After an accident at work, it’s common to feel uncertain about your next steps. One of the biggest concerns people have been whether making a claim could affect their employment. While employers cannot lawfully dismiss you for bringing a claim, the reality can sometimes feel less straightforward.
Your Rights After an Accident at Work
If you’ve been injured at work due to unsafe conditions, lack of training, or employer negligence, you have the right to seek compensation. Your employer has a legal duty to:
- Provide a safe working environment
- Carry out proper risk assessments
- Offer appropriate training and supervision
Making a claim is not doing anything wrong, it is a way of addressing what has happened to you and preventing something similar happen to someone else in the future.
You also have the right to raise concerns about health and safety without the fear of penalised.
What Counts as Unfair Dismissal
If you are dismissed purely because you have made, or intend to make, an accident at work claim, this is likely to be considered automatically unfair dismissal.
This means:
- Your employer cannot justify the dismissal simply by pointing to your claim
- You may not need the usual length of service to bring a claim
- You could have grounds to take action against your employer
In some cases, this type of treatment may also amount to victimisation, particularly if you raised concerns about workplace safety.
Steps to Take if You Feel at Risk
If you’re worried about how your employer might respond, or you feel your treatment has changed after raising an issue, there are practical steps you can take:
- Keep records of conversations, emails, and any changes in behaviour
- Make notes of any incidents or comments that concern you
- Raise concerns formally where appropriate
- Seek legal advice early
Acting early can make a significant difference if the situation escalates.
Making an Accident at Work Claim
An accident at work claim focuses on the injury you’ve suffered and whether it could have been prevented. This might include:
- Slips, trips, and falls
- Injuries caused by faulty equipment
- Accidents due to inadequate training
- Exposure to unsafe working conditions
Bringing a claim is about securing compensation for your injuries, lost earnings, and any ongoing impact on your life. It is separate from your employment status and should not be used against you.
When to Consider Employment Action
If you have been dismissed or feel you are being pushed out because of your claim, you may need to consider taking employment law advice.
This could apply where:
- You have been dismissed after making a claim
- Your role has changed unfairly
- You are being treated differently to colleagues
- You feel under pressure to resign
In these situations, you may have grounds for an unfair dismissal or detriment claim.
Contact Us
For more information about claiming for an accident at work, you can call us on 01642 843 667; alternatively, complete our online contact form and one of our solicitors will be in touch.
