Your Rights After An Accident – Can I Be Sacked for Having an Accident at Work?

If you have been injured in a workplace accident, you may be considering taking legal action against your employer. Questions that potential claimants may have include, “Can I be sacked for having an accident at work?” and “Will I lose my job if I make a claim?” The simple answer is that you can not be sacked simply for having an accident at work which was not your fault, nor for claiming compensation.

Your employer is legally obligated to take workplace safety seriously and ensure your health, safety and welfare. Being dismissed following an accident at work may be considered unfair dismissal.

In this guide, we explore both employee’s rights in the workplace and employers’ duty of care. You can also find information on potential causes of workplace accidents and how compensation may be calculated. At the end of this guide, you can find information on how the claims process works and how to get help from a No Win No Fee solicitor.

Talk to us about your workplace injury claim.

A woman provides first aid to an injured worker.

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Can I Be Sacked For Having A Workplace Accident?

In this guide we are looking at whether you could be dismissed for having an accident at work or for making a claim against your employer. We will discuss circumstances in which you could be fairly dismissed and where you could not be.

Your employer has a legal duty of care to provide a reasonably safe place for you to work in. They must adhere to workplace safety legislation such as the Health and Safety at Work etc. Act 1974 (HASAWA). Your employer should take reasonable steps such as ensuring workplaces are safe, that you are properly trained, and that you are issued the correct personal protective equipment.

Your employer can not dismiss you solely on the grounds of having had an accident. However, there are circumstances in which you may be dismissed fairly.

You may be dismissed in instances of:

  • Gross negligence or wilful misconduct: this includes instances where an employee has intentionally ignored workplace safety processes, or where their actions directly caused the accident through disregard for safety procedures, putting themselves or others at risk.
  • Incapacity to perform duties: this includes circumstances in which an accident has left you permanently unable to perform your duties.

You can read more about dismissals on capability or conduct grounds in this government resource.

Contact us for more information about making a claim against your employer.

Your Rights After Having An Accident At Work

It is important to understand your rights if you have been injured in an accident at work. Below we look at these rights.

  • The right to a reasonably safe workplace, as set out by the HASAWA.
  • The right to seek medical care. You have the right to seek medical treatment for injuries sustained in a workplace accident. Under the The Health and Safety (First-Aid) Regulations 1981 employers should provide adequate equipment, facilities and personnel for first aid.
  • The right to report the injury. You have the right to report the accident and injury to your employer. If your workplace has more than 10 people, it should be recorded in an accident report book. Your employer should also report any serious injury, illness or dangerous incident to the Health and Safety Executive (HSE) under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR). The HSE is Great Britain’s workplace safety regulator. This may include reporting a fatal accident at work.
  • The right to sick pay. If you meet the eligibility criteria for Statutory Sick Pay this should be provided to you.
  • The right to return to work. If you are able to return to work your employer should facilitate you doing so, making reasonable adjustments if necessary.

In addition to these rights, you also have the right to take legal action and make a claim against your employer if the injury occurred due to a breach of their duty of care.

An officer has an injured wrist.

Understanding Employer Responsibilities Following Workplace Accidents

As we have stated through this guide, your employer has a duty to take reasonable steps to prevent you suffering a workplace injury. There are also procedures which must be followed if you have a workplace accident.

Employers responsibilities may include:

  • A responsibility for providing medical care such as first aid and calling the emergency services where necessary.
  • A responsibility to record injuries at work and notify the HSE or RIDDOR where appropriate.
    Investigating the cause of the accident and why it happened.
  • Reviewing safety processes and procedures to identify what processes may be put in place to prevent future incidents.

Employers’ responsibilities may overlap with employees’ rights following a workplace accident.

Our team can help to determine whether your employer is responsible for your workplace injury and if you could make a personal injury claim.

Will I Lose My Job If I Make A Claim Against My Employer?

If you are reading this guide, your main question may be, “Can I be sacked for having an accident at work?”. In most cases, if you were injured in an accident at work that was not your fault and are making a compensation claim, your employer would not have grounds to dismiss you.

However, in some cases, you could legally be sacked for having an accident at work. You may face disciplinary proceedings or be dismissed if your negligence or deliberate misconduct caused the accident as covered above.

It should be noted if you were partially at fault you may still be able to claim compensation on a split-liability basis.

If you were not at fault and are dismissed you may be able to make a claim for unfair dismissal.

Our team can help if you suffered a personal injury in a workplace accident.

A scene shows a forklift truck accident from above.

What If The Accident Was Partly My Fault?

As highlighted in the previous section, if the accident was partially your fault you may still be able to make a personal injury claim.

Personal injury claims where the claimant was partially at fault are called split liability claims. In such cases you may still be able to make a compensation claim against your employer. However, liability will be apportioned based on your and your employer’s contribution to the accident taking place.

This apportioning of liability will subsequently be reflected in any compensation awarded. For example, if you and your employer were equally responsible for an accident (50/50), any compensation awarded would be reduced by 50%. You may face disciplinary proceedings in such cases as you were partially at fault.

Talk to our team if you have been injured at work.

Common Causes Of Accidents At Work

From construction sites to offices, accidents at work could occur in any industry and workplace. According to statistics from the HSE, the most common causes of accidents at work are:

  • Slips, trips and falls on the same level. This may include slips or falls on a broken floor or other similar hazard.
  • Manual handling, lifting or carrying accidents. These may be caused by a lack of proper training in how to safely lift and carry items at work.
  • Being struck by a moving object. This may include being struck by a work vehicle, such as a lift truck or a roll cage. It may also include being struck by a falling object.
  • Acts of workplace violence may include those committed by a member of the public but in which an employer failed to implement proper safety procedures.
  • Falls from a height. This may include falling down stairs at work, especially if the staircase is broken or damaged.

If your accident occurred due to these or other circumstances, you may have grounds on which to claim compensation. Please contact us for further information.

Workers carry out manual handling operations.

Can I Be Sacked If I’m On Sick Leave After A Workplace Accident?

Following your accident, you may need to take time off work to recover. This may be called sick leave. Whilst on sick leave, you could be entitled to claim Statutory Sick Pay as well as other entitlements, depending on how long you have worked for your employer and your employment contract.

If you have had to take a lot of time off work due to your injury, your employer may be able to dismiss you fairly. They may consider that you are no longer able to do your job.

If you have been employed for more than 24 months your employer must:

  • Provide a warning they may dismiss you.
  • Show medical evidence of why this may be the case.
  • Allow you to respond to the medical evidence and their assessment.

Your employer should also assess your medical condition, when you could return to work and whether you could carry out alternative duties. They should also determine whether you may be able to return to work following medical care. They should also follow your rights as a disabled person if you were left with a resulting disability.

You may be dismissed after an accident if your employer can reasonably show that you will not be able to return to work.

How Much Compensation You Can Claim After An Accident

If you make a successful claim against your employer, you could be awarded compensation. You may be awarded compensation in two heads of loss. These are called special damages and general damages.

General damages are awarded based on your pain and suffering. They compensate for physical or psychological injuries. To help calculate these a party to claim, such as a solicitor, may refer to the claimants medical records and the Judicial College Guidelines (JCG). This document contains guideline compensation brackets for different injuries.

The first entry in the following table illustrates a claim where significant special damages were awarded due to serious injuries. The remainder of the entries are taken from the JCG.

Injury TypeSeverityDamages
Multiple forms of injurySerious or severe injuryUp to £1,000,000+ where special damages are also awarded.
Paralysis injuriesTetraplegia (A)£396,140 to £493,000
Paraplegia (B)£267,340 to £346,890
Brain injuryModerately severe (B)£267,340 to £344,150
Neck injurySevere (A) (ii)£80,240 to £159,770
Back injurySevere (A) (ii)£90,510 to £107,910
Post-traumatic stress disorderModerately severe (B)£28,250 to £73,050
Hand injuryModerate (H)£6,910 to £16,200
Shoulder injuryModerate (C)£9,630 to £15,580
Elbow injuryModerate to minor (C)Up to £15,370

Special damages are awarded to compensate for financial losses. In some instances, this part of your award may be larger than that for general damages. You could be awarded special damages for:

  • Loss of earnings,
  • Medical costs.
  • Care in the home or domestic help.
  • Other financial losses caused by your injuries.

To claim for these (or other costs), you must be able to provide supporting evidence of your loss. This could include bank statements, invoices or similar financial records.

Please contact us for an assessment of your compensation claim against your employer.

A factory worker uses machinery.

How To Start A Workplace Accident Claim

One of the most important steps in starting a workplace accident claim is to collect evidence. Your claim must clearly show that your employer was at fault (either in whole or in part) for your accident. It must also show how you were harmed and how the injury has impacted you.

Examples of evidence which may help support your claim could include:

  • Photos or video evidence may show the accident taking place, the scene of the accident or which shows any visible injury.
  • Medical records such as those from a hospital, your GP or other healthcare provider.
  • Contact information for anyone who witnessed your accident.
  • Copies of any accident records and reports.

Once you have collected evidence to support your case, you can contact a specialist personal injury solicitor. Our advisors and panel of solicitors could provide advice to help you claim compensation.

How Our Panel Of Solicitors Can Help You Claim

If you choose to claim with a specialist solicitor from our panel they could help you on a No Win No Fee basis. Our solicitors are experienced at helping people to make various different types of accident at work claim. If you are eligible to seek compensation, they could help you.

They could do so by offering to handle your case through a Conditional Fee Agreement. This is a way to claim without having to pay the solicitor for their work in advance or whilst the claim is underway.

Under this type of agreement, you only need to pay for the solicitor’s work in the event that you are awarded damages. If so, you must pay a success fee. This fee is deducted by the solicitor and charged as a percentage of your final award. There is a limit on the percentage which may be charged, so you keep the majority of the compensation.

Contact us to make an accident at work claim.

A solicitor answers the question, can I be sacked for having an accident at work?

More Information

Here you can find more information on how to make a workplace injury claim as well as helpful resources.

References.

Through this guide, we have sought to answer the question, “Can I be sacked for having an accident at work?” We hope you now have a better understanding of your rights in the workplace and your employer’s duties. Contact us to start a workplace injury claim.