Can I claim work accident compensation even if I have left the company?

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Many people who contact us to discuss accident at work compensation have left the employer where they were injured and worry they won’t be able to claim because of this. Thankfully this is not the case, and as with all claims in the UK, the standard claim limitation period applies – regardless of whether or not you still work for the same employer.

Liability stays with the employer even if you leave

When someone is injured at work, a claim will succeed if the employer carries employer liability insurance and the claimant can be demonstrate that their employer was negligent and at fault for the accident.  As long as the employee was working for them at the time of the accident and details of the incident and injuries were reported to the right people at the time, it doesn’t matter if they then leave to work elsewhere as they can still make a claim against the employer responsible for their injuries.  Liability remains with the employer and your ability to claim compensation doesn’t change – even if you change your job.

What will a claim against a former employer achieve?

If you were injured whilst working for a former employer, you have a right to pursue a claim for compensation as long as you do so within 3 years of the date of the accident and believe that the accident was not your fault. There are many reasons that people seek compensation after an accident at work, including anger and frustration, but most commonly due to a loss of income during the months after the accident if they cannot work whilst recovering from the injuries sustained.

Many people in the UK have doubts about claiming personal injury compensation after an accident. These doubts exist because of the negative myths and untruths that are commonly thrown around regarding the personal injury claims process and no win no fee. In accidents at work, people are also concerned that any claim they make could damage their employer and affect their colleagues and friends. But if it’s handled in the right way, this just isn’t the case.

 

2 questions have been answered below, why not ask your own?

  1. Hi there. I was working for a primary school when I was poisoned with salt for 6 months accused having obscene pictures on my laptop which were never there, of which resulted in me suffering severe depression. Can I still claim..

    • Jason

      Thank you for contacting us. Your situation of suffering mental health problems because of the negligent actions of your employer is something that you may be able to pursue a claim for compensation for. However, as I am sure you will appreciate, the situation in which you find yourself isn’t a straightforward one as gaining evidence to support the allegations you make may not be a simple process. It goes without saying that your employer will use the 2nd allegation you raise (improper content on your PC) to discredit you should they have to defend any claim and when it comes to pursuing a No Win No Fee claim for compensation, this could make the risks of failing with the case higher.

      No Win No Fee claims will be pursued by us and our specialist injury compensation solicitors if the criteria of the claim scenario passes a strict risk assessment protocol. In simple terms, the specialist injury compensation solicitors that we use need to be of the view that any claim has a greater chance of succeeding than failing in order for them to be able to pursue the matter on a No Win No Fee basis. It is obvious that a No Win No Fee solicitor will only be able to charge their fees if they win a claim, so they need to be as sure as they can that they have a strong claim to pursue. Of course, there is always a risk with all claims and this is taken in to account within the risk assessment protocol I mentioned earlier.

      We would certainly be happy to get you in touch with one of our specialist solicitors as it is only by them asking the relevant questions and then being able to properly assess the strengths or weaknesses of any enquiry that they can offer expert advice and let you know if you have a viable claim for compensation.

      To this end, please do revisit our website start a claim page: https://direct2compensation.co.uk/make-a-claim-for-compensation or reply to my email to you and provide your contact details. One of our team can then call you, take a little more information and ensure that the right specialist injury compensation solicitor is able to contact you to discuss this matter in depth.

      I hope that this response helps you and we look forward to helping you get some advice from one of our expert solicitors.

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