Does claiming put your job at risk?

Making a claim against your employer can be daunting, but there are laws in place to protect you from being unfairly dismissed or treated differently, such as the Employment Rights Act 1996 . Quite simply, it’s illegal for you to be fired or disciplined for making a claim against the company you work for. But in the unlikely event that you do lose your job, you’ll be able to take legal action against your employer.

What should you do if you’re injured at work?

Every workplace, in every industry, should have a procedure in place for when somebody is injured - this protects both the employers and employees.In the shock of an accident, it can be difficult to remember what to do. If you have the chance, taking the steps below can help when it comes to making a compensation claim:

Will you get paid for being off sick?

After you’ve suffered from an accident at work, it’s likely you’ll need to take some time off work while you recover. If you need more than four days off sick in a row after your work accident, you should be entitled to Statutory Sick Pay (£94.25 per week as of January 2020) as a minimum. However, many employers are more generous than this and will pay more. It’s likely that your contract of employment will say what your entitlement is for sick pay - or your employer will be able to tell you if they use a sick pay scheme. If your employer is clearly liable for your injuries, they might agree to give you more sick pay, even if they don’t have to.

What if the accident was partly your fault?

Although your employer has to take measures to make sure you’re safe while at work, you and your colleagues also have a responsibility to make sure you’re not putting yourselves or each other at risk of injury. In some cases, staff can be injured because of their own carelessness. But in other cases, an accident could be both the employee’s fault - and a result of the employer’s breach of health and safety rules. For example, if an employer has not provided full safety equipment to a worker operating a cutting machine, and that worker ignores clear safety signs and suffers a head injury or hand amputation, both could be held partly responsible for the injuries. If you’re partly at fault, you might still be able to make an injury claim, but the amount of compensation you receive will be lower to reflect the extent to which you were to blame.

How long do you have to make a work accident claim?

You have three years after your accident at work to start legal proceedings for injury compensation, otherwise you may be out of time under the Limitation Act 1980 . However, if you’re claiming on behalf of someone who has a mental disability - for instance, your spouse was seriously injured in a work accident and has lost their mental capacity as a result - this three-year period doesn’t start to run until they’ve regained their mental capacity.

Accidents at Work Compensation

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  What should you look for in a lawyer? Our guide will give you information on the accreditations and professional bodies to look out for.
- Guide to Personal Injury Claims
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  Get information on how to make a claim after suffering a personal injury.
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Making a claim
- No Win No Fee
  Find out how No Win No Fee offers a risk free way to pursue a claim. We explain how fees, solicitors and compensation work.
- Submit Your Claim
- Compensation Claims Process
  Get an overview of the claims process, and if you still have any questions, check out the most common questions below.
- Frequently Asked Questions
- Injury Lawyers
  What should you look for in a lawyer? Our guide will give you information on the accreditations and professional bodies to look out for.
- Guide to Personal Injury Claims
- Personal Injury Claims
  Get information on how to make a claim after suffering a personal injury.
- Legal Dictionary
Types of claims
Compensation calculator
Charity
About
- About Us
  Find out more about the history of claims.co.uk and what we do.
- Engineering for Access
  Our yearly student engineering award.
- Contact Us
  Get in touch with us if you want to discuss anything related to the claims.co.uk website.
- Student Nurse Recognition Award
  Our yearly student nurse recognition award.
- Privacy Policy
  Find out how we handle your personal information.
- Terms & Conditions
  Read the terms and conditions for using the claims.co.uk website.

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About the Author

Nicola Laver LLB

Nicola is a dual qualified journalist and former solicitor. She is a legal journalist, editor and author with more than 20 years' experience writing about the law.