You have been injured at work, reported what happened and are thinking about claiming compensation. Then a worry creeps in: could your employer sack you for it?
Your employer should not dismiss you for bringing a genuine claim, and doing so would usually be unfair dismissal. The compensation is normally paid by your employer's liability insurer rather than by the business itself, and some reasons for dismissal, including taking action over health and safety, make a dismissal automatically unfair regardless of how long you have worked there.
Key points
- Dismissing someone for bringing a genuine accident at work claim would usually be unfair.
- The Employment Rights Act 1996 protects employees from dismissal or detriment for raising health and safety concerns.
- Compensation is paid by the employer's liability insurer, not out of your employer's own pocket.
- You can normally make a claim and keep working.
- Employment tribunal time limits are short, so get advice quickly if you are dismissed or treated badly.
Can an employer sack you for making a personal injury claim?
An employer cannot lawfully dismiss you simply for exercising your legal rights, and dismissing you because you brought a genuine injury claim would usually be unfair. The exact protection depends on the reason for the dismissal and the facts.
Making a compensation claim and raising a health and safety concern are not always treated the same way in law, so we will look closely at what actually happened. What was said, when the claim was made and how your employer reacted can all be important.
Does making a claim affect your job?
An accident at work claim is about compensation for your injury and losses. It is separate from your employment relationship.
Your employer can, and usually will, carry on employing you while the claim is dealt with. You may need time off to recover before you return, but that does not by itself give your employer a reason to dismiss you because of the claim.
Can you claim compensation and keep working?
Yes. Making a claim does not normally require you to leave your job.
For example, an employee injured by defective equipment can seek compensation while remaining employed. The claim is handled by the employer's liability insurer, which pays any compensation, but the insurer has no say over your employment rights.
Good to know: Employers are required by law to have employers' liability insurance. That is exactly what the insurance is for, so a claim should not be treated as a personal attack on your employer.
What if you are dismissed after a workplace accident?
Being dismissed soon after an accident or a claim can raise serious questions, but timing alone does not prove the dismissal was unlawful. Your employer may say there was another reason, and whether that reason stands up depends on the evidence.
If you believe you were dismissed because you raised health and safety concerns, reported dangerous conditions or took other protected action, the Employment Rights Act 1996 gives specific protection. Our unfair dismissal lawyers can advise on this side of things.
Does health and safety protection apply to you?
The law protects employees who are dismissed or suffer a detriment because they took certain action over health and safety. A dismissal for that reason can be automatically unfair, without the usual qualifying period of service.
Not every employee involved in an injury claim will automatically fall within this protection. The precise reason for your employer's action matters.
What if your employer makes your life difficult?
You may be worried about reduced hours, unfair treatment, disciplinary action or pressure to drop your claim.
These situations need careful assessment. We can consider whether the conduct amounts to an unlawful detriment, whether health and safety protections apply, and whether you have grounds for a claim at an employment tribunal.
What should you do if you are dismissed?
Do not assume that being dismissed means your injury claim has failed. The two matters are legally separate and can run side by side.
- Get advice quickly Employment tribunal time limits are short and the rules have been changing, so speak to a solicitor as soon as possible.
- Keep everything in writing Save your dismissal letter, emails, messages and any notes of meetings.
- Write down a timeline Note the dates of the accident, your report, your claim and any change in how you were treated.
- Carry on with your injury claim Your right to compensation for the accident does not end because your job has.
Our employment tribunal lawyers can tell you exactly which deadline applies to you.
What evidence helps?
Keep the accident report, photographs, medical records, correspondence and witness details. Emails or messages between you and your employer may also become important. Our guide on what to do immediately after an accident at work explains what to gather.
If your employer's negligence caused the injury, evidence about training, equipment and risk assessments will help show what happened. We will need to understand both the accident and what happened afterwards.
Can you make an accident at work claim against your employer?
Yes, if there is a legal basis for it. Being injured at work does not automatically mean your employer is liable, so we will look at the duty of care owed to you, how the accident happened and the evidence available.
Where liability can be shown, our accident at work solicitors can pursue compensation for your injury and financial losses. Claims are run on a No Win, No Fee basis, and our guide to what a No Win, No Fee agreement actually costs you explains how that works.
Talk to us about your situation
Stewart Gordon Thomson Law Firm can look at both your injury claim and any concerns about your job, and explain your options under Scots law. You can also find out more on our personal injury lawyers Glasgow page.
Worried about your job after an accident at work? Speak to a solicitor, not a call centre. Your first hour is free and claims are No Win, No Fee.
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