Can I be sacked for having an accident at work and making a claim?

By Ian Morris | Updated December 12th, 2022

98 questions have been answered on this subject, why not ask your own?

Many people worry about their job security after being injured at work or how it will affect relations with their employer, especially if they want to seek compensation. The common concern is that claiming against your employer might result in you being sacked. Or, if not sacked, then cold-shouldered, harassed and effectively forced to resign.

First things first: in most cases, fears like this are totally unfounded. You can’t be fired for an accident that wasn’t your fault, or for making a legitimate compensation claim against your employer for your injuries, and such a claim is unlikely to cause you issues at work.

In short, you should think of a compensation claim as a fair legal process rather than something which could antagonise your employer. We deal with countless cases that are resolved without any ill feeling.

Now let’s cover the situation in more detail.

How your employer should handle accidents at work
I’m worried I’ll be sacked if I make a claim. What are my rights?
What happens if my claim causes bad relations with my employer?
How to win your claim and keep your job
Comments – your questions answered

How your employer should handle accidents at work

By law, UK employers have a duty of care to their staff if they are injured at work. All employers should have a published policy known of by key staff members and put in to place whenever the worst happens.

Good employers will deal with accidents in a professional and effective manner. They will record details of an accident in their accident book, report it to the HSE via RIDDOR if required, and not stand in their employees way should they need to make a claim for compensation. Bad employers will be less helpful, they may try to prevent access to the accident book and be obstructive towards staff who are injured, perhaps even threatening them with the sack.

Most employers will act with integrity in the case of an accident, but some may try to pressure you into signing a form that effectively asks you to accept liability for the incident. Try to avoid doing this (although depending on the situation, a tribunal or court may choose to disregard it in any case).

The government has a number of health and safety guidelines that must be followed and it is an employer’s legal obligation to ensure that these guidelines are implemented. If they haven’t been, then your employer is negligent and you have the right to claim compensation.

I’m worried I’ll be sacked if I make a claim. What are my rights?

Your rights are simple. Your employer is not allowed to fire you for proceeding with a legitimate claim. Remember, all employers are required by law to have insurance in place. Employees sometimes hold back from making a valid claim after an accident, wrongly thinking they’ll be leaving their employers out of pocket. But if you do make a successful claim, any compensation will be paid by the insurance company, rather than your employer.

Apart from keeping your job, you also have other rights if you’ve been injured in a work accident, such as being placed on light duties until you recover. Be aware that there’s a three-year limit associated with workplace-related personal injury claims. These claims can sometimes be time-consuming, so our advice would be to get the ball rolling early. The three years begin from the time of the accident.

One other important point. If you do find yourself in a situation where you’ve been sacked following a legitimate claim – which is thankfully rare – you would then have a further case to claim for unfair dismissal. Employees can only be sacked after an accident for their own gross misconduct, or for being drunk or intoxicated at the time of the incident.

What happens if my claim causes bad relations with my employer?

If you work for a large company with an HR department, the firm may not even be aware that a claim’s taking place. Only if you work for a smaller firm, with no HR personnel, might you be unlucky enough to receive negative treatment – and even then, this would be rare.

The majority of reputable employers will view a valid claim in a rational way, rather than seeing it as personal. The truth is, however, that a minority of small businesses do occasionally take claims badly, and may even retaliate by making things more difficult for their employee. If relations between you and your employer do start to sour, to the point where you’re being harassed and unfairly treated, you may feel you have no option but to resign. In this instance, you could have a case for constructive dismissal.

Our partner firm has a leading employment law team who can give advice on your rights, and on what your employer can and cannot do. If, as a result of making a claim, your employer’s behaviour changes and your working environment becomes toxic, it’s important to seek advice immediately.

For constructive dismissal claims, you need to make a claim within three months of resigning.

How to win your claim and keep your job

To help your work accident claim, there are certain steps you are within your rights to take in order to prove what happened.

Firstly, report the incident to your employer as soon as possible. Try to ensure there’s a written record of the accident, ideally in the accident book, or you can put it in writing to your employer by other means. Never sign a report that is inaccurate – especially if you haven’t had a chance to read it or contribute to it.

Try to take photos of your injuries, and the place where the accident occurred. If you’ve been asked to work in an unsafe location, for example, you’ll need to prove this. Should you be too badly injured to take photos yourself, and it’s feasible to ask someone else to do this, always do so.

That said, it’s worth pointing out that if taking photos proves impossible, there’s no need to panic. It certainly doesn’t mean your claim will fail.

Another important piece of advice is to seek medical attention for your injuries. If you’ve been badly hurt this goes without saying, but if your injuries are genuine yet more subtle – or likely to worsen over time – then medical advice won’t just help you in the short-term, it will also give you further evidence to submit, in the event of a claim.

If negligence can be shown, and if you’ve suffered loss of earnings, been negatively impacted or been unable to work as a result of your injury, then there’s a strong chance your claim will be successful. The amount that’s due to you will depend on various factors, including the nature of the accident, the severity of the injury and the length of time you’ve been affected.

It goes without saying, of course, that you need to be honest throughout the process. If any part of a claim is dishonest or misleading, it could lead to the claimant’s employment being terminated. The risk of criminal prosecution could also come into play.

Any other questions? Feel free to get in touch for a no-obligation consultation.

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Questions

Read on for questions and advice about claiming...

I had a couple injuries in work from
Robbery was traumatic. Company started to manage me out got the sack
I believe because of PTSD it effected my
Work.
Also getting over cancer at the time

Please call us on 01225430285 (or request a call via our website) as you’re likely to be able to pursue a claim for personal injury compensation for the injuries and psychological trauma caused to you in the incident at work. In such a case, there are two potential claim routes to consider. The most likely is the Criminal Injuries Compensation Authority scheme for the victims of injuries sustained in criminal incidents – which this clearly was. This scheme is a government funded statutory scheme and our Solicitors can assist you in making a claim. The less likely route, but certainly one to consider is whether the employer was in any way negligent in ensuring (so far as possible) your safety in such an incident. If perhaps the business didn’t have sufficient security measures or they could have done more to make you less vulnerable to physical and psychological harm in such an incident, our Solicitors can pursue a claim against them on the basis of employer negligence.

My son was assaulted at work by a customer and has facial injuries from hitting a machine in the workplace. He has only been there a few days and has been sacked by the company through no fault of his own. Is this legal?

Sadly, there is very little that can be done in employment terms as your Son was so new to the workplace. As such, an employer can easily terminate the employment of someone without having to provide any real justification.

Your Son however has rights to pursue a claim for personal injury. Whether the claim would be against the former employer is uncertain as the injuries would appear to be a criminal matter. That said, our Solicitors can assist with either a claim against the employer or through the Criminal Injuries Compensation Authority (CICA) scheme for the victims of criminal injuries. It would be a very sensible move for your Son (if he hasn’t done so already) to report the incident to the Police and obtain a crime reference number.

If you/your Son would like to further discuss a potential No Win No Fee claim, please call us on 01225430285 or you can request a call from us via our website.

I got injured at work and my heel was left swollen, sore and bruised. I was limping for days. I have now been fired from my job for it and I feel cheated.

How did you sustain your injury? We may well be able to help you to pursue a claim for personal injury compensation against your former employer, but need to know more about the accident that led to your injury in order to advise you further.

Can you be sacked for being of sick with a back injury that was my fault? I’ve got a sick note back injury.

You can’t be dismissed for simply being away from work with an injury or illness. However, if your absence record is of concern to your employer, they may wish to take you through a disciplinary process regarding the matter. The employer MUST follow due process and would only be able to dismiss you if you had previously been taken through the process and issued a formal warning etc.

I fell down a hole at work, which will result in knee surgery, either a knee reconstruction or a knee replacement.
My employer says that they are not responsible as it happened at another employers property, however I was sent there by my employer. I am concerned as surgery will take 12 months to perform, I am unable to do my usual job and I am now working from home in another role however this may end and result in me being made redundant or dismissed. Can you please advise me?

The liability in this incident will, if a claim is able to proceed successfully, rest with the landowner/occupier of the site where the accident happened. Although you were on duty for your employer, the 3rd party company have a responsibility to ensure safety on their premises.

I worked for a parcel despatch company as forklift driver, I was given the additional duties of loading industrial paint tins 20 – 25 litres and various boxes containing various liquid and chemicals of size and weight into cages for distribution labels on boxes have been known say 20-25kg.

But has been known on many occasions be heavier as had weighed box. I’d noticed started having issues with back and legs, was reluctant to get seen by my gp, things started to get that bad I tried the usual couple weeks off see if it helped.

Then finally consultation over phone with gp result in medication for couple months to see if eased, was given my contract by the employer and given more duties which seemed to put more and more pressure on me to rush get orders ready.

Then things was getting worse, finally went be examined by GP who diagnosed sciatica and mobility was getting that bad after couple of weeks I had be signed off by a note which in the end result in me waiting for MRI Scan. In this time received phone call from the boss himself enquire when I was to return to work. I’d informed him was waiting for MRI Scan at the Royal hospital Liverpool as could not give a time or date until I had the results if surgery or physio was needed.

He then informed me there and then on phone I was being issued my weeks notice of termination in the November. I wasn’t sure they could terminate me as was still covered by my note.

I didn’t really want to go down this route but seems to me that the employer wasn’t really bothered about my welfare especially after injury and surgery they only bothered about if job done or not.

You appear to have a valid claim for compensation on the grounds of employer negligence with regards to their handling of health and safety in the workplace, particularly in terms of manual handling safe lifting of stock.

Hi, I work in a warehouse and last week my foot slipped on some loose sand an earlier shift failed to clean off the floor properly, i was wearing the correct PPE and my foot only slipped a few inches but my knee has been swollen for several days now and been getting some pains. I reported it the next day at work and it’s all logged in the accident book with a witness statement. I feel like I would be entitled to make a claim but other people have told me not too as my place of work could try and find ways to force me out, if so would this be a case of unfair dismissal?

Your employer cannot legally dismiss you, discipline you, discriminate against you or reduce your rights at work if you opt to pursue a legitimate claim for personal injury compensation after an accident at work.

The majority of people injured in an accident at work are anxious about the prospect of making a claim for compensation against an employer. With this in mind, it is important that you realise that should you make a claim, the claim would be made against your employers obligatory employer liability insurance and would not directly impact on your employer or affect any of your colleagues. Further, I am of the view that you can attribute your knee injury to the negligence of the employer. As the sand had been on the floor from the previous shift, there had been ample time for the risk of injury as a result of the sand to have been identified and for the sand to have been cleared up. As the hazard was not spotted, removed or marked with any barrier or warning sign, you have every right to claim compensation.

My husband had an accident at work in 2018 and claimed compensation which resulted in a pay-out. However 3 years down the line my husband is still suffering with his back injury due to the type of job he is doing. His employer is forcing him to change department that will make the situation worse and is refusing to help him. What are his rights and what should his employers be doing? Could they be forced to sack him?

If an employee is no longer fit to perform the duties that they were recruited to perform, an employer is within their rights to redeploy the employee to a new position, or if no such suitable alternative is available, to terminate their position.

Will claiming put my job in danger?

Legally, an employer cannot discriminate against any employee who makes a legitimate and honest claim for personal injury compensation. You cannot be dismissed, have your hours reduced or lose any bonuses for pursuing a claim.

Hello, 2 weeks ago to this day I fractured my patella in my knee. I worked on Friday 9-5, but was told by the Consultant, I wouldn’t be able to work until they had performed an MRI scan on my leg as the x-ray showed it was fractured.
The first Friday my employer was OK, however Friday 23rd I was sacked from my job due to her needing someone employed as soon as possible. As it is only a shop and one person is running it at a time I don’t see it necessary to be sacked.

We are interested in the cause of your knee injury. How did that happen? We may well be able to help you to make a claim for compensation for both the injury and any associated loss of income caused by the injury.

What if my accident at work was no ones fault, but I can’t continue to do my job. Can I be dismissed or made redundant?

Please provide further information about the accident. You say that it was not any particular persons fault, but it could be that you would be able to make a claim for compensation. With more information, we can advise you on that.

In terms of being dismissed or made redundant, if a worker is left unfit to return to the role that they were employed to do and there is no suitable alternative position, an employer can terminate the position on the grounds of ill health. However, due process must be followed and you should seek separate specialist employment law advice on that should that situation arise.

I have just started a new job and 4 days into it I had an accident I ended up with bruising and a swollen back I worked through it until I could hardly even walk let alone work. I have taken 3 days off sick plus’s to days that I would normally get can they sack me for this as I am on probation and I’m really worried.

An employer is within their rights to terminate an employees position whilst they are on a probationary period – usually if their performance is poor or if they take extended or repeated periods of absence. However, in your case your time away from work can be justified by the employer as you were injured whilst on duty for them. It is unlikely that you would be dismissed, but they may wish to extend your probationary period.

In terms of the injury you had, how did it happen? It could well be the case that you could pursue a claim for compensation against the employer.

My son was cleaning a machine last Thursday when the rag he was using was pulled into a motor fan cutting his finger requiring 7 stitches.

He turned the medical excuse in the same day stating he could return to work on Monday. He did return on Monday and was terminated.

Your Son may wish to seek some specialist employment law advice, but the fact that his employment was terminated is not relevant to whether or not he has a right to make a claim for personal injury compensation for the laceration injury he sustained at work.

Your Son may wish to speak with us regarding the accident at work as we may well be able to pursue a claim for compensation against his employers for the injury sustained, the pain and discomfort caused and associated costs or losses.

I have an injury claim with my previous employer (he sacked me due to my injury) 2 1/2 years have now passed and my solicitor has dropped my case. I had 4 case handlers, very little contact with any, now a senior handler has dropped my case. I was told it was a very good case and due the the size of the claim a full partner would be taking over st some point. Now I’ve got 2 months left to get a new solicitor to take on my case, I’m not confident in that. I’m left disabled and unable to find employment.

The fact that you now only have 2 months remaining has put you in a very difficult position as such a short period of time remaining in a claim does make it hard for a Solicitor to take on a case. Although many (indeed most Solicitors) are against taking on a case at this late stage and the majority of our specialist Solicitors also take that view, you should not simply give up and allow the 3 years to pass without trying. There are firms and Solicitors out there who may be able to help you and we do have one specialist partner firm who are not against taking on claims with just a short period of the 3 years remaining.

You should certainly be making a formal complaint to the Solicitor firm in question (via their complaints procedure) and if they do not resolve the matter, you could then escalate it to the regulatory authorities and perhaps the ombudsman.

I had have been asking for suitable footwear since 2018, they are very slippery and not much slip protection, i have now had an accident where I’m now on long term sick. With an head injury.

Will I be sacked if I am still on sick after 28 weeks? My 28 weeks are up next week.

Have you pursued a claim against your employer for the head injury? If not, you should contact us to start the process.

As to whether or not they will let you go at the end of the 28 weeks, it is unlikely that they would do so immediately, but of course, if you remain unfit to return to work long term, your employer will eventually be within their rights to terminate your employment on ill health grounds.

My partner has worked for 27 years in a warehouse, some flatpack he moved was stacked incorrectly and fell on his foot and he had injury to his ankle. Took photos of flat pack and injury, had 3 weeks off work with sick notes went back to work for 2 shifts and then got suspended for investigation.

Cctv used clearly showing flatpack falling, he now has disciplinary next week they saying his fault it fell and clearly stating they think it was planned with him taking photos. His manual handling training is saying April 2020 and it was April 2019, statements have been put in from his friend who witnessed which is on cctv but cos his friend was on his phone and his head bent down on cctv they saying he couldn’t have seen the accident when he was facing my partner and only shows tops of heads on cctv. One of the managers has put he thinks my partner has told his friend what to say when it clearly shows on cctv the flatpack falling.

He had phone consultation with doctor and has pictures of his injury, they trying to say he pulled the flatpack incorrectly and it was his fault and disciplinary for gross misconduct. Can they actually sack him when it wasn’t his fault? Can he request cctv that other managers have already seen with him on it? It was reported in accident book after he took photos so they saying cos he took photos first they saying falsifying documentation and breach of health and safety, but the training was a year ago. Has he got a good case if they sack him? Thankyou.

There are two issues here – one relates to the injury at work (an area we can assist with) and the 2nd relates to employment law and his rights under such legislation. If the employer disciplines or dismisses him, he should seek immediate employment law advice regarding the process and his rights.

In terms of the injury to his ankle, if your Husband didn’t stack the items that fell on to him, he may have a valid right to pursue a claim. We would certainly be happy to assist with a possible claim for compensation.

Hi, I had 2 slips at work in 2 different times, there was no wet floor sign behind the bar where I work. It resulted in a knee dislocation both times, I took around a month off for the first time then I got sacked after 2 weeks off the second time. I never went and got treated for neither but I’m still having symptoms and It’s affecting my work life, can I still claim?.

If the accidents happened within the past 3 years (ideally within the past 2 & 1/2 years), we can further investigate the potential claims for you.

Were the details of the accidents recorded with the employer in an accident book?

Maybe the first time it happened, but definitely the second time as my mother had to pick me up from work

This is certainly something we would be happy to investigate and see if we can place your claim with our specialist Solicitors.

Injury and work preventing me from working and while being off sick terminated my contact for failing to turn up to a disciplinary, discomfort injury claim put in and liability admitted.

If your injury was caused in a non-fault accident, you can make a claim for personal injury compensation. If you haven’t already got a specialist Solicitor acting for you in your claim, we can help you with that and you can call us on 01225430285.

For advice regarding your employers decision to terminate your employment and whether or not they acted legally in doing so, it would be sensible to approach a specialist employment law Solicitor for specialist advice.

Hi, I had an injury at work and hurt my back. I was off with severe sciatica for 5 weeks. This was just before the Lockdown, I went back to work for one day and then we were laid off. I’ve just received a letter to say they are terminating my employment now due to unsatisfactory attendance as they extended my probation over the furlough period. Can I make a claim for an accident at work?

We can certainly look in to pursuit of a claim for personal injury compensation for you. As your back was injured at work, there is a possibility that the injuries could be attributed to employer negligence and we could therefore pursue a claim for you via our specialist Solicitors on our easy to understand No Win No Fee service.

Hi I hurt my knee at work while at work it got twisted and I been off just started work recently and was told by my employer not to come to work for good can they do that is that legal ?

An employer can’t simply dismiss you from work for being injured. However, they may be within their rights to terminate your employment if you are within your probationary period or if you have acted in a manner that would be deemed to be of gross misconduct.

We would like to discuss your knee injury with you as you may well have a valid claim for personal injury compensation against your employer for the injury you sustained whilst at work.

I was injured at work had a torn tendon and was given operation on my right arm. I also had a breakdown, I asked my work for counselling as was finding it hard to be at work due to mental health, as a result I was given a termination of employment, have I got a case?

There are two potential claims that you can look at in this scenario. We can help you with a possible claim for personal injury for the torn tendon injury and the impact that your workplace injury had on you and your usual lifestyle. Our expert staff and specialist Solicitors can assist you with this and work to obtain you compensation for the injury and recover any loss of income or other costs you may have incurred.

You may also have a separate claim under employment law regarding the dismissal from your work. This is a matter you should discuss separately with an employment law Solicitor.

It’s an accident at BT where I worked and union line care saying after 3 years that I cant claim cos there was no CCTV. The boss had to take me to hospital I was that bad, it went into the accident book and i pain into the union, also after 6 months of paying me sick pay I asked for a lighter job and they sacked me and said they are not a charity. I’ve lost a lot of money and been in debt and lots of pain. I’m under the hospital and doctors for my injuries. I still cant walk far. I’ve rang up again today and challenged them and they just didn’t listen.

As more than 3 years have passed since the accident, we cannot help you further as the statute of limitation would bar you from taking action.

Hi asking for grandson, he had an accident at work machine operator they use special gloves, they have recently changed the product and these did not work at protecting him and slicing his hand, he has had two weeks off work and has just gone back, they asked him to sign a liability form which he refused and they have sacked him? are they within their rights to do this?

Whether they are within their rights to dismiss your grandson is unclear. It certainly sounds somewhat dodgy and we would recommend that he seek advice from an employment law specialist on that issue.

We can however assist him in making a claim for personal injury compensation caused by the laceration to his hand. Should he wish to make a No Win No Fee claim for compensation, please ask him to call us on 01225430285

My sons hand was jammed in a bin lorry seat and this has caused him to have time off work, this happened by someone letting the heavy seat slam back on his hand causing severe recurring pain to his arm and hand.
Now the company are saying they are terminating his contract as he isn’t able to do the job anymore. Can they do this and can he claim from the company?

If your Son is no longer fit to perform the duties he was employed to perform, the employer would be within their rights to terminate the employment. However, as the injury to your Son was caused in an accident at work he does have the right to make a claim against the employer for the injury and to recover any lost wages incurred as a result.

We would be happy to further investigate this potential claim for your Son.

I have worked for a company for 30 years, they have sacked me for being on long term sick, they said they cannot find me any lighter duties so they terminated my employment.

To ensure that your employer has acted correctly and within employment law, you should make enquiries with an employment law Solicitor.

Employers can dismiss employees legally if they are found to be unfit for the work that they were initially recruited to perform. Clearly, employers must follow due process whilst an employee is off work on long term sickness leave.

I started a job on the November 16 2019 through a temp agency on November 20th 2019. The workplace I was sent to put me on a production line and I burnt both my hands from wrist to finger tips. They gave me 2 tiny packs of burn cream and had me hold a bag of ice then two more packs of burn cream and when I asked for more, I found that they had no first aid kits and they told me they had no more to give so I called my wife to bring me burn cream so I can finish my work day.

After they asked me what happened, they sent me back to the same line doing the same thing handling heat for the rest of my shift which burnt me more and more. The next day I returned to work for my shift with blisters all over my hands. I only had a few ‘Band-Aids’ but as the they went on my hand started to bleed all over the equipment. I had asked for more ‘Band-Aids’ at which they gave me two, but as my 12 hour shift went on they were falling off.

At this time I asked for more because I was bleeding everywhere and they told me I had exceeded my limit for the week. I asked my manager if they had a first aid kit and he told me no, so I had to use box tape and paper towel to tape my hands and palms. I spoke to another leader and told her OSHA would love to hear these concerns that to my knowledge it was against regulation to not have these safety equipment in the workplace. The next day on my day off I got a phone call from the temp service saying I was fired! Now I am out of work I don’t know what I can do .I feel like I was discriminated against and I fear they will do that in the future to someone else I don’t know what to do.

As a temporary worker, you have the same rights to protection under the health and safety at work act as a permanent or full-time employee. You also have the same rights to training and provision of personal protective equipment. In your case, the burn injuries you sustained may enable you to make a claim. However, was medical attention sought? Is there evidence available to establish proof of the injuries? Was an accident book record made at the time?

These are just some of the questions we would need to ask in order to establish whether or not you can pursue a claim against the employer.

Hello, I use to work at a bar and I slipped over behind the bar due to it being drenched and no wet floor sign (I was working on the floor before I slipped behind the bar) resulting in a dislocation in my knee. Not only did this happen once but twice I dislocated my knee twice within 5/6 months in same work place. I believe both incidents were recorded in accident book however I never went and got treated as it was my 4th dislocation and knew what to do. But then I was sacked as I couldn’t provide evidence or a sick note which resulted in me being in bed rest and no pay for 4/5 months. Will I be able to make a claim? Also my knee is still in a bad way.

Liability wise, you have the right to make a claim. The fact that the incident was recorded in the accident book would also provide evidence as to the fact that the accident happened at work. However, the issue you would have is proving the extent of the injury due to the lack of medical records meaning that there is no medical evidence available to support the claim in terms of injury. As a dislocation of a joint like the knee is a serious injury, it should have been treated by a medical professional in a Hospital. However, given the accident book entry it is worth making a claim and we would be happy to assist you in this matter. Please have a closer look at knee injury claims to get an idea of settlement values.

My partner fell and hurt his back at work, (he was walking up steps and to get a part and went to walk back down when a step from under him gave way) due to their steps literally falling apart he landed on his back and had to go to hospital, he was treated for muscle damage and had to take 2 weeks off due to pain and medication. When it came to Wages they didn’t pay him in full for them two weeks off, since then his back has continued to be sore. They keep mounting Masses of work loads on him making him stressed And very sore. Also telling him the workloads are his responsibility and if he doesn’t get the work loads done he will be sacked, even though it’s the managers job to delegate out roles and how much work the men and women must do. My partner was forced to work weekends and over time to get the work loads done. He also slept in twice this week due to having to take sleeping tablets for his back and now they are threatening to fire him. Also his manager said he if he went on a night out with “the lads“ he won’t make him do weekend over time.
What should we do? We’re afraid they will find an excuse to fire him if we claim against them for the money he lost out on from the two weeks and all the over time he was forced to do.

As your Partner was injured at work in Northern Ireland, his rights to pursue a claim and employment rights if he were to pursue a claim would be subject to the legal system governing Northern Ireland. To this end, he needs to make contact with a Northern Ireland law firm and discuss his situation with someone qualified in that legal system.

I’ve been on the sick for 12 months now. On Friday 18-10-19 I received a letter informing me that the Company was going to close the place I work at. My question is can they sack me for being off work for so long? Or make me redundant? Thanks.

For queries such as yours that relate to employment law, please contact a law firm specialising in employment law as they will be able to advise you on such matters.

Hi
i had two episodes over 1 week where i injured my back by simply picking up a loo roll the first time. and ended up on the floor, went home, i work as a carer in residential home, came back 2 days later. Did 2 night shifts, then a course 2 days later then came back on the following day as a day shift.
After getting 3 people up i was in terrible pain and could hardly walk, my manager sent me home.
Subsequently i had an emergency Mri scan the following week and found to have a prolapsed disc. It has been a month since i have been off work and still in terrible pain.
I don’t want to be off work and asked was there anything in the office i could do, change care plans eat just so that i could be in work and keep myself busy and show my commitment to the company but i was told no.
I said i was afraid about losing my job and the response i got was, it is not about losing your job its your ability to do the job, obviously i cannot do the job. The consultant stated in the hospital he highly recommended i change my job as this could be a life long problem that could easy arise again, even if i am out of pain,
i didn’t write anything in the accident book, my fault really but i had witness to see how much pain i was in the first time as i was crying and could hardly walk, the second time i was hobbling around and my manager sent me home.

i am on sick pay but not even sure i am getting the right amount. Can i be sacked because of my inability to do my job, how much length of time can they wait for me to return to work?

In terms of personal injury compensation and making a claim, you would be able to do so if your back injury was caused by employer negligence. Therefore in your situation we would need to look at the kind of work you undertake and what training and provision your employer has provided to minimise the risk of injury. This would be manual handling training, specifically for care work requirements and what equipment the employer has provided to enable you to lift and move people safely. If the employer has failed in these obligations, a claim may proceed. However, the lack of an accident book entry could be problematic.

An employer is within their rights to dismiss an employee who is medically unfit to perform the duties that they were employed to do. However, an employer is only likely to take such a decision after a considerable period of absence – for any employee who is not still in a probationary period. With regards to how long the employer has to wait for you to return to work, that is a question that you should address to an employment law Solicitor.

I was hurt at work on the 11th july when using a wheelbarrow to move turf, when going down a slight slope the load in the wheelbarrow shifted pulled me to the ground, as I could not take the strain when I got up the wheelbarrow was broken at the mooring at the back on one side. I have been off work since July 12th when I attended the hospital which they advised me I have tendinitis. Since then I have seen the doctor whom advised it seems to be a possible rotor cuff injury and physiotherapy who sent me for a ultrasound, which I was advised the results today which was that the muscle and tendon is intact but there is a small amount of fluid in my subdeltoid bursitis. He advised I will need to continue physio and I may need a steroid injection if it does not improve.
My employer has not been the most pleasant over the whole ordeal after advising them the expected recovery time one of the managers fired me over the phone in which I emailed asking for written notice and reasons for the termination which he replied that the phone call was me him accepting my resignation. I have managed to move past this but it was still stressful to have to endure such treatment.

I am currently only earning ssp which I had to go to the HMRC to get my employer to pay ssp as they said I was not entitled when hmrc said I was.

My question is based on what has happened should I consider looking further in to making a compensation claim?

What would a claim be worth?

Can I claim for my lose of income?

Many thanks.

It is not possible to assign a value to your claim at this stage as we simply do not know enough about your injury or the long term consequences of the injury you have sustained. The only genuine way to assign an appropriate value to a claim for personal injury is to have a claimant examined by a medical expert and for a detailed report to be provided to a Solicitor that gives a prognosis for recovery or the long term implications of an injury.

You do have a right to make a claim as there may be an argument that the nature of the work you were doing was dangerous. Perhaps the wheelbarrow should not have been used in the area in question? Perhaps it was overloaded or you were not trained to use it?

Hello there, I had an accident at work two weeks ago involving 300kg and a forklift. My back and hips and shoulder are all in spasm and have been signed off until the 27th. It’s not right that I have to suffer being paid 94 pounds a week when the accident wasn’t even my fault. I currently smoke cannabis at weekends and rarely in the evening, my boss said if I was to claim he’s had a medical done on me and would have me sacked. Can he do that due the the urine sample he’d want from me? I have been smoking more to help with pain relief since I been signed off so any tests would come up positive. I feel that my boss is shafting me and I’m scared to put in a claim.

Whether or not your employer has a legal right to demand that you provide a urine sample for testing is a moot point and should not stop you from investigating whether or not you can pursue a claim for compensation against the employer.

The best course of action in any claim enquiry is to do what you have done and be completely honest up front so that a Solicitor can advise you on the basis of full facts. The key in this incident was the cause of the injury and not whether or not you may have consumed cannabis at some stage. Clearly you have suffered painful and mobility restricting injuries and have every right to make a claim against the employer.

Hi my employer caused an accident. I got injured badly and had a lengthy time to recover. I have to see a nerve specialist now for spinal nerve injury as well. My employer is going to sack me on thurs. Have you any advice please?

You have suffered a serious injury. Nerve damage is known to be a serious issue and recovery can be prolonged and possibly limited, so looking in to a possible claim is sensible in the circumstances.

For us to advise you as to whether or not you have a valid claim to pursue for compensation for the spinal nerve damage and any associated loss of income and care costs, we need to know more about the accident. We need to know what happened, what you were doing and how you were injured in order to ascertain areas of potential negligence. You can call us on 0122543028 if you’d like to discuss things further, and we have more info on spinal injury claims here.

I was injured in a road accident while at work (driving from one job to the next) whilst I was stationary and hit head on by a car traveling on the wrong side of the road.

I’ve been off work with a whiplash injury for about 18 months now. The consultants have said it will take time to heal but the injury is not permanent. My employer is now trying to terminate my employment. I work for a large housing association carrying out repairs in the properties Been employed by them 5 years.

There are two elements to the situation you describe – one of personal injury compensation for injuries and financial losses caused by a non-fault accident, and your rights under employment law with regards to whether or not your employer can terminate your position of employment due to your current inability to work.

With regards to the personal injury compensation element of your situation, we can certainly advise and help you with this matter. Given that you were stationary when hit by another vehicle that was travelling on the wrong side of the carriageway, you were clearly the non-fault party and would be entitled to pursue a claim against the insurers of the at fault vehicle. Our specialist Solicitors could well succeed with a claim for you and would obtain you compensation for both the injuries you have sustained – which if causing such a long term problem would likely be a substantial settlement, but importantly recover any lost income or incurred costs caused by this incident.

Hi, can an employer pay an employee off where the employee has handed in a sick note and is on statutory sick pay from an accident that happened at work?

This matter is really something that should be discussed with an employment law expert. However, if an employee is off work for a lengthy period due to injuries sustained in an accident at work, the employer could eventually reach the view that the injured person is no longer fit enough to perform the duties and could have their position terminated. However, an employer MUST follow due process and abide by employment law before they terminate an injured employees contract.

I suffer with plantar fasciitis my job is meter reading so on my feet most of the day over the last 3 weeks it seems to have got worse I am now worried my employer may terminate my contract.

You should discuss your employment rights with an employment law Solicitor or with your union.

I started a new job needed a box cutter took one from home and got cut. After being cut I was told that the box cutter I had was not surppose to be used only the retractable one and they issued them. But I was never told anything about what kinda box cutter to have are they will issue me one. Can i be fired my boss said HR could fire me for this. Can they?

I don’t foresee how you can be fired for this action, but your choice of using your own box cutter and then suffering injury would render you unable to make a claim for compensation against the employer.

I had a workplace accident in November 2017 in which I was burnt. I spent 9 days in hospital and needed a skin graft. I had 13 weeks off work.

On my return to work, I was threatened with the sack for putting a claim in. I had my company first aid certificate taken off me and I was bullied for 3 months until I left the company. I had a letter last week telling me that my solicitor who was handling my claim is no longer seeking damages and dropped the case. Can I appeal or try again with another solicitor?

You do have the right to seek a 2nd opinion from another specialist Solicitor with regards to the closing of this claim and potentially switch to using them instead. It would be useful to know on what grounds the Solicitor has dropped the claim – I assume that the employers insurance have provided a robust defence that indicates that the employer was not negligent?

We’ve been under staffed for 3 months and I had double shifts and pulled muscle in my back. Been to see hospital and occupational therapist, both agreed injury was caused at work, I now feel they have arranged a meeting to get rid of me after working for them for 19 years.

It is not uncommon for people to feel very vulnerable after a work related injury if their job has a physical element to it. Such claimants regularly share their fears of getting dismissed from work if they are forced to take time off to recover.

However, employers are subject to strict rules regarding employee rights and must follow due process. Remember, UK law affords any person injured in an accident at work that was caused, or failed to be prevented as a result of employer negligence, the legal right to claim compensation and loss of income against the negligent employer. The employer has no legal right to dismiss an employee for making a legitimate claim.

Had a bad fall at work in JANUARY 2017, Cracked my head open 6″ long and 6 centimetres, almost 2 years ago. Still working on a settlement with lawyer and insurance company. In sales, still work with company and like job.

1. How long should this take to get a settlement?
2. Can your boss fire you once you get a claim?

There is no hard and fast answer as to how long it should take to agree a settlement. However, given the length of time that has passed since the accident, agreeing settlement should not take much longer.

In answer to your 2nd query, you can not be dismissed for pursuing your legal right to make a claim for compensation.

I have broken my knee in an accident at work and now my company want to sack me for gross misconduct.
Myself and one other were putting a memorial headstone up in a cemetery and due to its proximity we were unable to use the electric sack truck in the normal way we usually do because there’s was kerb surround directly behind.
So we made a decision to load the headstone from the front and lower it into position, although this is not a procedure we normally do there is no written rule not to.
As we loaded the headstone in a forward motion with the sack truck it hit the wet cement and just went over knocking me off my feet and falling on me trapping my leg underneath and on top of the kerbs behind me resulting in me breaking my knee.
They have informed me they are going to sack me and the other lad for gross misconduct – in breaking health and safety regulations.
However, at the same time are offering me a redundancy payout instead and not firing the other lad.
Something doesn’t add up to me – any advice would be great.

Whilst you may well have worked in an unsafe manner, we feel that you could still pursue a claim against your employer – although you are likely to have to accept some contributory negligence. The fact that the employer HAS no written policy that has been breached does give possible cause for optimism with a claim against them.

Given the nature of the working area there is also a possible failure of adequate risk assessment from the employer too.

It would be wise to see what our specialist accident at work Solicitors have to say about your situation and we would therefore encourage you to make further contact with us so that we can take some further information and then present a detailed enquiry to an expert Solicitor for consideration.

On the issue of dismissal or redundancy, it would seem that you need some additional expert legal advice on an issue of employment law. As you can appreciate, employment law differs from personal injury law and as such we would recommend that you discuss that element of your enquiry with a suitably qualified expert employment law Solicitor.

I was sacked after my first accident at work. In the dismissal letter, the company admit the accident wasnt entirely my fault.
No accident book was filled in after the accident, no back to work after being off with whiplash either.
Other drivers have been involved in more serious accidents at work during my time, and have not been sacked.
Do I have a case for unfair dismissal, as I have had no other disciplinary with the company before this accident?

With regards to the accident at work, as your employer has stated in writing that it was not entirely your fault there is a possibility that you could make a claim for accident at work compensation that would settle on the basis of shared liability. If you would like to take that further, please contact us and we’ll investigate this further for you.

We cannot advise on employment law matters, but do share work with a specialist employment law Solicitor that we could put you in contact with. If you would like to speak to them, please let us know and we can forward you the details.

I had an accident at work in 2017. I am a domestic at a council run home, a trolley that had been put in there with 3 wheels on it fell on me wen I went to fill my bucket, injuring my shoulder. I filled a accident form in but my shoulder’s been hurting me since and I have been off work since Christmas with it. Doctor’s certificates said this accident was caused by negligence, very mysterious the manager changed all the trolleys the next day saying they were unsafe. I have been in a lot of pain not sleeping on pain killers, I have been scared to be off work because of trigger points I have had to go to work with this till I can’t work anymore, now they are threatening to end my employment, do I have grounds for a claim?

You most certainly have grounds for a claim and my initial view is that we would be likely to succeed with a claim for you on the basis of your description of your accident at work.

We would like to speak with you on the telephone to take some further information from you and get one of our specialist accident at work Solicitors to pursue this for you on a No Win No Fee basis.

Had an accident back in Aug 2016, Just myself and a young temp worker (covering for the supervisor who was on holiday) on the nightshift in a warehouse.
The temp worker drove a forklift placing a load onto the weighing scales (aprrox 300kg inc load, 200x200x10cm) and slowly pushed the side of the scales into the inner side of my right foot compressing and trapping my foot against the wall.
There was no (at the time) stoppers to prevent the scales from moving.
Myself has somewhat changed since this accident and I do feel they have not took the stress I have been going through this past year into consideration.
I have not got a clue where I stand who to go to and feel alone about this. I have been for this past year and thinking to claim has been haunting me.
Can my employer terminate my contract with 12 weeks pay notice or force me into a new role which appears to be out of my league (very demanding)?

We are not employment lawyers so cannot offer specific advice as to the actions of your employer in terms of their management of your contract and position of employment. However, if you are unfit to work for an extended period an employer does have the right to terminate a position on the basis of ill health. I would strongly recommend that you seek advice from a specialist or contact the Citizens Advice Bureau to discuss that element of your enquiry.

We are though, of the view that you may well have a valid claim for accident at work compensation for the initial injury that has lead to this situation. The lack of an emergency stop button or similar could well indicate that you were exposed to a risk of injury that could otherwise have been avoided or minimised and this may well attach employer negligence and liability in your claim.

We would be very happy to instruct our specialist workplace injury compensation Solicitors to pursue a claim for you against the employer and their insurers with a view to seeking a compensation settlement for the injury to your foot as well as recovering any special damages, such as lost wages and costs.

Of course, if your employer does terminate your position you will be out of pocket as a result, so it may be wise to see if you can negotiate with them to allow you to temporarily move to the office based position, even if it is at the cost of a lower salary as you may well be able to recover the difference if you could succeed with your claim.

Hi, I worked for a scaffolding company and had been working for them for just over 4 yrs. Around 2-3 yrs ago the boss drop a scaffolding tube on my face and I had to have stitches. At the time my employer told to me go to the Hospital, but pressured me to not tell the Hospital that I worked for him and told me to tell the Doctors that the laceration injury had happened in my own back garden – otherwise he said he would sack me. Due to his pressure, I lied to the Hospital because I really couldn’t afford to lose my job as I had my 1st baby on the way (but noted on the hospital computer system)
So I hadn’t had no training or anything at this point, and they didn’t pay my wages for the time I had off.
Due to these injuries I now have trouble eating because of the location of the laceration and where the tube hit my jaw bone, and the location where it’s stitched. It’s never been right since and I now get awful headaches regularly.

Is their a case?

I also have another possible claim due to an accident working at the same company. Whilst at work my my teeth pretty much smashed out by a scaffold board, due to unsafe loading by the boss. I’m in total agony everyday and my teeth are on the verge of dropping out any minute. My boss has now decided to get rid of me due to his unsafe company. Is there a work compensation claim at all?

With the first incident, you may well have a valid claim for accident at work compensation, but it really will depend on when the accident happened. You need to contact your GP and ask them to advise you when you had the facial injury because if it happened more than 3-years ago there is nothing you can do. However, if it happened less than 3 years ago we may be able to help.

On the second injury at work, this sounds more recent and if I am right in assuming that it happened within the last 3-years, I think we should definitely try to pursue a claim for accident at work compensation for you. We cannot of course guarantee that we would succeed with your claim but we do guarantee that it will cost you nothing should your claim fail.

The situation that your former employer put you in with regards to pressurising you not to pursue a claim or tell the truth to the Hospital authorities is disgusting and is something you should consider reporting to the Health and Safety executive as it sounds as if that employer needs to be audited and forced to change their ways.

We’d be delighted to assist you with your claims.

Hi, I was injured at work in January following an assault. Following xrays it turned out I had two fractures, a severed ligament and soft tissue damage. It was explained to me that the ligament was bleeding internally and that the blood calcifies overtime. I am still off work as per doctors advice.
I have been called to a meeting at work and I am worried they will sack me. I only started this role in January and had no induction, training etc. Have I a claim do you think?

If you were injured as a result of an assault, an attack, then you may well be able to pursue a claim via the Criminal Injuries Compensation Authority (CICA) – with which our Solicitors can assist.

It is hard to see how your employer would be responsible for this – unless you work in a role where you deal with people with psychological issues or physical disabilities that make them high risk in terms of violence and were not given adequate training, support, assistance and risk assessments.

Clearly we need to know more to be able to properly advise you.

Regarding your employment rights, that is not an area in which I have expertise, so I cannot advise you. However, if you have only worked for the employer since January, they may well be within their rights to terminate your employment if you are unable to work through ill health. I would suggest that you seek professional advice on that issue from an employment solicitor.

I had a bad accident on my thumb. I didn’t claim because i was told i would be sacked instantly. It’s been over 3 years. I work with this injury all the time, because it’s manual work and use my hands all the time on machinery and with hand tools it can be very uncomfortable. Can I claim any sort of benefit for working with this injury?

Unfortunately, there is nothing you can do regarding your injury in terms of any claim for compensation. If the injury gets to the point where you are disabled by it, you may be entitled to disability benefits, but that would not be compensation.

The law only allows a maximum period of 3 years to take action. Your employer has behaved terribly in pressurising you not to claim with the threat of dismissal. They have undermined your legal rights and left you in the situation in which you find yourself.

Can my boss sack me after having an accident driving his work van which could be my fault?

You can not be dismissed (legally anyway) simply for being involved in a road traffic accident – whether you are at fault or the innocent party.

You can only be dismissed legally for acts of gross misconduct, continued breaches of company discipline (that have been noted and dealt with by an employer) or through a genuine redundancy process.

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