I Had an Accident at Work, Can My Employer Sack Me?

After an accident at work that was the fault of your employer, you might ask ‘can they sack me?’. In this guide, we will explore answers to that question. This guide will explain what an accident at work is and how they could occur. 

accident at work can they sack me

My employer caused an accident at work, can they sack me?”

We also examine employer negligence and how this could lead to injuries. Examples are provided, along with some reasonable steps your employer could take to prevent accidents from happening.

You will need to prove your injury was caused by employer negligence in order to claim. We explore what you could do following an accident that could help strengthen your claim. In addition, we will look at examples of potential compensation payouts. This includes examples from the latest edition of the Judicial College Guidelines, which were released in April 2022. 

An accident at work lawyer could make the claims process feel easier if you decide to file for compensation. We discuss No Win No Fee arrangements and how one might be beneficial. 

Our advisors could help answer your question, ‘I’ve been injured in an accident at work, can my employer sack me?’. Furthermore, they may be able to connect you with a lawyer from our panel to work on your claim. 

To get in touch:

  • Start the process of making a claim by requesting a callback
  • Phone us on the number at the top of the screen
  • Use the live chat feature at the bottom of the screen

Choose A Section

  1. Can My Employer Sack Me After An Accident At Work?
  2. What Is The Definition Of A Workplace Accident?
  3. Causes Of Work Accidents
  4. How Much Could I Get For An Accident At Work?
  5. How Does No Win No Fee Work?
  6. More Resources – Can My Employer Sack Me After An Accident At Work?

Can My Employer Sack Me After An Accident At Work?

Your employer owes you a reasonable duty of care under the Health and Safety at Work etc. Act 1974 (HASAWA). This means that they must take reasonably practicable steps to reduce workplace risks to health and safety. 

You might be able to claim compensation if you are injured due to your employer breaching their duty of care. However, you may fear that they could sack you after an accident at work. 

If you have been employed for more than two years, you cannot be sacked for having been injured if your employer was negligent. Furthermore, they cannot create a working environment that makes you feel forced to leave- this is known as “constructive dismissal”.

You could, however, be sacked if your injury resulted from an accident at work that you caused because of poor conduct. If you have been employed for less than 2 years, your employer can dismiss you for any reason as long as it’s not discriminatory, for example, because you’re pregnant or a member of a trade union. 

Our advisors can discuss your rights with you if you were injured due to employer negligence. Get in touch today for free legal advice. 

Figures For Accidents At Work

Workplace injury statistics are collected by the Health and Safety Executive (HSE). This includes the 51,211 non-fatal employee injuries reported under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) in 2020/21. 

Injuries include:

What Is The Definition Of A Workplace Accident?

You might wonder, ‘what are my rights after an accident at work?’. If your employer fails to take reasonably practical steps to reduce workplace risks, then they have breached their duty of care. This duty of care is laid out in the HASAWA. 

Practical steps to reduce the risk of injury could include:

  • Providing free training. Any training required to safely carry out work duties should be provided for free by your employer. 
  • Necessary equipment checks. If you work with machinery, this should be maintained on an appropriate schedule. If one of these maintenance checks is missed, or the results of it aren’t acted upon, then you could claim for injuries you sustain as a result. 
  • Provide personal protective equipment (PPE). Free PPE should be provided by your employer if it is required to safely carry out work duties. This could include providing hard hats for construction workers. Failure to do so could result in a head injury if debris were to fall on top of them. 

Our advisors can discuss the circumstances of your workplace accident and answered the question ‘my employer’s negligence caused an accident at work, can they sack me?’,

Causes Of Work Accidents

In order to claim after an accident at work, you will need to prove employer negligence caused your injuries. Steps you take following a workplace injury could help strengthen a compensation claim; these include: 

  • Seeking medical attention. You should seek medical attention after an accident, even if you think your injuries are quite minor. If your injuries resulted in seven or more days of sickness you may need a ‘fit for work’ note. 
  • Not witness details. You could make a note of any witness’s contact details. They could provide a statement at a later date. 
  • Seek legal advice. Personal injury solicitors could prove beneficial when claiming compensation. They can advise you on what else you could submit as evidence of employer negligence. 

Our advisors can discuss your injuries and potential evidence you can use for your claim. Get in touch today for free legal advice and an answer to the question ‘my employer’s negligence caused an accident at work, can they sack me?. 

How Much Could I Get For An Accident At Work

If you are wondering ‘how much compensation for an accident at work could I receive?’ this next section will provide examples of settlement amounts. However, we can only provide examples of the two heads that could form your claim. 

General Damages

Under general damages, you claim for the pain and suffering caused by your injuries, along with any emotional distress experienced as a result. You may be asked to undergo an independent medical assessment as part of your claim. This is to gain a more accurate understanding of your injuries so that your claim can be valued. 

When valuing your injuries, legal professionals use a document titled the Judicial College Guidelines (JCG). Compensation brackets are listed alongside their associated injuries. The table below contains examples from the 16th edition of the JCG.

InjuryPotential CompensationNotes
Severe foot injuries£41,970 to £70,030Both heels or feet fractured with substantial mobility restrictions or considerable permanent pain. Also includes unusually severe injury to a single foot.
Partial hearing loss and/or tinnitus (i)£29,710 to £45,540Severe tinnitus and noise-induced hearing loss (NIHL).
Moderate injuries to pelvis and hips£26,590 to £39,170No major permanent disability from significant injury.
Less severe elbow injuries£15,650 to £32,010Function impairment but no major surgery or significant disability.
Less severe brain damage£15,320 to £43,060Good recovery, however, some symptoms, such as memory problems will persist.
Serious shoulder injuries£12,770 to £19,200Dislocation plus damage to lower brachial plexus.
Chest injuries (d)£12,590 to £17,960Permanent tissue damage from a simple injury but no significant long-term lung function impact.
Significant facial scarring£9,110 to £30,090A diminished psychological reaction and surgery reduces the worst effects.
Minor back injuries (i)£7,890 to £12,510Full recovery without surgery within 2-5 years.
Moderate psychological damage£5,860 to £19,070Problems in personal relationships and coping with life. However, there's been a marked improvement with a good prognosis.

Special Damages

Under special damages, you could recover any costs related to your injury. To claim this head, evidence, such as receipts, must be provided. 

You could claim:

  • Lost wages. Payslips could be submitted to claim loss of earnings if you’ve been out of work due to your injuries, even if you are part of a work sickness pay scheme or eligible to claim statutory sick pay (SSP). 
  • Medical expenses not covered by the NHS. This could include cosmetic surgery to repair scarring, for example, or device rental. 
  • The cost of travel to and from medical appointments and meetings with your lawyer.
  • Damage to property if, for example, your phone was smashed in the accident in which you were injured.

Our advisors can estimate your potential compensation based on your injuries. Just get in touch with us today to find out more. 

How Does No Win No Fee Work?

Legal representation may make the personal injury claims process feel easier. Also, a solicitor could remove the guessing around your question ‘my employer’s negligence caused an accident at work, can they sack me?’. Traditionally, hiring a solicitor has been expensive. However, there is another way. 

Under a No Win No Fee arrangement you could have legal representation with minimised financial risk. A No Win No Fee arrangement may also be called a Conditional Fee Agreement (CFA). Taken from the award of successful claims is a legally capped success fee. This is paid instead of an upfront solicitors fee. If your claim isn’t successful, then you don’t pay a success fee to your lawyer.  

Ask Us “Can My Employer Sack Me After An Accident At Work?”

Our advisors are standing by 24 hours each day, seven days per week to help start your claim. They offer free legal advice. If employer negligence resulted in your injury and your claim seems eligible they may pass you onto our panel of personal injury solicitors. 

To contact us:

  • Start making a claim by requesting a callback
  • Phone us on the number at the top of the screen
  • Use the live chat feature at the bottom of the screen

More Resources – Can My Employer Sack Me After An Accident At Work?

The following links might be useful for you if you’re wondering “my employer’s negligence caused an accident at work, can they sack me?”

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