Can I Be Sacked For Having An Accident At Work?

As an employee, you can not be dismissed or ‘sacked’ for having an accident at work that was not your fault. Being injured in an accident which was not your fault does not constitute legitimate grounds for dismissal. Employment law, such as the Employment Rights Act 1996 (ERA), protects workers from being unfairly dismissed without a valid and lawful reason.

However, if your own negligent actions or gross misconduct caused your accident and resulting workplace injury, you may be dismissed. Legally, you may also be dismissed if you do not have the qualifications or capability to carry out your job, or for another substantial reason.

If you are still wondering, “Can I be sacked for having an accident at work?” or are otherwise concerned about your circumstances, you can contact our team.

Your Employer’s Responsibility

Your employer is responsible for your health and safety while you are performing your work duties and must take reasonable and practicable steps to prevent you from being injured in a workplace accident. An employer’s responsibility is set out in different health and safety regulations, such as the Health and Safety at Work etc. Act 1974. This duty of care is owed to full and part-time staff, those on zero-hour contracts, contractors, and other workers.

If your employer fails to adhere to their duty of care, and this causes you to suffer an injury in a workplace accident, you could be eligible to claim compensation for the injuries you suffered.

If you were not responsible for the accident or if you make a valid compensation claim, your employer cannot dismiss you for this.

If you have been injured in an accident at work, contact our advisors today to see how we may be able to help you.

Would Filing An Accident At Work Claim Be Grounds For Dismissal?

No, filing an accident at work claim is not generally legitimate grounds for dismissal and may be considered unlawful retaliation. As discussed, your employer has a legal duty to ensure your working environment is safe. In addition, you have a right to claim compensation for injuries caused by an accident which was not your fault and caused by their negligent actions or inactions.

However, there may be instances in which you may be dismissed in relation to an accident at work. For example, where your own misconduct contributed to the accident taking place, your employer may have grounds to dismiss you.

It should be noted that in these cases:

Split liability claims may still be made if you were only partially responsible for the accident. This means any compensation you are awarded would be reduced in accordance with how much you were deemed to have contributed to the accident.
They must have sufficient cause and evidence to dismiss you.

If you are still wondering, ‘Can I be sacked for having an accident at work that I was only partially responsible for?’, you can contact our advisors.

How Your Sick Leave Could Be Affected

An accident at work could affect how your sick leave is managed and paid, your income may be reduced if entitled only to Statutory Sick Pay and longer absences or the inability to return to work could further impact your earnings.

Employers do have legal grounds to dismiss an employee if they are unable to carry out their duties; however, they should attempt to provide alternative workplace duties for them prior to this

If you have been injured in the workplace, contact our advisors to see how we could help you.

How To Start A Claim Against Your Employer

To start a claim against your employer for an accident at work, you need evidence showing what injuries you suffered and how your employer was liable for them, such as your medical records and accident reports.

Relevant evidence may differ depending on the individual circumstances of your case, but could include:

Details of any witnesses who could corroborate your account of how the accident occurred.
CCTV footage of the accident taking place.
Photos of your injuries and the scene of the accident.
A copy of the workplace accident report log.
Medical records detailing what injuries you suffered and the treatments you received.
The findings of an independent medical appointment. This may be organised by a solicitor from our panel.

Additionally, you must start your claim within the 3-year time limit. This runs from the date your accident took place, as set out within the Limitation Act 1980. You can learn more about this and the exceptions that apply in our accident at work claim time limit guide.

Please contact us to learn more about how to start a claim against your employer for your workplace injuries.

The Amount Of Compensation You Could Get For Your Accident

The amount of compensation you could get for your accident is dependent on the type and severity of injury sustained and whether you experienced any financial losses. Typically, compensation settlements may be made up of general damages (for your injuries) and special damages (for financial losses caused by these injuries).

The Judicial College Guidelines (JCG) may be used by legal professionals to help determine how much compensation could be awarded for different forms of injury. This is because the JCG lists compensation guidelines for a range of injuries based on severity. We have taken examples from the JCG to create the following table, aside from the first entry. Please use this table for guidance only, as none of the figures are guarantees.

Injury	Severity	Compensation bracket
Multiple severe injuries and special damages (lost income, medical bills, care costs, etc).	Severe.	Up to £1,000,000+
Brain damage	Very severe - little or no meaningful response to surroundings.	£344,150 to £493,000
Post-traumatic stress disorder	Moderately severe -Better prognosis with some recovery with professional help.	£28,250 to £73,050
Neck injury	Severe (iii) - such as dislocations and fractures.	£55,500 to £68,330
Back injury	Moderate (i) - covering a wide variety of back injuries.	£33,880 to £47,320
Leg injury	Less serious (i) - incomplete recovery from a fractue or soft tissue injury.	£21,920 to £33,880
Ankle injury	Moderate - such as ligament tears and fractures.	£16,770 to £32,450
Elbow injury	Moderate to minor - this includes most elbow injuries.	Up to £15,370
Achilles tendon injury	Minor - injury resulting in some tendon damage.	£8,870 to £15,370
Wrist injury	Uncomplicated Colles fracture.	Around £9,070

Special damages could compensate you for financial losses caused by your workplace injury. Common examples may include:

Medical treatment costs, such as surgery, consultations, or medication.
Care costs, provided by a loved one or a professional service.
Loss of earnings due to time off work, lost workplace benefits, and lost pension contributions.
Therapy costs, such as physiotherapy, counselling, or other services.

You must provide evidence of any financial losses you intend to claim. This may include invoices, financial statements, and receipts.

Please contact our team for an assessment of your personal injury claim.

How Our Panel Of No Win No Fee Solicitors Could Help

A No Win No Fee solicitor from our panel could help you by assessing whether you could be eligible to make an accident at work claim and individually tailoring their services to meet your needs. When you first get in contact with one of our advisors, they can help determine whether you have a valid workplace accident claim.

If you have an eligible claim, they could connect with a No Win No Fee solicitor on our panel who could offer their services and support under a Conditional Fee Agreement (CFA). By doing so, they will not request any payment for their services in advance or during the claims process. If the claim fails, there are also no fees for the solicitor’s work. A success fee will be deducted by the solicitor if you win your claim. This is calculated as a (legally limited) set percentage of your compensation.

Some of the excellent services a solicitor from our panel could offer you on a No Win No Fee basis include:

Explain how the claims process works and provide guidance on doing so.
Organising an independent medical assessment of your workplace injury.
Helping you to access services such as physiotherapy.
Negotiate with your employer, former employer, or their insurance company.
Ensure your compensation covers your psychological, physical and financial suffering.

Contact Public Interest Lawyers To Begin

Contact Public Interest Lawyers today to discuss your case, or if you have any questions, such as ‘Can I be sacked for having an accident at work?’.

Call an advisor on 0800 073 8803.
Talk to us live online.
Send the details of your case via our contact form.

More Information

More information on accident at work claims:

Find out if you get full pay if injured at work here.
Learn about claims for a part time accident at work.
Check how to report a workplace accident here.

References:

Learn more about employment and worker rights in this government resource.
Learn about managing risks in this resource from the Health and Safety Executive (HSE).
Find information on First Aid in this NHS resource.

Thank you for reading this guide. Hopefully, we have answered the question ‘Can I be sacked for having an accident at work?’.

Can I Be Dismissed After An Accident At Work?

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Can I Be Sacked For Having An Accident At Work?

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