How To Sue Your Employer – A Guide To Claiming Compensation

Welcome to our guide on how to sue your employer. Have you been injured at work in an accident? Have you fallen victim to harassment in the workplace? Whatever the circumstances of your work-related incident, you could be able to sue your employer providing that you can show that they could have prevented it but failed to do so. 

In this article, we’ll help you understand how you could hold your employer liable for their negligence or behaviour. We’ll present you with relevant employment laws that you should be aware of, provide examples of how your employer could be in breach of their duty of care and guide you through the process of how to make a claim for your suffering.

how to sue your employer
How to sue your employer

Whether you’re unsure if you have grounds to make a valid claim or you’d like to see how our panel of lawyers could help you get the compensation that you deserve, please don’t hesitate to get in touch with one of our specialist advisors today for a consultation. 

We can offer you expert legal advice free of charge and even connect you with our panel who can handle your claim on a No Win No Fee basis, minimising the financial risk that many claimants face. 

So, why not see how we could help you claim for your suffering today?

Select a Section

  1. How To Sue Your Employer – A Guide To Claiming Compensation
  2. Why Would You Sue Your Employer?
  3. What Is My Employer’s Duty Of Care?
  4. How Can My Employer Breach Their Duty Of Care?
  5. Accident At Work Stats
  6. What Should I Do If I’m Injured At Work?
  7. What Is The Average Payout For An Accident At Work?
  8. No Win No Fee Accident At Work Claims
  9. How To Find A Specialist Accident At Work Lawyer
  10. Contact Us
  11. Extra Resources

How To Sue Your Employer – A Guide To Claiming Compensation

In this article, we’ll discuss how you could sue your employer and address some common questions you may have, such as:

  • What can you sue an employer for?
  • Do I have grounds to sue my employer?
  • Can I sue my employer for stress and anxiety?
  • Can I sue my employer for negligence?
  • What is my employer’s duty of care?
  • How much compensation could I claim for an accident at work?

In addition, we’ll help guide you towards getting the compensation that you deserve for your suffering by offering our top tips on:

  • What should I do if I’m injured at work?
  • How do I find the best lawyer to handle my claim?
  • How could a No Win No Fee agreement help me?

Whatever the circumstances of your work-related incident, you could be able to sue your employer providing that they could have prevented it but failed to do so. 

For a consultation, please don’t hesitate to get in touch with one of our specialist advisors today. We can offer you expert legal advice free of charge and even connect you with our panel of lawyers who can handle your claim.

Why not see how we could help you?

Why Would You Sue Your Employer?

Have you been injured at work in an accident? Have you fallen victim to harassment in the workplace? Whatever the circumstances of your work-related incident, you could be able to sue the company you work for as long as you can show that they’ve breached their duties to you. 

In order to sue your employer, you must be able to meet the following criteria at a minimum:

  • You were in employment for at least 2 years prior to the incident (employment law cases only)
  • The incident was reported
  • Your employer failed to take appropriate steps to resolve the situation (employment law cases)
  • They breached their duty of care, which led to you suffering harm (personal injury cases)

What’s more, please bear in mind that certain time limits apply to claims. If you wait too long before commencing legal proceedings, you risk losing out on compensation that you may be otherwise entitled to.

For personal injury claims, they must be made within 3 years of the date of the incident or the date you acquired knowledge that your employer’s negligence was to blame for it.

The time limits in employment law claims are much tighter, lasting a matter of months, so we recommend getting in touch with our team as soon as possible.

Accidents At Work

The Health and Safety Executive is an independent regulatory body that works towards the prevention of workplace injuries in Britain. This is done through the encouragement and enforcement of legislation like the Health and Safety at Work etc. Act 1974.

Under the Act, employers have a moral, ethical and legal duty of care to their employees’ welfare, protecting it as much as is reasonably possible. According to this legislation, employers must be committed to creating a safe environment for their employees with proper practices in place. 

In attempts to do so, they must undertake regular and comprehensive risk assessments in the workplace to identify and manage any potential issues before they cause any harm. In addition, they must adhere to relevant laws by ensuring things such as:

  • Displaying HSE-approved signs in the workplace at all times
  • Providing appropriate Personal Protective Equipment (PPE) to all employees that require it

In attempts to ensure that workplaces remain safe and lawful, HSE conducts risk assessments and inspections to identify and manage any potential hazards that may arise. As of 2020, their most recent report noted the following statistics:

Of non-fatal workplace injuries sustained, the most common include:

  • Slipping and tripping (29%)
  • Handling, lifting and carrying (19%)
  • Being hit by a moving object (11%)
  • Being a victim of violence (9%)
  • Falling from a height (8%)

Of fatal workplace injuries sustained, the most common include:

  • Falling from a height (29%)
  • Being hit by a moving vehicle (20%)
  • Being hit by a moving object (18%)
  • Being trapped by something (15%)
  • Coming into contact with moving machinery (11%)

As an employee, you should never expect any such accident to happen. Rather, you should feel a sense of safety in the workplace on account of your employer’s compliance with legislation designed to protect your welfare. 

To learn more about employment law and the different types of regulations in place that you could sue your employer for breaching, please see the next section of this article or speak to one of our specialist advisors today.

Employment Law

Employment law is designed to establish the rights of employees and the duty of care of employers. In simple terms, it dictates what employees and employers can and can’t expect from one another by law.

A key piece of legislation is the Equality Act 2010. This prohibits the likes of discrimination, harassment and sexual harassment in the workplace. It protects a number of personal characteristics too, such as age, gender, race, sexual orientation and religious beliefs. Employers cannot make decisions based on any of these characteristics. 

Should you have suffered any form of harassment or discrimination in the workplace, we can help you. We can also support you with claims for unfair and constructive dismissal. Unfair dismissal is one in which there is no justifiable reason for your boss to sack you. Constructive dismissal arises in situations where you feel forced to leave your job because of the attitude and behaviour of your employer or colleagues.

Please don’t hesitate to get in touch with one of our specialist advisors today for free advice and support on how to sue your employer by making a claim against them for their failings.

Industrial Diseases

As the section above highlights, employers are legally required to provide their employees with appropriate Personal Protective Equipment (PPE) to prevent them from exposure to damage. 

For example, when working with hazardous materials such as asbestos, strict PPE is required to protect you from coming into contact with them. Without this, you risk your health for the sake of the job at hand. 

If your employer fails to provide you with the appropriate PPE to protect you while at work, then you could fall victim to anything from a respiratory disorder to an occupational disease like mesothelioma (asbestos-related cancer) or noise-induced hearing loss.

As such instances are preventable if correct procedures are followed to safeguard you from harm, then you could be able to sue them for their negligence that subsequently put you in danger.

For more information on the duty of care owed to you by your employer, please refer to the next section of this article or speak to one of our specialist advisors today for free advice and support on your situation.

What Is My Employer’s Duty Of Care?

As mentioned earlier, under the Health and Safety at Work etc. Act 1974, employers have a moral, ethical and legal duty of care to their employees to uphold their welfare as much as reasonably possible. 

If you’ve suffered as a result of your employer breaching their duty of care, then you could be entitled to sue them to hold them liable for their failings. 

To learn more about how your employer could breach their duty of care, please refer to the next section for some examples. Alternatively, please get in touch with one of our specialist advisors today to see how our panel of lawyers could help you get the compensation that you deserve.

How Can My Employer Breach Their Duty Of Care?

Now that you’re familiar with the duty of care owed to you by your employer, we’ll discuss the different ways in which they could breach this duty and subsequently compromise your safety at work.

As mentioned earlier, if you’re harmed in a manner that your employer could have prevented, then you could be able to sue them for their negligence that resulted in this. Some examples of how your employer could breach their duty of care to you could include:

  • Failing to provide the correct Personal Protective Equipment (PPE)
  • Failing to display appropriate HSE-approved workplace signs 
  • Failing to provide adequate staff training
  • Failing to conduct regular risk assessments or acting upon hazards identified in such assessments

To learn more about incidents at work, please see the next section of this article for some recent statistics from the Health and Safety Executive about workplace accidents in particular. 

Alternatively, if you’re unsure whether you could have grounds to make a claim, please contact one of our specialist advisors today. You’ll receive a free consultation and see how our panel of lawyers could help you successfully sue your employer and get the compensation that you deserve for the suffering that they’ve caused you.

Accident At Work Stats

In this section, we’ll explore some statistics for workplace accidents, differentiating between fatal and non-fatal injuries, as well as work-related illnesses.

As mentioned above, the Health and Safety Executive is an independent regulatory body that works towards the prevention of workplace injuries in Britain. This is done through the encouragement and enforcement of legislation like the Health and Safety at Work etc. Act 1974.

In attempts to ensure that workplaces remain safe and lawful, HSE conducts risk assessments and inspections to identify and manage any potential hazards that may arise. As of 2020, their most recent report noted the following statistics:

  • 111 people were killed at work
  • 693,000 people suffered an injury at work
  • 1.6 million people suffered a work-related illness
  • 828,000 people suffered work-related mental health problems
  • 38.8 million days were unable to be worked due to work-related illnesses or injuries

Whatever your situation, if your health has been impacted at work, then you could be able to sue your employer by making a personal injury claim. Please continue reading to see what steps you could take after being injured at work or get in touch with one of our specialist advisors today to see how our panel of personal injury lawyers could help you get the compensation that you deserve.

What Should I Do If I’m Injured At Work?

If you’ve been injured at work through no fault of your own, we advise you to follow these three simple steps to give yourself the best chances of securing the compensation that you deserve:

  • Seek medical attention 
    • You should have your injury treated as soon as you can and ensure that the incident responsible for it is noted in your medical record.
  • Make a record of the incident
    • If you can, take photographs or videos of the scene and obtain contact details of any witnesses that could help you further evidence your claim. Be sure to log the accident in the workplace accident book too.
  • Consider using a No Win No Fee personal injury lawyer
    • Seeking legal support could help ensure that your claim has the best chances of success (please note that it isn’t a legal requirement to have a lawyer)

Whatever the circumstances of your work-related injury, if you weren’t at fault for it, then you could be able to sue your employer providing that they were negligent. Whether you’re unsure if you have grounds to make a valid claim or you’d like to see how our panel of personal injury lawyers could help you get the compensation that you deserve, please don’t hesitate to get in touch with one of our specialist advisors today. 

In the meantime, please continue reading to learn how payouts for personal injury claims are calculated and how much compensation you could be entitled to for your suffering.

What Is The Average Payout For An Accident At Work?

Compensation for a typical personal injury claim is calculated according to two different categories of damage; general and special damages. 

For any physical or psychological harm that you’ve experienced as a result of your injury, you could be able to claim general damages. This way, you could be compensated for things like the pain of your injury or the mental anguish that you’ve been caused.

To learn more about how to calculate how much compensation you could be entitled to for general damages as part of your personal injury claim, please refer to the next section of this article. Alternatively, please speak to one of our specialist advisors today to see how our panel of personal injury lawyers could help you sue your employer and get the compensation that you deserve.

Calculating General Damages With A Personal Injury Claim Calculator

As each accident at work is unique, each case must be treated as such. With this in mind, we advise against using online personal injury claims calculators for payout estimates, as their means of valuing payouts can be generalised and don’t consider the details of the claimant’s situation that could affect how much they’re actually entitled to.

If you’re wondering how much compensation you could be able to claim by deciding to sue your employer, please reach out to one of our specialist advisors today to receive a free consultation on your circumstances. If you have grounds to make a claim, we could connect you to our panel of personal injury lawyers for them to handle your case and maximise its chances of success.

In the meantime, it might help to familiarise yourself with some estimated payout figures from the Judicial College Guidelines. This organisation trains Britain’s judges and has put together some compensation brackets as guidance, such as:

InjuryNotesAward

Shoulder (moderate)

You will experience frozen shoulder and have limited movement for a period of about 2 years

£7,410 to £11,980

Post-Traumatic Stress Disorder (moderate)

You will be predicted to make a near to full recovery without any largely disabling effects

£7,860 to £21,730

Back (moderate)

Your injury may be a compression or crush fracture, resulting in osteoarthritis, persisting pain and ongoing discomfort

£26,050 to £36,390

Severe tinnitus and NIHL

Your injury will be a result of long term exposure to noise at work

£27,890 to £42,730

Back (severe)

You will experience damage to your spinal cord and nerve roots, causing intense pain which could result in disability and even partial paralysis

£85,470 to £151,070

Special Damages

In addition to general damages, you could also be able to claim special damages for any financial shortfall that you’ve subsequently experienced as a result of your injury. This could help restore you back to the financial position you were in before. Some examples of injury-related costs that could be recovered include:

  • Medical costs
    • Prescriptions, treatments and the like
  • Travel costs
    • Related to medical appointments
  • Care costs 
    • Gracious care from family and friends or professional care
  • Loss of income
    • Includes predicted loss of future income

If you’re interested in making a personal injury claim against your employer and would like legal help and support, please don’t hesitate to get in touch with one of our specialist advisors today. 

To learn more about how our panel of personal injury lawyers could help you sue your employer and get the compensation that you deserve, please continue reading and see how you could get in touch.

How To Find A Specialist Accident At Work Lawyer

If you’re interested in sourcing legal help, it can be difficult to know where to start.

You may seek recommended solicitors from people you trust or even find a local law firm by visiting your local high street. However, did you know that you have a wealth of options available to you which can be accessed via technology? Therefore, you don’t need to look any further than the comfort of your own home to find the best solicitor for your case.

Our team can be reached over the phone, via email, and even offer face-to-face meetings if you’d prefer so. By taking a look through our pages, you’ll get a grasp of why our clients choose us and can hear about their positive experiences first hand. 

Why not speak to one of our specialist advisors today to see how we could help you get the compensation that you deserve? In the meantime, please continue reading to learn more about the services that we offer, including our No Win No Fee promise. 

No Win No Fee Accident At Work Claims

Our panel of lawyers always promises a No Win No Fee service to their clients to ensure fairness in the claims process.

In entering into a No Win No Fee agreement, you’re under no obligation to pay your solicitor if they’re unsuccessful in winning compensation. What’s more, you’re not required to pay any upfront costs and you don’t have to worry about any hidden fees at any point. Therefore, the financial risk of making a claim that many victims face is minimised, allowing you to make legal proceedings with a sense of security.

If your solicitor is successful, then you’ll pay them a success fee to cover their legal costs. This small, legally-capped fee will be deducted as a percentage of your compensation but isn’t anything to worry about as it’s minimal.

Contact Us

Whatever the circumstances of your work-related incident, you could be able to sue your employer providing that you can prove that they could have prevented it but failed to do so. 

Whether you’re unsure if you have grounds to make a valid claim or you’d like to see how our panel of lawyers could help you get the compensation that you deserve, please don’t hesitate to get in touch with one of our specialist advisors today for a consultation. 

We can offer you expert legal advice free of charge and even connect you with our panel who can handle your claim on a No Win No Fee basis, minimising the financial risk that many claimants face. 

So, why not see how we could help you today?

Extra Resources

Thank you for reading our guide on how to sue your employer. We hope you’ve found it useful!