Could I lose my job if I make a work injury claim?Updated: March 26, 2020
You may feel reluctant to make an injury claim for fear of losing your job.
It is not legal for your employer to dismiss you because you have made, or are thinking about making, a claim for an injury sustained at work.
If your employer terminates your employment in response to an injury claim, you may be able to make an employment tribunal claim for unfair dismissal.
What does the law say?
The law on this issue is very clear: no employee may be 'sacked' for filing an accident at work personal injury claim.
Under the Management of Health and Safety at Work Regulations 1999, employers have a legal duty to provide a safe environment for their employees.
If your employer is in breach of their duty, and you were injured as a result, you have the legal right to seek compensation. Your employer can not change your contractual terms and condition or working relationship because of a compensation claim.
What if I have only been working for my employer for a short time?
It doesn't matter if you have been working for our employer for a few weeks or for several years.
Regardless of whether you are seeking compensation for an accident on a building site, or a slip or trip in the office, it is unlawful to fire you if the reason for the dismissal is that you have started (or want to start) a compensation claim.
What if I am forced to resign?
Sometimes an employer might not dismiss you directly but instead, make your working life so unbearable that you feel you have no choice but to resign. This is known as 'constructive dismissal'.
It is illegal to constructively dismiss someone for exercising their legal right to claim compensation for a work-related injury. As with an unfair dismissal, you can claim compensation for constructive dismissal.
What can I do if I am threatened or coerced by my employer?
The law is on your side. Employers cannot threaten to dismiss you if you make a claim, or otherwise imply that your job is on the line.
Any employer making such threats could face legal action in relation to his coercive behaviour, in addition to the personal injury claim.
What should I do next?
If you feel you have been treated unfairly by your employer or former employer, or you lost your job following an injury at work, you may want to discuss your options with a solicitor, or a union representative if you have one.
If you have an injury claim underway or are planning to start a claim, you should explain how your employment has been affected by your injury and how you have been treated by your employer.
If you have been injured at work in the last 3 years, you may be able to claim financial compensation.
Find out more about making a work accident claim:
- Do you qualify?
- How much compensation could you get?
- How does No Win, No Fee work?