27 Oct 2022

Should I be Worried About Making a Claim Against my Employer?

When you have an accident at work that wasn’t your fault, immediately a misguided sense of worry sets in about the potential for making a claim against your employer.

A natural feeling, it shouldn’t deter you from pursuing a claim if an injury is set to impact your future. If the company is at fault for the accident – in terms of negligence – they should be held to account.

A duty of care

Your employer has what is called a duty of care to their employees to provide a safe working environment that mitigates the potential for injuries in the workplace. This duty is enshrined in law by the Health and Safety regulations imposed by the government. This is transferred into the workplace in a range of ways, including:

  • Appropriate and relevant safety equipment within the setting that mitigates potential issues and dangers, and allows for safe usage of hazardous machinery and tools
  • The provision of training to ensure safe working for all employees
  • Risk assessment of workplace areas, identifying and mitigating sections that may result in injury in the workplace.

If your employer hasn’t provided these, they may be accountable and liable if you sustain an injury while at work.

Where would my compensation come from?

Many assume the compensation for a workplace accident, due to the negligence of a company, would come from the employer. This is wrong.

The compensation is provided by the insurance firm that provides their employers’ liability policy. A level of cover designed specifically for events like an injury at work, in the event of compensation being awarded would come from them.

That means your employer is not adversely affected financially by the incident, other than to update or amend workplace structures, equipment, and/or policies depending on the nature of the accident.

Can my employer sack me for making a claim?

If your employer sacked you for making a claim for compensation following a non-fault accident at work, and you have worked for the company for more than a year (or two years if you started after April 2012), you could be eligible to lodge a claim for unfair dismissal. Your employer doesn’t have the right to sack you for bringing a personal injury compensation claim against them.

Who will find out about my claim?

The short answer to this is your employer and their insurance provider. They are the two main parties who will seek to gather all relevant information in relation to the accident so they can ascertain if the company is liable or not.

Once you instruct a solicitor to act on your behalf, they too will get detailed and in-depth knowledge of the incident so they can provide the best possible support for your unique circumstances.

If you’d like more information about accidents at work and how our diligent, dedicated, and experienced team of legal advisors can support your claim on a no win no fee basis, click here to read more information and call us today.

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