In this guide, we’ll discuss if you can be sacked after an accident at work occurs. We’ll also explore the rights you have as an employee and the duty of care your employer owes you in the workplace as outlined in the Health and Safety at Work etc. Act 1974 (HASAWA).
Can I get sacked for an accident at work?
Additionally, this guide will look at the ways in which you could be injured at work and the different types of accidents that could occur. We’ll also look at the steps you could take after a workplace accident, including seeking legal advice to determine whether you’re eligible to make a personal injury claim.
Furthermore, this guide will discuss the different types of compensation that could be awarded as part of your settlement if you make a successful claim.
If you have any questions about the personal injury claims process after reading, you can get in touch with our advisors. They are available 24/7 to provide free legal advice. To reach them, you can:
- Call on 0113 460 1216
- Contact us via our online form
- Chat with one of our advisors by using our live chat feature below.
Choose A Section
- Can I Get Sacked For An Accident At Work?
- When Are You Eligible To Claim For Accident At Work Compensation?
- How To Make A Work Injury Claim – What Evidence Could You Collect?
- Potential Compensation From An Accident At Work Claim
- Why Make A Work Injury Claim On A No Win No Fee Basis?
- Learn More About Whether You Can Get Sacked For An Accident At Work
Can I Get Sacked For An Accident At Work?
Employers owe their employees a duty of care to take reasonable steps as a way to reduce the risk of them experiencing harm in the workplace or while performing work-related duties. This is outlined in Section 2 of HASAWA. Additionally, Section 7 of HASAWA outlines the responsibilities employees have towards their own health and safety in the workplace.
If an employer fails to uphold their duty of care, it could cause an employee to experience harm as a result. This is known as negligence. If negligence occurred, you may be able to seek compensation by making a personal injury claim.
However, it’s important to note that not all accidents at work are caused by an employer breaching their duty of care. As such, not all incidents in which harm has been sustained in the workplace will form the basis of a valid claim.
Furthermore, if you have failed to uphold your own responsibilities as per Section 7 of HASAWA and this causes an accident at work, you will not be able to seek compensation. In this instance, your employer may be able to dismiss you.
For more information on whether you can be sacked for an accident at work, get in touch with our advisors on the number above.
When Are You Eligible To Claim For Accident At Work Compensation?
You must be able to demonstrate that employer negligence occurred in order to seek accident at work compensation. There are several ways an employer could breach their duty of care resulting in you experiencing harm, such as:
- An employer fails to ensure the workplace machinery is regularly maintained and safe to use for it’s intended purpose. As a result, an employee sustains a knee injury after a piece of equipment falls on them.
- An employee doesn’t receive sufficient manual handling training Insufficient training resulting in them sustaining a soft tissue injury to the back after lifting heavy equipment incorrectly.
For more information on whether you can claim for an accident at work, get in touch on the number above.
How To Make A Work Injury Claim – What Evidence Could You Collect?
As part of the claims process, you should collect evidence to prove that your injury was caused by employer negligence. Below are some types of evidence you can gather:
- CCTV footage of the accident
- Photographs of your injury and the accident site
- Contact details of potential witnesses.
- Copies of any medical records produced from seeking medical attention.
To learn more about the steps you can take after sustaining harm at work, get in touch with our team. They can also discuss whether you can be sacked for an accident at work.
Is There A Time Limit To Make A Work Injury Claim?
The standard personal injury claims time limit to start a claim is three years. This can be from the accident’s date or the date you became aware that your injuries were caused by a breach of duty. This is outlined in The Limitation Act 1980.
However, certain exceptions can apply. Please get in touch to learn more about whether the exceptions could apply to your claim.
Potential Compensation From An Accident At Work Claim
General damages is one of the heads of claim that can make up a personal injury settlement. It compensates for the pain and suffering caused by your injuries as well as the impact they have had on your quality of life.
Solicitors can assess the value of this head of claim by using compensation brackets from the Judicial College Guidelines. We have used these guideline figures in the table below. Please only use them as a guide because your actual settlement amount could vary.
| Injury | Compensation | Notes |
|---|---|---|
| Foot Injury | £169,400 - £201,490 | (a) Both feet are amputated. |
| Foot Injury | £83,960 - £109,650 | (b) One foot is amputated. |
| Leg injury | £96,250 - £135,920 | (b) Severe (i): Injuries such as fractures that have not united and required extensive bone grafting. |
| Leg Injury | £39,200 - £54,830 | (b) Severe (iii): Serious compound or comminuted fractures are covered in this bracket. |
| Arm Amputation | Not less than £137,160 | (b) Loss of one arm (i): One arm is amputated at the shoulder. |
| Other Arm Injury | £96,160 - £130,930 | (a) Severe Arm Injuries: A serious brachial plexus injury is included in this bracket. |
| Neck Injury | £65,740 - £130,930 | (a) Severe (ii): Covers serious fractures or damage to discs in the cervical spine. |
| Facial Disfigurement | £29,780 - £97,330 | (a) Very Severe Scarring: Very disfiguring cosmetic effect causing a severe psychological reaction. |
| Hand Injury | £14,450 - £29,000 | (g) Less Serious Hand Injury: Severe crush injuries. |
| Ankle Injury | £13,740 - £26,590 | (c) Moderate: Fractures, tears and the like that give rise to less serious disabilities. |
What Else Could I Receive?
Special damages could also make up your overall compensation amount. These aim to reimburse you for any financial losses experienced as a result of your injury. Some examples of this include:
- Loss of earnings
- Travel expenses
- Medical costs
Collecting evidence of these losses can be helpful when claiming them back, such as receipts and payslips.
Call to find out whether you could claim compensation if you have sustained harm due to employer negligence and have been sacked after an accident at work.
Why Make A Work Injury Claim On A No Win No Fee Basis?
A Conditional Fee Agreement (CFA) is a type of No Win No Fee arrangement. The solicitors from our panel could offer to represent your claim under this agreement. It typically allows you to access their services without paying for them upfront, while the claim proceeds or if the claim is not successful.
If the claim is a success, your solicitor will deduct a success fee from your compensation. They take this as a legally capped percentage.
For more information on whether you could be eligible to have a solicitor from our panel work your claim under a CFA, please get in touch. An advisor can also provide further guidance on whether you can be sacked for an accident at work and whether you’re eligible to seek personal injury compensation.
To reach them, you can:
- Call on 0113 460 1216
- Contact us via our online form
- Chat with one of our advisors by using our live chat feature below.
Learn More About How To Make An Accident At Work Claim
For more guides:
- I Sprained My Ankle At Work, Can I Make A Claim?
- Compensation Payouts For A Head Injury Claim
- Slip, Trip And Fall Accidents
For more external resources:
- Health and Safety Executive – Employee Health And Safety
- NHS – How Do I Know If I’ve Broken A Bone?
- GOV – Statutory Sick Pay
Thank you for reading this guide on whether you can be sacked for an accident at work. If you have any other questions, get in touch using the number above.
Writer Louis Pen
Editor Meg McConnell
