You cannot be fired for making a work accident claim against your employer. If you are, you could have grounds for an unfair dismissal claim.

Workplace accident claims – common concerns

If you are injured at work and your employer is found to be at fault, you are legally entitled to pursue a work accident claim. This is a type of personal injury claim. It sees that you are properly compensated for your damages, including your physical/mental injuries, and your financial losses.

However, you might question whether or not you want to exercise this right. After all, won’t it be awkward if you take legal action against your boss?

This is a common concern. You might be frightened that you will be treated less favourably at work if you make a fuss. For example, you might be denied promotion opportunities or even bullied by your colleagues. Or, you might wonder whether you will be sacked for pursuing a work accident claim.

Will I lose my job?

These concerns are perfectly understandable. There is an existing relationship between you and your employer, and you don’t want to jeopardise it.

But please do not worry. There are laws in place which protect you from unfair dismissal, bullying and harassment in the workplace. This means you cannot lose your job, or be treated less favourably, just because you make a work accident claim. If you are, you could be entitled to additional compensation for unfair or constructive dismissal.

Therefore, do not feel anxious about your job security. Instead, focus on your own health and well-being. Also remember that work accident claims are a force for good, as they help prevent similar accidents occurring in the future.

Employer’s liability insurance

Another frequently asked question is: ‘will my employer have to pay for my compensation?’ The answer is almost always no.

All employers should have employer’s liability insurance in place. This covers the cost of legal action taken against an organisation – such as a work accident claim. If you sue your employer, their insurance company will handle the entire process. This includes paying your compensation settlement.

Expert legal advice

Hopefully, this information will alleviate your worries. If you have any other questions about making a work accident claim, please contact us at Mullins & Treacy LLP Solicitors.

We understand that the thought of legal action might be intimidating. However, we urge you to remember that if you are injured through no fault of your own, it is your legal right to claim compensation. This can be huge help, especially if you have lost earnings or require ongoing medical care.

We specialise in personal injury claims. We are client focused and results driven.