissal without notice. However, they must still follow a fair disciplinary process before making that decision.
If you suspect your accident has influenced your employer’s decision to dismiss you, it’s essential to seek legal advice from a solicitor.
What To Do If Your Employer Threatens To Sack You
If your employer has hinted at dismissal or directly threatened to sack you following an accident at work, try to take the following steps:
- Keep a written record of all conversations and threats.
- Save emails or letters referencing your accident or employment status.
- Seek legal advice promptly to confirm what rights you have.
- Stay calm and continue to follow reasonable workplace procedures.
Please contact our claims advisors if you’d like to discuss what’s happened and what action you can take.
Can I Claim Compensation If I’ve Been Sacked After An Accident At Work?
Even if you’ve been dismissed after an accident at work, you may still be eligible to claim compensation for your injuries and any financial losses. In some cases, you might also have grounds for an unfair dismissal claim, especially if your employer has fired you because of your accident.
It’s important to understand that a personal injury claim is separate from any employment dispute. Whether you were dismissed or left the job voluntarily, you could still have a valid claim, especially if your accident resulted from your employer’s negligence.
Importantly, strict time limits apply to accident at work claims, typically three years from the date of the accident. However, it’s always best to seek legal advice from a personal injury solicitor as soon as possible to avoid missing any important deadlines.
Evidence That Can Help If You’re Sacked After An Accident
Strong evidence can make a real difference to your case. If you’re concerned about being dismissed, try to collect:
- Emails or letters from your employer that mention your accident or your dismissal.
- Meeting notes from any discussions about your job or accident.
- Accident reports filed at the time of the incident.
- Witness statements from colleagues, especially if they heard any threats or saw how your employer responded.
- Medical records showing the extent of your injuries.
- A diary or timeline of conversations or events following the accident.
For expert advice on what evidence will be useful and how to obtain it, please contact our claims advisors today.
No Win No Fee Accident At Work Claims
If you’re considering claiming compensation (even if you’re no longer employed by the same company) our No Win No Fee accident claims solicitors may be able to help. If a claim is viable and it’s taken on, you won’t need to pay upfront legal fees. If your claim succeeds, a pre-agreed percentage from your compensation is deducted. If it doesn’t, you won’t pay for their time.
Speak With Us About Being Fired After An Accident At Work
If you’re worried about being sacked after an accident at work, or if you’ve already been dismissed, we’re here to help.
Simply phone us today for free advice on 0800 6524 881. A specialist will discuss what’s happened and explain your options on a no-obligation basis.
For more information about making a claim, visit our guide or contact us via our live chat to speak with an advisor.