Injury at Work: Can I Be Sacked for Claiming Compensation?

By Ian Morris | Updated November 7th, 2024

98 questions have been answered on this subject - ask us your question

Quick Answer: No, your employer cannot legally dismiss you for making a legitimate workplace accident claim. UK employment law provides robust protection for workers who suffer injuries at work, making it unlawful for employers to terminate employment solely because an employee pursues compensation. If you’re dismissed after making a claim, you may have grounds for additional legal action, including unfair dismissal proceedings.

Key Takeaways:

The law provides several important protections and rights when making a workplace accident claim:
Your employer must have Employers’ Liability Insurance to cover workplace accidents and injuries
Insurance companies, not your employer, pay compensation claims
You have a three-year window from the date of your accident to initiate a claim
Employers must make reasonable adjustments to accommodate your return to work
Any dismissal related to making a legitimate claim could result in additional compensation through unfair dismissal proceedings

Your Legal Rights After a Workplace Accident

Your employer is not allowed to fire you for accident that wasn’t your fault, or for proceeding with a legitimate claim. Being injured at work can be a stressful experience, and many employees worry about job security when considering making a compensation claim. By understanding your rights and protections under UK employment law you can make informed decisions about your future.

Protection Against Dismissal

UK employment law safeguards workers who make legitimate compensation claims after workplace accidents. This protection extends beyond just keeping your job – it also covers other forms of potential discrimination or unfair treatment. Your employer cannot legally:

Terminate your employment for making a claim
Reduce your working hours or pay
Force you to take unpaid leave
Create a hostile working environment
Pressure you into not making a claim

Employer’s Legal Obligations

Every employer in the UK has specific legal duties regarding workplace safety and accident management. These include:

Maintaining adequate Employers’ Liability Insurance
Following health and safety regulations
Providing a safe working environment
Recording accidents in an accident book
Reporting certain accidents to the HSE via RIDDOR
Making reasonable adjustments for injured workers
Supporting your return to work after injury

If your employer fails to meet these obligations, they may be found negligent, strengthening your position for making a compensation claim. Remember that claiming compensation after a workplace accident is your legal right, and exercising this right should not impact your job security or workplace relationships.

Common Employer Reactions

After an accident at work, how an employer reacts can vary significantly depending on the size and structure of the company. Understanding these potential reactions can help you prepare for what lies ahead.

Large Companies

In larger organisations with established Human Resources (HR) departments, workplace accident claims tend to be handled more formally and professionally. These companies often have clear procedures in place for dealing with workplace injuries and claims. In such cases:

Claims are typically managed through insurance without direct involvement from senior management.
HR departments may offer support during recovery periods, including light duties or phased returns to work.
The process tends to be more structured, minimising personal conflicts between employees and employers.

Small Businesses

Smaller companies may react differently due to closer working relationships between employees and management. In some cases:

Employers may take claims more personally, especially if they feel directly responsible for paying compensation (though claims are actually paid by insurance).
There may be less formal support available during recovery periods, such as light duties or phased returns.
If tensions arise after a claim is made, it could lead to a strained working environment or even constructive dismissal claims if conditions become intolerable.

Regardless of company size, it’s important to remember that UK law protects you from unfair treatment after making a legitimate claim. If an employer retaliates against you in any way—whether through dismissal or creating a hostile work environment—you may have grounds for further legal action.

How Your Employer Should Handle Accidents at Work

Under UK law, employers have a legal duty of care to protect their staff, particularly if an employee is injured at work. The also have a responsibility to handle accidents in the right way. Every employer should have a clear health and safety policy in place, known and understood by key personnel, which is activated in the event of an accident.

Recording the Incident

Responsible employers handle workplace accidents professionally. They will ensure that the details of the incident are recorded in the company’s accident book, report serious accidents under RIDDOR, and support employees who choose to pursue a compensation claim. Unfortunately, less scrupulous employers may be obstructive, attempting to prevent access to the accident book or even threatening employees with dismissal for seeking compensation.

Liability

While most employers act with integrity following an accident, some may attempt to pressure injured employees into signing documents that shift liability onto the employee. It’s important to avoid signing anything that admits fault without seeking legal advice first. Even if you do sign such a document under pressure, a court or tribunal may still disregard it depending on the circumstances.

Employers are legally required to follow government health and safety regulations. If these guidelines are not adhered to and an accident occurs as a result, they are liable. As such, your employer may be considered negligent, giving you the right to claim compensation for your injuries.

Tips for Success – How to Win Your Claim and Keep Your Job

Making a successful workplace accident claim requires careful preparation and attention to detail. By following these tips, you can stay in your job, strengthen your case and improve your chances of receiving fair compensation.

Steps to Protect Your Rights

When you’ve been injured at work, it’s essential to take immediate steps to safeguard both your health and your legal rights. Acting promptly can help ensure that your compensation claim is successful and that your employer treats you fairly during the process.

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.

If you have been injured in an accident and are worried about your job, or just want to find out more about making a claim, call us on 01225 430285 or if you prefer and we’ll gladly help.

Frequently Asked Questions

98 questions have been answered on this subject - ask us your question

Comments & Questions

Read on for questions and advice about claiming...

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.

Injury at Work: Can I Be Sacked for Claiming Compensation?