Can You Be Sacked for Making an Accident at Work Claim?

An employee is injured at work, reports what happened and later asks a solicitor whether they can claim compensation. Then a worry appears: could the employer sack them for making a personal injury claim?

Making an accident at work claim does not automatically give an employee protection from every form of dismissal. The position depends on why the employer took action, what the employee did, and the circumstances surrounding the workplace accident.

Can an employer sack you for making a personal injury claim?

An employer cannot lawfully dismiss an employee simply because they have exercised a protected employment right. But making a personal injury claim and raising a health and safety concern are not necessarily the same thing.

A solicitor will therefore look at the facts behind the dismissal, rather than assuming that an injury claims process itself caused unlawful treatment. Evidence of what was said, when the claim was made and how the employer reacted may become significant.

Does making an accident at work claim affect your employment?

An accident at work claim concerns compensation for an injury and losses caused by another party’s legal responsibility. It is separate from the employment relationship.

An employer may continue employing someone while a compensation claim is considered. In some cases, an employee may need time off work before they can return to work. That does not, by itself, mean the employer can dismiss them because of the personal injury claim.

What if the employer dismisses you after a workplace accident?

Timing can raise questions, but timing alone doesn’t prove unlawful dismissal. An employer may have another reason for dismissal, and whether that reason is lawful depends on the circumstances.

If an employee believes dismissal followed because they raised health and safety concerns, reported dangerous working conditions or took protected action, different employment rights may apply. The Employment Rights Act 1996 protects in certain health and safety situations. 

Can you claim compensation and keep working?

Yes. Making a work compensation claim doesn’t normally require someone to leave their job.

For example, an employee injured by defective equipment might seek injury compensation while remaining employed. The employer’s liability insurance may become involved in the compensation claim, but the insurance company does not decide employment rights.

What if the employer makes your life difficult?

An employee may be concerned about reduced hours, unfair treatment, disciplinary action or pressure to withdraw an accident at work claim.

Those circumstances need careful assessment. A solicitor may consider whether the conduct amounts to unlawful detriment, whether health and safety rights apply, and whether there are grounds for an employment tribunal claim.

Does health and safety protection apply?

There are statutory protections where an employee is dismissed or suffers detriment because they take certain action concerning health and safety. ACAS confirms that dismissal for taking action over a health and safety issue can amount to automatically unfair dismissal, without the usual two-year qualifying period. 

That doesn’t mean every employee involved in injury claims automatically receives this protection. The precise reason for the employer’s action matters.

What evidence could support an injury claims case?

Keep the accident report, photographs, medical records, correspondence and details of witnesses. Emails or messages between you and your employer may also become relevant.

If the employer’s negligence caused the injury, evidence about training, equipment, risk assessments and health and safety at work may help establish what happened. An injury solicitor will usually need to understand both the accident and what happened afterwards.

What should you do if you are dismissed?

Don’t assume that dismissal means the personal injury claim has failed. The two matters can be legally separate.

Seek legal advice as soon as possible if you believe your employer dismissed you because you made a claim, reported a safety concern or raised an issue about your working environment. Employment tribunal time limits can be short. For most claims, the current deadline is three months less one day, although the rules change for claims starting on or after 1 October 2026.

Can you make an accident at work claim against your employer?

A claim for personal injury depends on establishing the legal basis for compensation. An employee being injured at work doesn’t automatically establish employer liability.

A solicitor can review the employer’s negligence, the duty of care that was owed, the circumstances of the accident and the evidence that is available. Employers’ liability insurance generally covers the employer’s liability for injury to or disease of an employee arising out of and in the course of employment, subject to the legislation and applicable exceptions. 

Contact SGT Law Firm Today!

If you were injured at work and are considering an accident at work compensation claim, SGT Law Firm can assess the circumstances and explain the options available under Scots law. The firm’s Personal Injury Lawyers Glasgow service provides information about personal injury claims, while SGT Law Firm can discuss the legal issues arising from your particular circumstances.