If you are injured due to an accident at work, or suffer an illness because of your workplace, you may wonder whether you can be dismissed for bringing a personal injury claim for your injuries.
However, the simple answer to this question is no, you cannot get sacked for making a claim. In any situation where somebody breaches their duty of care to another person, resulting in injury or illness, the injured party is entitled to seek compensation and employer–employee relationship is no different.
If you are unfortunate enough to sustain an injury whilst in the course of your work and the accident was caused by negligence of your employer, you may be considering pursuing a claim for personal injury. This will not only compensate you for the pain and suffering you have endured but also for any financial losses you have sustained as a result which will include any loss of earnings.
You may however be concerned about the risk of losing your job as a result of making an injury at work claim, or creating such bad relations with your employers, that you are forced to hand in your resignation.
Health & Safety at Work Regulations 1999
Under the management of Health and Safety at Work Regulations 1999 employers have a duty to ensure the safety of their employees’.
In practical terms this means that your employer must:
- Take all reasonable steps to ensure that you are safe and free from harm whilst at work
- Provide you with adequate training on how to carry out your work without the risk of injury
- Carry out risk assessments to ensure that the working procedures and equipment that are in place are safe and carry minimal risk of injury.
If your employer fails to carry out their duty of care and, as a result, you suffer injury or illness during the course of your work you are entitled to make a claim against them for personal injury compensations.
Legally you cannot be dismissed after an accident at work simply because you have made, or are thinking about making a claim for compensation for your injury at work. If your employer attempts to do so then you are entitled to make a claim for unfair dismissal. Similarly, if the relationship with your employer begins to break down, and they begin to make your working life unbearable, simply because you have made a claim against them you may feel that you have no option but to hand in your notice, again you would have a very strong case for constructive dismissal.
If you have been injured at work it would be advisable to discuss your concerns, and your potential claim, with and experienced personal injury solicitor who specialises in work accident claims. Although you have three years from the date of accident in which to bring a claim it is recommended to seek legal advice as soon as possible after the event.
At P.A. Duffy & Co Solicitors we can help you so please make a free enquiry today.