Can I be sacked for having an accident at work?

What can I do if I've had an accident in the workplace?

Accidents can happen anywhere, including at work. However, it is the responsibility of your employer to take measures to lower the risk of accidents.

This duty of care is outlined in The Health and Safety at Work Act 1974 and means that your employer has a responsibility to provide a safe working environment, proper training and equipment, and protection.

If your accident was caused by faulty machinery, incorrect protective equipment, or an unsafe system of work, this could be the result of negligence from your employer, meaning they are liable. If you have an accident at work, you should follow the prodecures laid our by your employer, this will more than likely be an accident report. In cases where your employer is liable, you may be able to claim for your injuries.

What if I was injured in the accident?

If you were injured in an accident at work, you have a right to claim compensation from your employer, even if you feel a colleague was responsible for the accident.

Legally, every employer must have employers' liability insurance. This is to ensure that if an employee makes a claim for compensation after an injury in the workplace, they are able to compensate them. If you have had an injury at work that was not your fault, and you think could have been prevented, contact our leading personal injury law experts. They will listen to your story and offer legal advice on your next steps that are specific to your case.

Can I be sacked for claiming against my employer?

If you choose to make a personal injury claim after having an accident at work and suffering an injury, your employer legally cannot sack you. Fair dismissal from work must fall under the five reasons set out in Section 98 of the Employment Rights Act 1998. These include:

1. Not having the capability or qualifications to do the job you were employed to do.
2. Gross misconduct
3. Your job is being made redundant
4. Another law conflicts the terms of your employment
5. Other “substantial reasons” that your employer would need to be able to prove to an employment tribunal was justified.

If you are dismissed from your position and the reason does not fall under one of the reasons above, you may have a case for unfair dismissal.

If your employer had failed in their responsibilities or their duty of care and it has led to an accident, injuries or illness, you are entitled to claim for compensation.

What can I do if I've been unfairly dismissed after an accident at work?

If you were unfairly dismissed after an accident at work, you can contact our expert employment solicitors. Claiming for unfair dismissal is a multi-step process that can become quite complex. Having professional support from an employment law expert will help ensure you get the compensation you deserve.

To find out more about unfair dismissal’s, visit our website here or call us on 0330 041 5869.