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

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

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.

 

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

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Questions & Answers


  1. Anonymous

    I left a job about one month ago, i was fixing pallets. There was a line which was jamming pallets all the time, it’s been reported not only by me, but there was no reaction from managers side. Right now i have problem with shoulder and neck, because we still needed to do numbers even with broken machinery. Can i still apply for personal injury?

    Reply
    • Ian Morris

      UK law enables any person injured at work to make a claim against their employer if their injury was caused through machine fault or lack of training etc – even if that person has since left the company and no longer works for them.

      Reply
  2. Sue

    I worked for local government in Western Australia as a Parks and Gardens, using chemicals to spray weeds for about 8 years. There was no training on how to use it until at the end OHS was brought it then we were taught. I left that job and ended up doing a chemical course and found that what we as workers were doing was the wrong way of doing things as we all were told at some point in our time that the chemical Glyphosate was not harmful in which I have now found out it is. I found out that it can affect you later down the track. I have a few health symptoms that I’m getting checked out now, so I want to know if my health issues are to be related to this can I make a claim even though I have left their employment?

    Reply
    • Ian Morris

      Given your location in Australia, we cannot advise you. Under UK law you could possibly have a claim but we do not know Australian law and as such suggest that you address this query to a specialist Solicitor working in the jurisdiction in which such a claim would need to be brought.

      Reply
  3. Rebecca

    Can I make a claim if I left the company feb 2017? I had developed Crohn’s disease 2011 due to ongoing the work related stress and anxiety. This got worse and worse and I coped for years yet then had seizures due to exhaustion and work worries and pr sure and finally to top it all off I had non direct threats made from staff who wanted to stab me and openly put me down in front of my team. I had no back up from management at all as everyone denied it and I was the one then causing hassle and problems for raising it. None of them admited to it, managers did nothing and as there were redundancies being offered in the building (not my direct department) I asked for it and was given it due to my health so I took redundancy and the payout and focussed on getting better. I was an emotional wreck and in physical pain for months, years I’m fact. This still gets to me and what I went through has to be considered. It made me ill and now have disability for life. Causing me a lot of difficulty now obtaining a stable income.
    Now I am mentally stronger and feel able to fight this. I had no one supporting me and can provide medical evidence to show the conditions I developed and support needed, including psychological counselling. As I left in Feb 2017 Do I have a case?

    Reply
    • Ian Morris

      The fact that you have left an employer would have no impact on any claim you were to subsequently make against the employer. The most important factor in any claim for compensation is being able to demonstrate that another party (employer or organisation) has been negligent and that their negligence has lead to you suffering an injury or illness.

      In your case, if you believe that your employer was negligent towards your Health and Safety, you can seek to make a claim for compensation.

      Reply
  4. stephen webster

    Hi, i was getting out of a firms vehicle at work when i stood on a bolt in the technicians parking area and went over on my ankle. This was last October. Went to doctors in October 2017, he said i had damaged ankle. Since then i have been on the sick for 3 months March to May 2018 as i could hardly walk taking pain killers every day. Retired from work at the end of may 2018 due to not been able to work because of it. Had two injections in my right ankle, one in May and one in August they have not helped, still painful, also affecting my hip now. Next step is ankle fusion, there is no alternative. I was a service driver for Lookers plc having to get in and out of vans all day, some very tightly parked causing twisting of the ankle. Could i still put a claim in? if so how do i go about it?

    Reply
    • Ian Morris

      Given the severity of the injury you sustained and the huge impact it has and is having on your day-to-day life, I think it would be a wise move to make a claim for compensation.

      Reply
  5. marisha

    Hi the doctor says I have a repetitive strain injury in my hand due popping so many mds trays in my job as a Dispenser. As I work for the company still I am dubious to make a claim in case I am managed out of the business. Looking to see if this would be the case?

    Reply
    • Ian Morris

      Under UK Law, you are afforded a legal right to pursue your employer for compensation should an injury or health condition you have sustained as a result of their negligence or insufficient management of your health and safety at work. Whilst you are concerned that you would suffer poor treatment if you were to pursue a claim, you need to consider the impact that your RSI could have upon you should you not make a claim.

      We would be happy to assist you further with an investigation in to your claim and invite you to contact us on 01225430285.

      Reply
  6. Jason norman

    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..

    Reply
    • Ian Morris

      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.

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

      Reply
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