The short answer is no, your workplace cannot legally fire you for making a personal injury claim about a workplace accident. There are only certain things that you can be legally dismissed for, and making a compensation claim against a workplace is not one of them.
What is a workplace injury claim?
By law you have the right to a safe working environment through the Health and Safety at Work Act (HSWA) 1974. This legislation outlines the responsibilities of your workplace in terms of a safe working environment, proper training, and suitable equipment and PPE.
If you are injured at work then you may be able to make a personal injury claim. You can file a claim against your employer’s liability insurance to say you’re entitled to compensation because an accident wasn’t your fault or it could have been prevented.
This compensation comes from an insurance company rather than your workplace. It is designed to ensure you have the financial support you need to recover from your injuries. This can include:
- Loss of earnings: If you’ve had to take time off work, or your ability to work in the future is affected.
- Medical expenses: Including the cost of treatment, medication and rehabilitation.
- Pain and suffering: To acknowledge the physical discomfort and emotional distress you have experienced.
- Other out-of-pocket expenses: Such as travel costs to medical appointments.
You have up to three years to make a personal injury claim for workplace injuries. Even if you no longer work for that organisation, you can still make a claim.
When can workplaces legally dismiss you?
You can be fairly dismissed from a job for the following reasons:
- Not being capable of doing the job that you were hired to do.
- Gross misconduct
- Redundancy
- Other lawful conflicts (for example if you were required to drive for work but had lost your driving license)
- ‘Other substantial reasons’. This is a catch-all term that your employer would need to prove to an employment tribunal was justified.
What if I am on long-term sick leave or are disabled?
You can be dismissed if you have a long-term illness that makes it impossible for you to do your job. However, your employer should first look for ways to support you and give you reasonable time to recover from your illness. Dismissal should be a last resort after alternative considerations.
If you have a disability then your employer has a legal duty to support you. They cannot discriminate against you because of a disability, and they need to make ‘reasonable adjustments’ to avoid you being at a disadvantage compared to non-disabled people in your workplace. You can’t be made redundant just because you’re disabled, and your employer cannot force you to retire if you become disabled.
Reasonable adjustments for people with long-term illnesses or a disability can include:
- Physical adjustments or specialist equipment
- Flexible working or part-time hours
- A phased return after sickness
- Lighter or different duties
- A different role within the business
What if the accident was my fault?
Your workplace owes you a duty of care. They can do this by giving employees the right training, completing risk assessments, making sure employees have safety equipment, that machines are safe, and ensuring that employees do not work too many hours.
Accidents are rarely one-sided. Even if it seems like your fault, then there may still be contributing factors that mean that employers are also at fault.
Contributory negligence
Contributory negligence is when the injured person is found partially responsible for their own injuries. An example of this in a workplace setting could be that you weren’t wearing the provided PPE. If you were partly at fault for the accident then you may still be entitled to claim compensation, though the amount would be reduced depending on how much of the fault you were deemed responsible for.
The burden of proof falls to the employer, so they need to provide evidence that you weren’t exercising reasonable care over your own safety.
Gross misconduct or deliberate negligence
If the accident was because of gross misconduct or deliberate negligence (for example, ignoring safety procedures or taking on tasks you haven’t been trained on) your employer might have grounds for disciplinary action, including dismissal. However, your employer still needs to follow proper disciplinary procedures in these cases. You have the right to a fair investigation where you have the opportunity to present your side of the story.
If you are found to have acted with deliberate negligence then you most likely will not be entitled to compensation. However, you may still be eligible for statutory sick pay if you are off sick due to the accident.
What if I’ve been unfairly dismissed?
You cannot legally be dismissed from your job for having an accident or making a personal injury claim. If you have been dismissed for any reason other than the ones outlined above, then you may have been dismissed unfairly.
Even if the reason for dismissal was fair, a dismissal can become unfair if the employer does not follow a reasonable procedure. You are entitled to have proper warnings and have the right to appeal.
Appealing an unfair dismissal
If you choose to appeal a dismissal your employer needs to look at the case again to see if proper procedure was followed and whether the outcome was fair. Another investigation may be carried out if it is deemed necessary.
You can also make a claim against your employers in an employment tribunal. This is an independent office who will listen to you as the claimant as well as your employer, before deciding whether you have been unfairly dismissed. You usually have to make a claim within three months of your employment ending.
What if I feel I was made to quit?
If your relationship with your employers suffers because of a personal injury claim you’ve made, sometimes you may feel no choice other than to resign. If this is the case, you may be able to claim for constructive dismissal.
This is where an employer’s actions make continued employment impossible, and can include:
- Unpaid wages or benefits
- Unreasonable forced changes to work
- Working hours
- Place of work
- Role
- Bullying, harassment or discrimination
- Failure to provide a safe working environment
- Unfair bullying through disciplinary or performance processes
- Demotion without justification
You can make a claim to an employment tribunal for a constructive dismissal case within three months. This is counted from either the last day of your notice period or, if you did not give notice, the day you resigned.
How can a solicitor help me with my personal injury claim?
If you don’t have a professional legal background, then navigating these types of complex legal issues can be a minefield. Hiring a specialist solicitor can make the process a lot more simple and significantly less stressful for you.
Personal injury solicitors will assess your case’s viability, gather evidence such as medical records or witness statements, negotiate with insurers on your behalf, and help to maximise the compensation that you’re entitled to.
Many solicitors will take on your case under a ‘no win, no fee’ agreement. This means that you will only pay the solicitor’s fee if you win your claim against your employer. The fee is usually taken as a percentage of your compensation, but your solicitor will go over all of these details before they take on your case.
Making claims for personal injury compensation, sick pay, and unfair dismissal should all be done separately. Having the correct professionals on board for each claim is essential. For example, personal injury solicitors may not be able to make claims for unfair dismissals and vice versa.
Having an accident at work can be stressful enough without worrying that you’re also going to lose your job. We hope this article has given you peace of mind that you cannot legally be dismissed over making a personal injury claim, and if you are unfairly dismissed there are options for you.
Making either a personal injury claim and/or a claim to an employment tribunal can be a time consuming and stressful process. By working with specialist solicitors you can make a valid and substantiated claim for the compensation you’re entitled to.