Having an accident at work can be quite a traumatic event. It could lead to a lot of pain and suffering and could result in you losing money if your injuries prevent you from working. Fortunately, if you have an accident at work because your employer was negligent, you could be eligible to claim compensation for both your pain and any financial losses. However, what can you do if you’ve been dismissed after an accident at work? Well, legally, you can’t be sacked simply because you had an accident at work so. Therefore, we’ll explain what your legal options might be and show you how to sue your employer for your suffering.
We provide a free consultation to anybody who’s been hurt at work and is interested in making a claim. Our advisors will review your claim and offer free legal advice about your options. If it looks like you should be compensated a) because you were injured at work or b) because you were dismissed as a result, we’ll partner you with one of our specialist solicitors. There won’t be any upfront legal fees payable if your claim is accepted because our solicitors offer a No Win No Fee service.
Please call today on 0800 6524 881 to discuss your options or continue reading to learn more about your rights if you’ve been dismissed after an accident at work.
Table of contents
- Your Employer’s Legal Responsibilities – Duty Of Care
- Eligibility Criteria For Claiming Compensation For A Work Accident
- Types Of Accident At Work Claims
- What To Do After A Work Accident
- What Compensation Could I Be Entitled To Claim For?
- How Long Do I Have To Start A Claim For Unfair Dismissal?
- How Long Do I Have To Start A Claim For Personal Injury?
- Dismissed After An Accident At Work – Start A Claim
In the UK, many laws exist that means an employer must do all they can to try and make the workplace as safe as possible. The most common laws you’ve probably heard of include the Health and Safety at Work Act 1974 and the Management of Health and Safety at Work Regulations 1999.
These laws, along with others, mean that employers should:
- Check the workplace for risks regularly and try to remove any dangers.
- Make sure work equipment is well maintained and fit for purpose.
- Train staff on safety procedures.
- Provide adequate Personal Protective Equipment (PPE) where required.
- Record accidents at work and report them to the Health and Safety Executive where required.
These aren’t desirable tasks, they form part of your employer’s legal duty of care. Failure to carry them out might allow you to sue for being hurt at work.
If you speak with one of our workplace accident solicitors, they’ll try to ascertain whether:
- Your employer breached their duty of care through an act of negligence; and
- An accident occurred as a result; and
- You were injured during that accident.
If all of the above is true in your case, you could claim compensation for your suffering.
As mentioned, employment laws in the UK are there to protect you from any negative action based on the fact that you’ve had an accident at work or because you’re claiming compensation for one.
Legally, your employer cannot fire you for being injured at work or starting a claim (so long as it’s an honest claim). Additionally, you can’t be demoted, picked on, bullied or harassed, stopped from applying for promotion or denied training opportunities just because of your accident or claim.
If any of the above were to happen, you could start separate legal action to cover for unfair or constructive dismissal. Therefore, don’t feel threatened by your employer if you do have an accident at work. You are well within your rights to seek legal advice about your options if the accident resulted from your employer’s negligence.
Effectively, any accident at work caused by employer negligence could result in a personal injury claim. Some typical examples include:
- Slips, trips and falls caused by spillages or leaks that were not cleared up swiftly.
- Falls from height caused by damaged ladders, poorly erected scaffolding or a lack of a safety harness.
- Chemical burns because the employer failed to provide suitable PPE.
- Items falling onto an employee because some stock had been stacked incorrectly or due to damaged racking/shelving.
- Physical assaults at work by colleagues or customers because of a lack of supervision in the workplace.
- Industrial injury/diseases caused by a lack of ventilation or proper rest breaks.
Some of the most common workplace injuries claimed for include:
- Head injuries.
- Spinal injuries.
- Broken bones.
- Amputated limbs.
- Cuts, bruises and lacerations.
- Industrial illnesses.
- Repetitive Strain Injuries (RSI).
- Psychological damage.
- Whiplash and other driving-related injuries.
- Soft tissue injuries (torn or strained muscles for example).
If you believe you should be compensated for an accident at work, please speak to one of our specialists for free legal advice today.
There are various things that you should do after a work accident that could protect you from disciplinary action and help if you decide to seek damages for your injuries. If you’re involved in an accident at work, you should:
- Report the accident. This may be a contractual requirement but it will also mean you have an accident report form that will prove when and where your accident occurred.
- Seek medical treatment. Do not rely just on first aid treatment. A trip to the hospital will ensure your injuries are assessed and treated properly. Furthermore, your medical records will help to prove the extent of your records.
- Take photographs. If you can do so safely, you should take pictures of the accident scene as soon as possible. If you can, try to record the cause of the accident before it’s replaced or removed.
- Speak to colleagues. If your work accident was seen by others, ask for their contact details. If your employer denies liability for your accident in a subsequent claim, witness statements could help to confirm your allegations.
- Ask for CCTV footage. You are legally allowed to ask your employer to release any footage of your accident captured by security cameras. As this data is only usually stored for a few weeks, you should act quickly here. Remember, though, you cannot be dismissed for asking for this footage.
When you call our team for an initial consultation, we’ll discuss why you were dismissed and review any evidence you’ve managed to secure so far and pass it to your solicitor if the claim proceeds.
The general damages element of a workplace injury claim is used to cover any suffering you’ve endured following the accident. Additionally, special damages can be claimed to cover any associated costs.
If your claim is won, you might be compensated for:
- Physical pain and suffering.
- Loss of amenity (the negative impact on your hobbies and usual activities).
- The cost of a professional carer or the time a loved one spent supporting you.
- Physiotherapy and other private medical costs.
- Psychological injuries (anxiety, depression, distress etc).
- Fuel and transport costs associated with your treatment for your injuries.
- Replacement costs for personal items damaged in your accident.
- Loss of income (as well as future losses for longer-term injuries).
- Home adaptations if they’ll help you to deal with a long-term injury or disability.
Our solicitors will always work with you to try and fully understand how you’ve suffered. Importantly, they will handle all communication with your employer or their insurer so you won’t have to deal with them yourself. If they try to bypass your solicitor, this could be seen as harassment and may need to be dealt with separately.
Our compensation calculator for general damages should give you some idea of how much could be awarded in compensation for your injuries:
These figures are guideline amounts as each claim is unique. As part of the claims process, you will need to have any injuries assessed independently by a medical expert. They’ll discuss how those injuries have affected you and prepare a report detailing your prognosis. This report will be used by your solicitor to determine the level of compensation you may go on to claim.
If you’ve been wrongly dismissed following an accident at work, and you’re going to make an unfair dismissal claim you’ll need to claim within 3-months of your dismissal date. However, before you have the right to bring an unfair dismissal claim before a tribunal, you must have worked for your employer for a minimum amount of time. Currently, the qualifying period is as follows:
If you are an employee and began your job:
- Before April 6, 2012, the qualifying period is typically one year.
- On or after April 6, 2012, the qualifying period is typically two years.
With regards to a personal injury claim relating to the accident, you have a 3-year time limit. This will either begin from when you were injured or from the date your illness or injury was diagnosed.
Please call us on 0800 6524 881 if you have been dismissed after an accident at work and would like to claim compensation for your injuries. We’ll explain your legal rights over the phone and connect you with one of our solicitors if a claim is viable.
If a solicitor agrees to represent you, the claim will be managed on a No Win No Fee basis. That means your solicitor’s legal fees (set as a percentage) will only be payable if your claim is successful.
If you’d like to talk to somebody right away after being dismissed after an accident at work, please connect to our live chat service.