Being injured in a workplace accident can create many difficulties, not the least of which is the significant financial impact it can have. In addition to this and the often challenging recovery process, you may also find yourself worrying about your job. This can lead you to ask, “Can I be sacked for having an accident at work?”. We understand how stressful such uncertainty can be, so please read on to get the answers you’re looking for.

Key Takeaways

• You cannot be sacked for having an accident at work that wasn’t your fault, and this may constitute unfair dismissal.
• You could take your employer to an employment tribunal if you are dismissed after a workplace accident.
• Document what happened with evidence, including a copy of the accident book report, your medical records, and relevant correspondence with your employer.
• Losing your job does not impact your ability to claim compensation if you were injured at work due to an employer’s negligent actions or inactions.
• A solicitor from our panel could help your accident at work claim by gathering evidence, handling communications, and negotiating a settlement on your behalf.

To discuss your specific situation or to see if you can make a claim, please speak with one of our supportive advisors today. They’re here 24/7 and are ready to provide you with a free consultation to help determine if you could start claiming with one of the specialist solicitors making up our panel.

Frequently Asked Questions

• Can I Be Sacked For Having An Accident At Work?
• Can I Still Claim For Accident At Work Compensation If I Am Sacked?
• What Can I Do If I Was Unfairly Dismissed By My Employer?
• How Can I Prove The Accident At Work Was Not My Fault?
• Why Contact How To Sue After A Workplace Accident?
• More Information

Can I Be Sacked For Having An Accident At Work?

You can not be sacked for having an accident at work, as sustaining an injury alone is not sufficient grounds for dismissal. In particular, the Employment Rights Act 1996 (ERA) protects workers from unfair dismissal and requires employers to provide a lawful and valid reason for terminating someone. However, you may be dismissed if your gross misconduct or negligence caused an accident and injury.

Your employer also has a responsibility to take reasonable steps to protect your health, well-being, and safety under various pieces of workplace safety legislation. This duty of care is primarily established by the Health and Safety at Work etc. Act 1974.

If you’d still like further guidance on the question, “Can I be sacked for having an accident at work?”, please chat with an advisor today. They may be able to connect you to a work injury solicitor from our panel.

Can I Still Claim For Accident At Work Compensation If I Am Sacked?

Yes, you can still claim accident at work compensation if you are sacked, as your employer would remain liable if your injuries resulted from their negligent actions. This is because your eligibility to claim compensation is based on whether it can be proven that an employer is at fault for an injury, not your job status.

All personal injury claims have to meet 3 basic criteria.

• Duty of care: This refers to the legal obligation that your employer has to take reasonable steps to protect your safety. In this case, it may be to supply you with the correct safety equipment and sufficient training.
• Breach: Your employer failed to meet their duty of care, such as by failing to conduct and implement the findings of a risk assessment.
• Causation: The breach directly caused your injuries.

Being sacked does not remove the duty of care owed to you, nor your ability to seek compensation against a current or former employer if you have been injured in an accident that wasn’t your fault. Contact our advisors today for guidance on when you could claim for an accident caused by employer negligence.

What Can I Do If I Was Unfairly Dismissed By My Employer?

If you believe that you have been unfairly dismissed by your employer, you can appeal their decision through internal processes and consider taking your case to an employment tribunal. In addition, you can pursue a personal injury claim if you have evidence that you were hurt as the direct result of a negligent employer’s conduct.

Steps to take:

• Check your contract of employment, employer’s policy, and submit a written appeal.
• Seek medical care for any injuries, and request copies of your medical records.
• Keep documentation and records of the accident, any reports made, and those related to your dismissal. You may request that your termination be put in writing, outlining the lawful basis for terminating your employment.
• Contact your trade union if you are a member of one.
• Contact a specialist solicitor. They will have the necessary experience in accident at work claims to guide you through the process of suing your employer.

If your employer dismisses you after an accident at work, you don’t have to face this difficult time alone. Speak to an advisor today about whether you can make a claim.

How Can I Prove The Accident At Work Was Not My Fault?

You can prove that the accident at work was not your fault by using a copy of the official incident report, CCTV footage, medical records, and evidence showing your employer’s liability for the injuries you sustained. This evidence will need to show that your claim meets the 3 basic criteria outlined earlier in this guide and can include:

• Accident book reports: A copy of the accident logs provides an official record of what happened.
• Photographs and video: This visual evidence can detail unsafe conditions or other causes of an accident, and of any visible injuries, such as lacerations from a cutting injury.
• Training records and risk assessments: May show whether training was inadequate, what safety procedures were in place at the time of your injury, and whether they were followed correctly.
• Medical records: Can offer insight into your injury and the treatment you received.
• Witness contact details: You can pass these on to your solicitor for them to gather supportive testimony.

This can sound daunting at first, but you can get all the help you need with obtaining proof for your claim if you are connected with one of the solicitors from our panel. Get in touch with our advisors for information on how to prove your claim.

Why Contact How To Sue After A Workplace Accident?

By contacting How to Sue after a workplace accident, you can access tailored, 24/7 advice to help you take your first steps towards claiming compensation. Our advisors offer a free consultation service, which can determine whether you have grounds to move forward with a claim.

If your case is valid, you can benefit from the expert support available from our panel of No Win No Fee solicitors. They offer their services through a Conditional Fee Agreement, so you don’t pay any solicitor fees for their work at the start of the claim or as it moves forward. You also won’t pay these fees if a claim fails.

Should you win, you will need to pay a success fee. This fee is automatically deducted by the solicitor and is charged as a legally capped percentage of your compensation. Besides these advantages, a solicitor from our panel could help in many ways, including:

• Active support for your recovery with a personalised care plan and access to rehabilitation specialists.
• Help with collecting evidence, including witness statements.
• Provide clear guidance throughout the claims process, such as whether you get full pay if injured at work.
• Negotiate with other parties, allowing you to remain focused on your personal needs.
• Providing you with regular updates on your case.

Get In Touch With Our Advisors

You can get in touch with our advisors today to get answers to the question, ‘Can I be sacked for having an accident at work?’

• Talk to an advisor live online.
• Click here to contact us.
• Phone 0800 408 7827.

More Information

Get more information on workplace accident claims below:

• Find out how to claim for a hand injury at work.
• Check whether you can claim for a minor workplace injury.
• Learn about factory accident claims.

References:

• Read more about Statutory Sick Pay in this government overview.
• Government guidance on dismissal on conduct or capability grounds.
• Find out about employment tribunals.

If you would like more information concerning the question of ‘Can I be sacked for having an accident at work?’, please don’t hesitate to get in touch for tailored advice.