Learn Whether You Can Be Sacked For Having An Accident At Work

Have you or anyone you know ever had an accident at work that was not your fault? Are you worried about your employer’s response and think, “can I be sacked for having an accident at work? 

Being sacked by your employer, which officially ends your employment, is concerning as they do not always have to give you notice. If your employer does sack you after the first two years, they must have a valid reason that they can justify and prove that they have acted reasonably in the circumstances.

If you find yourself in this position and would like to know more, this guide could help answer any questions you may have. 

This guide will also take you through the process of how to make a compensation claim following a workplace accident. Additionally, we look at what items you could submit to support your accident at work claim as well as how a solicitor offering a No Win No Fee service could help you. 

If at the end of this guide, you have any further questions in addition to “can I be sacked for having an accident at work?” then please contact us using the details below:

Man in a hardhat and gloves with his hands over his head.

Browse Our Guide

Can I Be Sacked For Having An Accident At Work?

Lots of workers who have had an accident at work often wonder, can I be sacked for having an accident at work? You will be happy to hear that you can not be sacked for having an accident that wasn’t your fault.

However, Section 7 of the Health and Safety at Work etc. Act 1974, places a duty on every employee to take reasonable steps to ensure their own health and safety. This means that while you are in the workplace, you must act accordingly in line with health and safety policies. If you caused your own accident at work because you were acting irresponsibly, then you could be dismissed.

That said, under the same health and safety legislation, section 2, states that your employer owes you a duty of care to take reasonable and practicable steps to ensure your safety while you are working. This means that if you are injured in the workplace because your employer breached this duty of care, you would have the right to seek workplace compensation.

To consider making a claim, firstly, we need to establish whether employer negligence occurred:
  • Your employer owes you a duty of care under the Health and Safety at Work etc. Act 1974. This is a legal obligation that is placed on individuals or organisations to take reasonable care.
  • Your employer breached their duty of care to take reasonable and practicable steps to ensure the health, safety and welfare of their workforce.
  • Their breach of duty resulted in your injuries and/or harm.

Examples of an employer’s negligence include: 

  • An employee on a building site was not given the correct  personal protective equipment (PPE), such as a hardhat. Another employee was throwing items off the roof when they hit his colleague on the head causing a serious injury. 
  • An employer fails to provide manual handling whilst asking you to move extremely heavy boxes, resulting in a serious back injury.
  • The area is poorly lit, and this has caused you to fall down the stairs, resulting in you fracturing your forearm.

If you have been in an accident at work that was not your fault, and you would like to make a compensation claim, then please contact us for your free no-obligation chat to see how we can help.

 Man lying on the floor surrounded by colleagues after an accident at work.

Can My Employer Sack Me If I’m Off Sick After An Accident At Work?

Following your accident at work, your injuries may require you to have some time off and again, ask the question, “Can I be sacked for taking time off work as a result of an accident at work?”

It is explained in the government guidance that you can be dismissed if you are persistently off sick or have a long-term illness that will prevent you from carrying out your work duties. However, your employer should allow you sufficient time off work as a result of your injuries in order for you to recover properly.

Your employer should also support you at this time and provide you with any assistance that you might require on your return to work.

Speak to one of our advisors to discuss whether you have good grounds to launch an accident at work claim against your employer.

What Should I Do If I Want To Make A Personal Injury Claim After An Accident At Work?

A personal injury claim could help you recover your lost wages following being sacked for having an accident at work. If you have been sacked as a result of an accident at work, and you would like to make a personal injury claim, then UK Law are here to help.  If you are eligible to make a personal injury claim for accident at work compensation, one of the solicitors from our panel can assist in collecting evidence such as:

  • Accident report forms
  • CCTV footage.
  • Photographs of the accident location.
  • Contact details of any witnesses (a statement may be needed if the case is disputed)
  • All medical records
  • Photographs of your injuries
  • Wages slips (if you want to claim loss of earnings)
  • Invoices and/or receipts

Contact us to see if you could make a personal injury claim after having an accident at work and being sacked as a result.

Contact Us To See If You Can Claim For A Workplace Injury

If you have suffered a workplace injury as a result of an accident, we believe we can help. By choosing UK Law, you will benefit from:

  • The personal injury solicitors on our panel have decades of experience and expertise in accidents at work and dismissal-related cases
  • We can help with collating your evidence to build your case
  • Negotiate with the Defendant solicitors on your behalf
  • Get the best outcome for you

A solicitor from our panel can do all this and more without taking any upfront or ongoing fees for their work. This is because they work with their clients through something called a Conditional Fee Agreement, which is a kind of  No Win No Fee arrangement.

Should your claim be successful, a small success fee will be deducted from your compensation.

We hope we have answered the question, “can I be sacked for an accident at work?” Please call for your free no obligation advice about accident at work claims:

A No Win No Fee solicitor discusses whether their client can be sacked for having an accident at work.

 

More Useful Resources About Claiming For An Accident At Work

Below are additional links that we believe would be useful for you to look at.

Guide resources

Further  resources

Thank you for reading our guide about whether you can be sacked for having an accident at work. If you would like to start a workplace injury claim, please get in touch to check your eligibility.