Can you be dismissed after an accident at work because of a personal injury claim?

Demelza Pallant, Personal Injury Solicitor at WSP Solicitors
Legally, you cannot be dismissed after an accident at work simply because you have made, or are thinking about making a personal injury at work claim.
If you are unfortunate enough to sustain an injury whilst at work and the accident was caused by the negligence of your employer, a personal injury claim will not only compensate you for the pain and suffering you have endured, but also for any financial losses you have sustained as a result of the accident.
You may be concerned about the risk of losing your job as a result of making an injury at work claim. Or you may be worried about creating bad relations with your employer. However, employers have a duty to ensure the safety of their employees whilst they are at work. They must provide you with appropriate training to do your job and carry out risk assessments of work processes and equipment. If they have not done this and you suffer an injury as a result, you are then entitled to make a claim against them.
Your employer will be notified of any claim brought against them initially by your solicitor or via their own insurance company. Your employer’s insurance company will then work with them to investigate the claim and will gather documentation to enable them to reach a decision on liability. Usually, the insurance company will deal with the claim on behalf of your employer, so your employer will not be conducting the claim themselves.
Employers are required to have insurance so that they can cover the cost of any claim they receive from an employee. This means that they will not be paying your compensation out of company profit. Fortunately, reputable and sensible employers recognise that claims against them are not personal; but simply an employee exercising their right to seek compensation to restore health and reimburse any financial losses sustained.

 

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