How does claiming compensation for a work injury affect my employer?

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

When an employee is injured in an accident at work, they are often left in a quandary as to whether to pursue a claim against their employer for personal injury compensation. Employees can feel loyal to their employer and worry that making a claim against the company could cause the business financial hardship, or lead to their colleagues to lose their jobs.

Your employer has liability insurance

When it comes to work accident compensation, a claim will be made against the employer’s liability insurance cover rather than business itself. All employers should hold insurance to cover their staff should any accidental injuries arise. With the best will in the world, even the most diligent employers and managers can see accidents happen in their workplace. Good employers will deal with their responsibilities after an accident at work in a professional and proper manner, they will record details of an accident in their accident book, report serious (and relevant) injuries/accidents to the Health & Safety Executive) 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.

The claim will be addressed to the insurers of the employer and the insurers and your solicitor will then handle the claim in the same way as any other insurance claim is handled.

Will my manager be involved in the claim?

Accident at work victims need to be aware that their colleagues will never know that they have made a claim unless they wish to disclose this themselves, and that in most circumstances, their line manager will also not know. The process of claiming is straightforward and confidential. Following an accident at work, your solicitor will issue a letter of claim to the employer’s insurers and it will be the insurers who will handle the matter rather than the employer.

Of course, someone in the company will be asked for their version of events and for a copy of the accident book, so the employer will be aware that a claim is being made. Unless the claimant wishes to talk about it, the employer will not be at liberty to discuss the claim as all correspondence has to be directed through your chosen solicitor.

Will I get sacked for claiming?

Fears about job security can be played upon, and we understand that you may be placed under pressure by your employer NOT to pursue a claim for personal injury compensation.

Employers that are liable on grounds of negligence for accidents at work and injuries sustained in the workplace have no right whatsoever to prevent an employee from pursuing a claim. Indeed, it is illegal to imply redundancy or the sack will follow if a claim is made, whether by threats or other pressure, and any employer doing so could face additional legal action on that as well.

So claimants can ease their worries about claiming after an accident at work.  The whole point of claiming is to seek some justice and receive compensation for your injuries and losses, including lost income.  Fellow employees will not be affected, the only effect it will have on an employer will be for them to tighten their Health and Safety management policies in order to prevent their insurers from hiking their premiums the following year.  Therefore, it is fair to say that pursuing rightful claims can actually improve the workplace for fellow employees, creating long term benefits rather than damage to the employer.

Clearly, the decision as to whether or not to pursue a claim rests with the injured employee. If the injuries are minor, will cause no long-term problems, and the employee can still work and therefore not lose wages after an accident at work, they may well decide that they do not wish to pursue a claim for compensation. However, where the injuries are more serious and an inability to work follows, making a claim for compensation really is the only option, and a legal right, for most people.

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

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Questions & Answers


  1. Frank

    Hi, I injured my back at work while carrying out my day job, I was off 3 weeks should have been more but was informed that I might only be receiving statutory sick pay as they weren’t sure the injury would be classed as a work place accident, so returned to work on the understanding I was only carrying out light duty’s no heavy lifting. The physio I was seeing (5 times in total so far) diagnosed thoracic nerve damage in the Center of my back.
    I received my salary at the end of the month and wasn’t paid my full salary, I approached the Center manager to say that I can’t afford to loose the wages and would need to make a claim for compensation to cover the difference, she then turned round and told me that I needed to take her advice and forget about trying to claim as there was no way I would receive anything and would be wasting my time because 1)she said I suffer from an on going back problem! I told her I have issues with lower back pain caused by arthritis in my hips and this is managed by myself and dose not stop me from working and the injury I received was a lot higher up and was damaged to the nerves 2) she claimed it was dubious wether I was carrying out a task outside my job description, I was employed to teach inside prisons but the company lost the contract due to Covid so now teach children and apprentices for the same company but in a training Center , my contact has never been changed, I injured my back trying to get a pack of floor tiles that were stored under a staircase that I needed for the group I was teaching. 3) she claimed I should have got assistance ! Two people couldn’t fit under the stairs!
    The workshop was never kept tidy and whitest I was off it’s been cleared and tidied up with the boxed tiles have been moved to a more accessible place.
    I was wondering how do I go about making a claim?

    Reply
    • Ian Morris

      We can help you to claim compensation and my initial view is that you have a valid claim to pursue. You can get further help by visiting the start your claim page of our website and providing some initial information. We’ll then be in touch to explain the claims process and how our specialist Solicitors can help you on a No Win No Fee basis.

      Reply
  2. Karen

    I broke my wrist at work 2 days before being made redundant employer took me to hospital and all was recorded. Can I still claim for this injury?

    Reply
    • Ian Morris

      As long as the accident happened less than 3 years ago you can still make a claim for compensation with us. Whether you still work for the employer or have since left, is of no relevance to the pursuit of a claim.

      Reply
  3. Barry

    I had a injury at work on a bandsaw cutting meat, cut my finger to the bone and top tendons were also cut though. The finger has healed so so, but the end has dropped and won’t repair now and I have been having all sorts of feeling in it. When I cut the hook of meat it is supposed to weigh a curtain weight. So some I had to trim. It flipped out of my hands and my finger ended up in the blade. The accident was recorded at work and also in the hospital. My employers have been good to me, and I am worried that if I claim it would change so I don’t know what to do. Advice please! Thank you.

    Reply
    • Ian Morris

      Your concerns about your employers and the your relationship with them and the wider workplace are understandable, however you need to understand that if you do make a claim for compensation, you would be acting legally in doing so and would be claiming against the employer liability insurance cover that the employer has to have in place (a legal requirement). Therefore, making a claim doesn’t impact the business or any individual as the claim is against their insurance cover. Further, your rights to continue with your work are not impacted in anyway by making a claim for compensation and you cannot be dismissed for making a legitimate and honest claim.

      You have suffered a permanent injury to your finger and that will effect your grip strength and dexterity for the rest of your life. Therefore, you have every right to exercise your legal right and make a claim for compensation.

      We’re more than happy to help you to get a better understanding of your rights after an accident at work or to help you make a no win no fee claim for compensation. You can call us on 01225430285 or use our ‘start your claim for compensation‘ page on our website to get further help.

      Reply
  4. Daniel

    I was injured at work a couple of years ago it involved a angle grinder and my face. My current employers accident book does not have this recorded and when I was on the the way to hospital my employer told me not to tell them it was done at work am I entitled to a injury claim – is it my word against theirs?

    Reply
    • Ian Morris

      Your employer has acted illegally in telling you to be dishonest with the Hospital staff as to how you were injured. Effectively, the fact that you have not reported it in an accident book and told the Hospital staff that your injury was not caused at work has left you in a position that you will struggle to succeed with any claim and a Solicitor is likely to be unwilling to pursue the matter on a No Win No Fee basis due to a lack of supporting evidence.

      Reply
  5. Dan

    Hi

    I have developed quite a bad repetitive strain injury at work which has prevented me from carrying out my usual work duties. I had to request light duties at work in the end, due to being in constant pain in and out of work. I was made to do the same repetitive job every day with no rotation, and started to develop pain. I put the injury in the accident book, but was not allowed any rest. I have had all sorts of threats in work about complaining, and am worried about putting in a personal injury claim. I am having Physiotherapy currently, and my doctor has given my employer a note to put me on light duties until my injury is better. He warned me that it may be a long road to recovery. Do I have grounds for a personal injury claim? This injury is seriously affecting my personal life due to the pain.

    Many thanks,

    Dan

    Reply
    • Ian Morris

      Our specialist Solicitors can certainly pursue such a claim if it is felt that the employer has failed in their obligations to provide a safe working environment. Employers must ensure that workers are afforded appropriate rests from certain tasks and equipment and if they have failed to do so, you may well succeed repetitive strain injury claim.

      Reply
  6. Roy

    I have been working for a private residence for about 6 years.
    I am paid in cash and do not have a written agreement but work the same hours / days each week.
    Recently one of the horses hit my face breaking my nose and a whiplash injury. I have had an operation on my nose. I asked the employer for their insurance details to make a claim but was told they do not have insurance only the usual property insurance.
    Does this mean I cannot claim against them?
    They have since cut my hours and told me to sue them if I want to.
    Thanks

    Reply
    • Ian Morris

      The lack of contract and the fact that you are paid in cash will make it easier for the employer to deny any link with you than if you were paid via the bank and had a contract. Therefore, to have any prospect of pursuing a claim successfully is by being able to prove that you were injured at work and due to the negligence of the employer. To this end, do you have anything at all in writing between you and the employer regarding your injury? That could be a text message exchange, emails a letter or even a comment on a social media post?

      The employers failure to have appropriate insurance doesn’t mean that you can’t claim as you would be able to claim against their personal wealth or assets.

      Reply
  7. Brenda

    I fell over some equipment at work and have suffered a tear in my rotator cuff. I went to A&E and I am now attending physiotherapy. If I make a claim, will my employer know about it? I am worried because I’ll need to go back and work there and I don’t want to get any employees in trouble who left the equipment out that caused my accident!

    Reply
    • Ian Morris

      Should you make a claim, it would be against your employers insurance. Employers are obliged to have employer liability insurance cover, so making a claim doesn’t directly impact on the business. However, the employer would be made aware of the claim by their insurers as they would want to get the employers input in to the claim and the incident in which you were injured. That said, your employers would not directly discuss the claim with you as the matter would be between your Solicitor and the employers insurers. You have a legal right to make a claim for compensation in the scenario you describe and you could not lose your employment by making a claim.

      You should not be concerned about your colleagues who caused the accident, they will not lose their jobs if you make a claim. The likely and welcome outcome would probably be that your employers remind ALL staff to ensure that they do not leave items in walkways or working areas that could then lead to accidents.

      Rotator cuff injuries can be serious and recovery from such an injury can be a long process and many people struggle to get to a position where they feel the shoulder is strong and working properly. As such, the injury could have a long-term impact on your life both and work and at home and you really should therefore consider the merits of making a claim for compensation.

      Not only would a successful claim see you obtain compensation to cover the pain and discomfort caused to you by the injury and the impact on your day-to-day life, but you would also be able to recover any incurred costs, lost income and access some specialist rehabilitation therapies.

      On the basis of your description of your injury and the cause, our initial view is that you have a valid claim. We would very much like to help you to further understand your rights and answer any queries you may have about the No Win No Fee claims process etc, with a view to helping you make your claim for compensation.

      Reply
  8. Jamie

    Hi, I had an accident at work back in September causing me to break my humerus bone. I made an accident claim against my boss who has now shut down his business as it came back that he didn’t have liability insurance at the time and only took it out after the accident. Can you please tell me what what will happen? Will I still be entitled to anything?

    Reply
    • Ian Morris

      As the employer didn’t have insurance, it does make the prospect of succeeding with a claim smaller. However, all is not lost as you can re-direct your claim against the employer personally. If the employer has personal wealth sufficient to pay compensation, the Solicitor could pursue them directly.

      Reply
  9. Mark

    I was sent to a job where I have to climb though a 45 degree roof window from the loft area to a flat roof, both locking bars on each side of the window have been broken off & a 36 inch piece of timber has be fashioned to hold it open, I climbed out onto the roof ok! But when I was climbing back through my foot knocked the piece timber away resulting it to crush injuries to three fingers & my thumb with a deep cut, I’ve been to my local GP & treated at hospital twice & waiting for appointments for hand therapy, if I was to make a claim, who would this affect, ie my employer or the business I was carrying out the work?

    Reply
    • Ian Morris

      It is most likely that your claim would be made against the ‘owner’ of the property where you were injured as it is their negligence that has caused this injury to you. The locking bars should have been replaced with appropriate and proper equipment and the piece of timber that has been fashioned to work in place of them is clearly a risk of injury.

      It would appear that you have a good claim and this is a matter we would like to help you with.

      Reply
  10. Andrea

    I have had an accident at work, whilst teaching a fitness class and I’m worried about losing income if I have to take time off work.
    I was jumping and upon landing I fell and twisted my right ankle, which now feels achy and looks swollen.
    I’m currently sat waiting in A&E to have it looked at.
    My job is physical and I need to be in good physical shape to be able to carry out my job.
    I am employed on a casual basis, and I know that when I have previously enquired about sick pay (for something unrelated to a work injury) I was told I would not qualify for sick pay.
    However, with this happening at work, I am wondering whether they will still pay me if I need to take time off? I also have classes at other gyms which I may have to cancel, and I’m worried about losing money.
    I’ve also heard about making a claim for compensation, but I don’t know what is the best option for me. They are very good and very fair employees and I want to continue to have a good relationship with my employer.
    I look forward to hearing from you.
    Many thanks.

    Reply
    • Ian Morris

      The nature of the ‘contract’ that you have with your employer will confirm whether or not you would be entitled to receive pay if you are away from work through injury or illness. In most cases, employees do not receive pay whilst off ‘sick’ even if they are off work through an injury caused at work. UK Law does not require employers to pay staff their usual income whilst away from work so it is simply a company policy issue as to whether or not sick pay is afforded to employees.

      In your case, you could only pursue a claim for compensation against the employer if the cause of your injury can be attributed to negligence against them. This could be a lack of training, a failure to provide or supply the correct equipment/tools etc for the job in question or provision of faulty or dangerous equipment. If that is the case, you could seek to pursue a claim for compensation and if successful, not only would you be entitled to a compensation settlement for the injury sustained, but also you would be able to recover any lost income or incurred costs caused by the injury sustained.

      Reply
  11. Amy

    I’m a hairdresser and I slipped on a leaking basin that hadn’t been fixed properly, I fell hard and bashed my knee and hurt my back I have been suffering ever since. Can I make a claim if I haven’t been to see the Doctor about it? It happened 4 weeks ago. Also will my employer suffer from this financially if I did make a claim?

    Reply
    • Ian Morris

      You describe an accident at work scenario in which it is easy to see that the employer has been negligent. The cause of the slipping hazard was a leaking basin that had not been fixed properly. The employer has a responsibility here to ensure that the workplace is safe and by allowing an ongoing slipping risk to remain present, they have been negligent.

      The fact that you have not yet seen a GP is not a particular issue, but you should seek a medical appointment at the earliest opportunity and advise your GP that your injury was sustained at work as a result of a slip on a wet floor from a leaking basin.

      If you were to claim – and to be honest, you’d have every right – your work would not be affected and your employer would not be personally impacted as the claim would be against their insurance cover and not against the business owner.

      We would happily pursue this claim for you.

      Reply
  12. James

    Hi,

    I had an accident when doing outside catering for a restaurant business.

    The gazebo had part of its supports snapped off from a previous outside catering. I was lifting something heavy and was unaware of the sharp support and cut my neck.

    Although I didn’t need any stitches the the paramedic crew had to support the cut as it was bleeding heavily. I also had to have a tetanus boost a few days later due to the sharp support being possibly rusty which left me feeling unwell for a day which I had a day off work.

    It has now been about 2 months on and there is visible scarring to my neck where it has healed. The scar is about 8cm in length. I believe this to be permanent.

    As this is my current employment and it is a small business I have been reserved as the last thing I want is for it to have a major impact on the business and staff however reading this article has helped me a little to see it may not have too much impact.

    I am just interested to know what or if I have a claim and whether it would be worth my time pursuing.

    I can supply photos if needed to help support this.

    Thanks for your help.

    Reply
    • Ian Morris

      The simple answer here is that you have a valid claim for compensation. The employers failure to have the gazebo repaired or the risk to health (the sharp broken piece) removed, makes them guilty of employer negligence and as such, you would likely win your claim.

      The concerns you have regarding the effect or impact of any claim you may make on the employer is a common issue that we discuss with almost all claimants who were injured in an accident at work. No person wants to jeopardise their colleagues or employers income or business and as such, it is totally understandable that you would be worried about making a claim. However, your worries need not prevent you from exercising your legal right to make a claim for compensation. Any claim made against an employer would be made against their employer liability insurance policy. As such, the claim would not impact directly on the business, the personal finances of the employer or jeopardise any persons work. Of course, the business may face a small excess on the claim (as with all insurance claims) and will have some paperwork to deal with during the claims process. However, you need to consider the scarring to your neck and the distress that this has caused to you and your long term interests ahead of those of your employer.

      We would be very happy to answer any further queries you may have about making a claim or indeed pursue your claim for personal injury compensation. Please feel free to call us on 01225430285 or use the ‘start a claim’ page of our website to get further assistance. Our article on facial injuries might also give you some further info on compensation amounts.

      Reply
  13. allison leat

    i was hurt during a physical training course and as a result had an operation. an accident form was filled in i love my work but am worried how claiming would affect this?

    Reply
    • Ian Morris

      It is not uncommon for people injured whilst at work to be concerned as to how any claim may affect the employer or their right to work. However, such concerns needn’t be considered as it is a legal right within the UK to seek to make a claim for compensation if you are injured through the negligent actions of a 3rd party (employer, person or contractor etc). As such, simply making a claim against your employers insurance should not have any negative impact on your job or working rights.

      Reply
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