Can you sue your employer if you get hurt on the job? This depends on the circumstances of your injuries. You can only claim against your employer if you can prove that they were liable for the harm you suffered. This guide gives a basic overview of why and how to make a personal injury claim against your employer. And how a lawyer working on a No Win No Fee basis can help you.
Each claim is unique in some way, and you might have questions we didn’t answer in this guide. If you do need more answers, call and talk to our claims team on 0800 408 7825. Or use our contact form to ask us to call you back.
Select A Section:
- Can You Sue Your Employer If You Get Hurt On The Job?
- Check That You Are Within The Limitation Period For Your Claim
- What Should I Do If I Was Hurt On The Job?
- Could I Be Fired Or Penalised For Suing My Employer?
- Check How Much You Could Sue Your Employer For After Getting Hurt At Work
- Get Answers To The Question, Can You Sue Your Employer If You Get Hurt On The Job? By Contacting Us
Can You Sue Your Employer If You Get Hurt On The Job?
Can you sue your employer if you get hurt on the job? If you can show that your employer has failed to provide you with a safe working environment, you may be able to. Your employer has to comply with a whole range of laws that should ensure your safety. Including the Health and Safety at Work etc. Act 1974. The employer has a legal duty of care to make sure you are safe at work. Their compliance is monitored and policed by the Health And Safety Executive (HSE).
No workplace is 100% safe. Through this piece of legislation, your employer is expected to take reasonable steps to keep you safe, however, they cannot prevent all incidents of injury. If you are injured at work due to your employer’s failure to adhere to health and safety legislation, you could be able to make a claim. A personal injury solicitor can help you with this.
Check That You Are Within The Limitation Period For Your Claim
Can you sue your employer if you get hurt on the job? Possibly, as long as you begin your claim within the time limit that is in place. You must start proceedings within this limit. It won’t matter how long it takes your personal injury lawyer to resolve the claim, as long as it has been started within the time limit. As shown below.
- In most cases, the time limit is 3-years from the event that caused your injuries.
- For people under the age of 18, the time limit is 3-years from their 18th birthday.
What Should I Do If I Was Hurt On The Job?
Can you sue your employer if you get hurt on the job? Possibly, but there is a caveat here. If you are hurt at work, suing your employer will rely on you proving that the employer was liable in some way. When seeking compensation, you need to show that your work-related injury was caused by your employer’s negligence or possibly by another employee’s negligence. Here are some steps you may wish to take.
- Seek medical treatment for your injuries even if it was a minor accident.
- Report the accident and fill in the accident book.
- Take photographs or videos of the cause.
- Gather contact details for any witnesses.
- Contact our team to find out how to start a claim.
Could I Be Fired Or Penalised For Suing My Employer?
Can you sue your employer if you get hurt on the job? Yes, in some cases, and you should not fear your return to work. If you made an honest accident at work claim due to an employer’s negligence your employer must not take any action against you in retaliation.
If your employer does take action, or you are treated differently when you return to work, you could be able to make a further claim. For example, you could take your employer to a tribunal for unfair or constructive dismissal.
Check How Much You Could Sue Your Employer For After Getting Hurt At Work
Personal injury claims that result in a settlement can have two heads of claim. General damages are paid to compensate you for the pain and suffering you went through. Either physical or mental. We have included the table below, giving example compensation ranges, to help you get an idea of how much you might be able to claim.
We based this table on guidelines that are produced by the Judicial College. The same guidelines are used by the court system for evaluating injuries. You might also be able to use a personal injury calculator to get a rough estimate.
|Health Issue||Level of Severity||Damages Range||More Info|
|Foot||Modest||Up to £12,900||Metatarsal fractures, ruptured ligaments, puncture wounds, and other injuries. Chronic pain, limping, and aching are examples of persistent symptoms.|
|Jaw fracture||Very serious||£28,610 to £42,730||There are multiple fractures, for example, that may require very long treatment time and have lasting effects.|
|Toe||Moderate||Up to £9,010||It may be a new fracture or an older injury that has been aggravated. There may also be lacerations affecting more than one toe. There could be permanent scarring and ongoing problems with the toes at the upper end of this spectrum.|
|Ankle||Severe||£29,380 to £46,980||In this case, there could be extended treatment needed. Or there could be a need for surgical plates and pins to be used. The ankle would be weakened, and there would be some level of ongoing disability.|
|Eye||Loss of sight in one eye||£46,240 to £51,460||There might be a minor risk of sympathetic ophthalmia. There may also a possibility of minor scars included in this bracket.|
|Mental Harm||Severe||£51,460 to £108,620||The injured person will suffer negative affects to all aspects life. There will be a very poor prognosis for recovery.|
|Mental Harm||Moderately Severe||£17,900 to £51,460||Moderately severe psychiatric injury will mean all aspects of life will be affected but there is a chance for some recovery.|
|Brain Damage||Very Severe||£264,650 to £379,100||The person will have very severe brain damage and may only be able to respond to very basic commands. They might be able to open their eyes and have a normal sleep pattern.|
|Brain Damage||Moderately Severe||£205,580 to £264,650||There will be a need for constant and ongoing care, for either cognitive impairment or physical impairment due to paralysis.|
Special Damages Explained
You might suffer the loss of finances, alongside your physical or mental harm. In some cases, it could be possible to claim all or some of these losses back. These could be losses you already faced or losses that you are predicted to encounter.
For example, if you lost income due to taking unpaid time off from work, or you paid private medical fees, you might be able to claim these back. Our team of expert advisors can tell you more if you get in touch.
Get Answers To The Question, Can You Sue Your Employer If You Get Hurt On The Job? By Contacting Us
If you are hurt on the job, in an accident at work, you can ask a No Win No Fee solicitor to evaluate your claim for you and find out if it is valid.
A No Win No Fee agreement means you don’t pay upfront fees to your solicitor, and your lawyer won’t ask for a fee as the claim is processed, no matter how long it takes. No Win No Fee also means your lawyer won’t collect a fee if the claim fails. If it is won, a legally limited success fee will be due.
Do you have more claim related questions? Such as can you sue your employer if you get hurt on the job? Then our claim advisors are here to help you. You can contact them using the info below to get any help you need.
Call us on 0800 408 7825
Use our webchat or contact form
Here are a few other guides.
Some useful web links.
Article by AH