Should I talk about my compensation claim with my employer?

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

If you are considering whether to make a claim for personal injury compensation after an accident at work, you may wonder if you need to discuss the claim with your employer. The decision as to whether or not you should inform your employer that you have made a claim is for you to make. There is no requirement for you to discuss it with your employer, or anyone else for that matter.

On the other hand, there is no legal reason not to either. A good, supportive employer would have no reason to quibble with a decision to pursue a claim for personal injury compensation. If an accident book entry has been made at the time of the accident, the employer will already be aware of it and a claim for compensation is unlikely to come as a big surprise.

After an injury caused in an accident at work that was not your fault, one of your rights is to pursue a claim for compensation. Many people are concerned that it could lead to the loss of their job. We are able to offer some peace of mind to people with such worries, as there is no legal way for an employer to terminate your employment simply for pursuing a claim for compensation.

Who at your workplace will know about your claim?

One of the things people claiming accident at work compensation ask us is who will know about their claim. There is no need for your line manager or colleagues to be made aware of it. Usually there are only a small number of parties who are likely to be involved:

  • You – the claimant – and your solicitor
  • Your employer and their insurers
  • Health & Safety Executive (HSE) via RIDDOR in more serious accident at work cases
  • Department of Work & Pensions (DWP) – in case any benefits you may receive as a result of the accident are to be recovered from the 3rd party insurer

In most claims, the employer would have already been informed by your solicitor, or when their employer liability insurers advise them of the receipt of claim. Usually the employer’s insurance company will deal with the claim – liaising with the employer to investigate the claim and consider relevant paperwork such as the accident book entry, maintenance sheets, training records and statements so that they can reach a decision about accepting or denying liability.

The vast majority of employers do not discuss any claim made against them with the worker at the heart of the claim. As you can imagine, when an insurer is handling it at their end and a specialist solicitor is representing you, it is left to those two parties to communicate with one another.

Your relationship with your employer

If you opt to make a claim for accident at work compensation, there is no reason that your relationship with your employer should deteriorate. If they have made a mistake and their negligence lead to your injuries, they ought to concentrate their efforts on making sure that the accident does not happen again. The vast majority of employers accept when they are responsible and say nothing to their employee about any claim for compensation.

An employer cannot legally dismiss you or terminate your employment on the grounds that you have made, or are considering making a claim. Any employer that decides to harass or pressure an employee into dropping a claim, or tried to terminate employment due to a claim, is skating on thin ice. If this happens, you would then have a possible claim for unfair dismissal against them.

If the attitude of your employer was negative and their handling of any claim was such that you felt that you could no longer work for them, you may wish to hand in your resignation. If this were to happen, you could then look to make a claim for constructive dismissal.

The vast majority of companies and employers handle things in the correct manner and it is extremely unlikely that you will face any negative issues as a result of making a claim for accident at work compensation. That said, we advocate discussing any legal matter with as few people or parties as possible. You are not obliged to discuss a claim with with an employer, or place the employer on notice of a claim. In the end, if you do pursue a claim, the two parties dealing with it will be your solicitor and the insurers of your employer.

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

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Questions & Answers


  1. Adam

    I went to work two weeks ago (I work for a private landscape company) and I was on the work premises about to unload my truck when I got out the pick-up and as I got out, my foot went into a pothole. My foot went to the side I heard the crunch as it did. My boss took me to A&E where I had an X-ray and was told that I had a lateral malleolar fracture to the ankle. This is a none-weight bearing injury, so I can’t work for up to 8 weeks. I am getting statutory sick pay witch does not cover much.

    Do I have a valid claim as I’m pretty sure my boss should have to provided a save place to work?

    Reply
    • Ian Morris

      Your accident at work and the ankle injury you have sustained is certainly worth making a claim against the employer for. Do you know if the pothole is still present as photographs of the pothole showing the depth will be needed. If the pothole is repaired, did you obtain any photographs at the time? Here you’ll see examples of the way to take photographs of potholes to give a claim the best chance of success.

      You have a serious injury with potentially long term consequences. Even if the employer were to pay you for the time that you cannot work, you need to consider whether this injury will prevent you from being able to work in your chosen profession and whether you will be able to earn as much as you are used to – or even if you’ll be able to work as much as normal in the future. With that in mind, making a claim for compensation is the only fair outcome given the cause of the accident and the nasty injury.

      Contact us on 01225430285 or ask us to call you, so that we can get our Solicitors to make your claim.

      Reply
  2. Adam David

    I work shift work at a bar at a theatre. In February I slipped and broke my arm, my workplace payed me for the shifts I signed up for on the following month. However covid-19 has meant that the theatre also hasn’t been able to operate since halfway through the same month. I’ve been on furlough since the venue closed. I’ve been worried that making a claim will cause bad blood between me and the company. As the furlough scheme is coming to an end in October and it looks like the company still won’t be able to put on shows until next year I’m worried that if I make a claim now, when furlough comes to an end they might get rid of all the barstaff and rehire everyone when events are back on, but if I make a claim I fear they might not take me back. Technically they’d be not be getting rid of me because of the claim as they would be able to make it seem as it was because covid. Should I wait until events start up next year to make a claim to make sure that doesn’t happen?

    Reply
    • Ian Morris

      You have 3 years from the date of the accident to make a claim, so you can delay the process at this time. It is always ‘best’ to proceed with a claim at the earliest opportunity, but in your case as long as the details of the accident and injury are recorded and the cause of your slip noted, delaying the claim until the spring of 2021 would be unlikely to damage your prospects of success.

      If you would like to speak with us, we can take some initial information and place the claim on hold and diarise to contact you next Spring to see if you wish to formally start the process. You can call us on 01225430285 or make further contact with us via our ‘start your claim‘ form.

      Reply
  3. Jose

    Hi, I suffered a accident at work on 2nd january, an Achilles’ tendon rupture and still out of work because my appointments was cancelled because of this covid-19. I’m receiving 40 hour a week as sick pay that’s good.Can you tell me if I can apply for an injury claim without any awkward situation that could involve between me and company? I work as landscape and i don’t want to claim and get consequences later even losing the job. Please can you give me advice about that?

    Reply
    • Ian Morris

      By law, you are afforded the right to make a claim for compensation against an employers obligatory insurance cover without having any impact on your right to continue with your work. So long as you are acting honestly and within the law, you should have no concerns about pursuing your legal right to make a claim for personal injury compensation.

      Reply
  4. Martin

    Hi, I had an accident at work which left me with a double groin hernia, a torn cartilage in my left knee and a herniated disc in my lower back. This happened by picking up an object that was 158kg, this is common practice. I have had surgery on the double hernia and I have had 2 epidurals on my lower back for the herniated disc plus I have been having physio on my back and knee. I didn’t receive proper manual handling training. Other issues I have faced because of this accident are 1) accident report was falsified. 2) I didn’t receive a return to work after both epidurals. 3) my original return to work after the accident was lost and my manager filled out another form and back dated it then handed it to HR. 4) I was off for over 7 days after the injury but it wasn’t reported to RIDDOR as I had previously (about 2 months prior to the accident ) booked 2 days holiday which just happened to be in between the 8 days off I had for the injury.

    I want to make a claim but I believe the manager involved will try and get me sacked. Do I have rights if I get confronted by workers or management about a claim? Also how serious is it that the return to work was forged and the fact that I didn’t receive 2 other return to works following the epidurals? Is it illegal to dodge RIDDOR. A lot of other things happened but this is the main issues

    Thanks

    Reply
    • Ian Morris

      You most certainly have rights to pursue a claim if an employer has been negligent and caused you to sustain injury. Your description of the situation leads us to an initial view that you have a valid claim for hernia compensation that should be pursued. We would like to assist you in doing so.

      You cannot be sacked or discriminated against for pursuing a claim for compensation so long as you are acting honestly. Indeed, when you have instructed a Solicitor to act for you, your employer or their insurers cannot discuss the claim with you and would need to go directly to your Solicitor. Should an employer or manager attempt to pressure you or divert you from pursuing your legal right, your Solicitor would be able to assist in forcing them to cease such activities.

      We look forward to helping you exercise your legal rights to pursue your claim for compensation.

      Reply
  5. Robbie

    Hi, I broke my back at work, transverse fracture of L2,L3 and L4 along with some other minor injuries. This happened due to the forklift driver slamming his brakes on whilst I was on a pallet causing me to fall and land on the corner of a pallet. I am considering compensation claim but I am worried about losing my job or it causing an atmosphere at work.

    Reply
    • Ian Morris

      Whilst your concerns about your employer and the impact of making a claim are totally understandable, you need to put your own interests at the forefront of any thoughts you have with regards to your potential claim.

      You have suffered serious injuries – any spinal injury such as the one you have sustained is likely to have a permanent implication to your life. Given that, if you don’t make a claim within 3 years of the date of your accident, you will never be able to take action and you could well find in the future that you have pain, discomfort and inherent weakness in the back as a result of this incident. Whilst you would expect us to say so, we certainly believe that you should make a claim against your employers insurance on this occasion.

      It is important for you to know that as a person injured in a non-fault accident at work, you have a LEGAL right to make a claim for compensation and making claim should not impact on your right to continue with your work in any way shape or form. Surely, your employer would not hold it against you if you were to make a claim given the severity of your injuries? It is obvious to anyone that it was a serious injury and that you are likely to be aware of the issues such injuries will present for the rest of your life. It is not as if you had a minor bruise to your bum or something!

      Please call us on 01225430285 to find out a bit more about making a claim. You won’t be obliged to pursue anything or sign the paperwork to enable a claim to proceed, but we feel that you have a valid claim and we would like to help.

      Reply
  6. Gavin

    I injured my knee at work. I did it after kneeling on the floor. I have prepatellar bursitis, already diagnosed by a doctor. Although kneeling isn’t part of the job to the degree of a carpet layer for example there is still a decent amount and there is no knee pads available for kneeling on the concrete floor. If we want knee protection we have to try and find shipping foam or something similar to kneel on.

    I have had a similar injury before which healed itself in a couple of days with ibuprofen and paracetamol with no swelling just pain when I put any pressure on the kneecap.

    However this time it has swollen and limited my range of movement and makes walking painful. It has been like this for 3 weeks now, I have booked another appointment with my doctor because I have followed their advice and they appeared confident that it should have cleared by now.

    Reply
    • Ian Morris

      If the work you are employed to do involves you kneeling on hard floor surfaces regularly, there is a case to make that your employer should have assessed this as a possible risk to health and provided you with knee pads. As the employer appears to have failed to offer anything to reduce the risk of injury to your knee, it may be possible to pursue a claim for personal injury compensation. If you or any colleagues have previously reported the lack of knee protection, that would add strength to any future claim.

      The injury that you mention (bursitis) is commonly associated with repetitive strain or repetitive movements, so it is understandable that you have developed the condition.

      If you have not already done so, you should make your employer aware that the ‘injury’ you have is work related and make note to them that there is no knee pad provision for the kneeling work that you need to do.

      If you would like to speak with us further about a possible claim and seek specialist advice from our expert Solicitors please do call us on 01225430285 or let us know when you would like us to call you. Initially, we would spend around 5 minutes on the phone with you to take some initial basic information. This information would then be passed to one of our expert specialist Solicitors who would then contact you directly to further discuss your situation and offer advice as to whether or not a claim can proceed (which we anticipate it can).

      Reply
      • Gavin

        Thank you for your response. I have sent an email explaining what happened, and included a note pointing out there is no provision for knee protection of the hard surface. I reported it to my manager as soon as it happened but in the early days it was just a case of I couldn’t kneel down and we worked around it but it gradually got worse. I suspect It hasn’t been recorded but have asked for clarification whether it has and entered and a short statement about what happened at the time of the accident and the days leading up to me being off work because I couldn’t carry on anymore (I can’t remember specific dates like when it happened just which week it was. I should have time and date written down at work but I’m not there).

        Reply
        • Ian Morris

          Your ‘story’ is certainly a little unusual, but given the symptoms you are struggling with and the lack of knee pads, seeking further advice from our specialist Solicitors would be a reasonable next course of action. If you would like to seek some further specialist advice, please do let us know.

          Reply
  7. MICHELLE

    I work in a school at lunchtime and I was interacting with the children playing (which is part of my job) when I slipped on a small flat cone on the ground. The outcome of this was me breaking my wrist. This happened at the end of June and I have been in a cast ever since and now I am wearing a splint. The break is not 100% healed and I have to go back in 6 weeks for more checks. If after the 6 weeks it has not healed 100% then they are going to operate.

    I want to know what I have to do if I want to make a claim for compensation. Do I have to tell my work about the claim that I am going to make? I have been in a lot of pain all this time and there is a lot of things that I could not do in this period.

    Reply
    • Ian Morris

      Starting a claim for personal injury compensation with us is a very easy process and you can simply ask us to call you when you are available and we can discuss your situation and explain the process of claiming and steps that you will go through in making a claim.

      Of course, we understand that you may have questions, concerns or even worries about making a claim against an employer but you should remember that you have a legal right to make a claim after suffering an injury at work. In your case, you have clearly suffered a serious fracture and the fact that you have still not recovered fully and may well face surgery, indicates that the injury is having a big impact on your day-to-day lifestyle and happiness.

      You do not need to discuss your intentions to make a claim with your employer. Of course, you can do if you wish, but in all honesty, you can simply allow a specialist Solicitor – such as those who represent our claimants – to pursue your claim and liaise with your employers insurers. Remember, you are not claiming against your colleagues or those who work in the school, but against their employer liability insurance policy.

      We would very much like to help you and look forward to hearing from you.

      Reply
  8. David

    I work as a Marketing Assistant and drive a works van for my job. This week a driver smashed into the back of my van causing damage to van and neck and back pain to myself. If I instruct you to claim on my behalf from the driver, will my employer need to be informed?

    Reply
    • Ian Morris

      Any claim would be made against the defendant insurers – in this case, not your employer but the 3rd party. Any claim would be private and the only possible area of contact with your employer that I could see at this stage would be a possible need for them to confirm that you were driving that vehicle at the time.

      Reply
  9. Terry

    I was working on a repetitive line in the factory I work for and, although they knew I had wrist osteoarthritis, the arthritis flared up and I asked to put it in the accident book. Went to sick bay with first aider but HR , health and safety manager, and production manager appeared and I was told to go home, which I did. Apparently nothing was put in the accident book. Were they right in their decision to send me home without putting it in the accident book? I also have depression and and anxiety and was unable to be assertive about anything.

    Reply
    • Ian Morris

      They are unlikely to have committed any malpractice in sending you home to recover from the symptoms you had complained of, but they should have made a report or noted the details within an accident book or incident reporting system. You should enquire with them as to whether this was done and if not, why not. I would also recommend that you make your own written report to HR and copy your Manager and H&S Manager in advising of what happened.

      Whether or not you would have a valid claim for the exacerbation of your osteoarthritis is not clear. Much will depend on what training you are provided with, how the employer manages repetitive workload (breaks and rotations) and whether the employer has provided the right equipment to enable you to work safely.

      If you would like to find out more about whether or not you can pursue a claim, please call us on 01225430285.

      Reply
  10. D. Woodman

    If you’re making a claim are you allowed to talk to anyone about it, workmates etc.?

    Reply
    • Ian Morris

      Whether or not you choose to discuss your claim for compensation with anyone is of course, up to you. If you have had an accident at work and you’re making a claim for compensation, it is always wise to be careful as to who you choose to discuss your claim with. As with any personal information, there will be some information that you would not wish to be discussed amongst the workplace in general that could be passed on and discussed without your permission.

      It is wise to remember that you don’t want your employer to know certain details about your claim. For example, your Solicitor may have discussed specific information about the claim with you that could be used to strengthen your claim. If your employer found out about this it could give their insurers help in defending the claim and have a negative impact on the outcome of your claim.

      Reply
  11. Fred

    I was unfairly treated and discriminated by a store manager when I asked for a refund! Since then I’m suffering depression and anxiety, what kind of compensation can I claim?

    Reply
    • Ian Morris

      If you are saying that you were treated badly and spoken to rudely by a store manager when shopping, I am not sure that you will be able to prove sufficient harm was caused to warrant making a claim for compensation.

      If you were subjected to bullying and mistreatment in the workplace, you may be able to make a claim. You would have had to raise a grievance with the employer and make sure that they are aware that your anxiety/depression has been linked to this treatment by your GP. As to how much you could claim, it is impossible for me to say at this stage as we would need to see medical evidence of the psychological damage caused to you in order to evaluate the claim.

      Reply
  12. Anonymous

    Hi ,I had an accident in my work 1 month ago and my boss doesn’t let me go to see medical attention because he doesn’t have a workers compensation and He just get one and he ask me to change the day of the accident so He can claim to the new insurance. What can I do I have a lot of pain in my shoulder and I can’t put my arm up and He is sending me text message making a different history.

    Reply
    • Ian Morris

      Given that your employer is acting dishonestly, I would suggest that you report the accident to the relevant Health & Safety authorities. Employers have a duty of care to ensure that accidents are reported honestly and correctly, they have a further duty of care to allow injured workers to seek medical attention for their injuries.

      I hope that this information helps you.

      Reply
    • Louisa

      I got a injury claim against my previous employer , can my previous employer intimidate me via email regarding the claim ?

      Reply
      • Ian Morris

        When a claim is made against any party, whether that be a current employer, former employer, 3rd party or any other organisation, the defendant should only communicate with the claimant via the official channel and that is between their insurers/legal team and the legal representative of the claimant. In your case, if you face intimidation from the former employer, you should immediately make your Solicitor aware of the same so that they can deal with the issue for you.

        There is certainly no way that you should allow any party to intimidate you to NOT make a justified and legitimate claim for personal injury compensation.

        Reply
  13. Julie Hayden

    Hello. I feel daunted at the thought of claiming compensation. Saying that, I feel I should. In August 2016, I tripped on a cracked concrete step at work and land at the bottom of a flight of 5 steps. I sustained two badly broken wrists for which I am still having intense physiotherapy. Both my wrists are weak and the right one is stiff and inflexible with a lot of pain. I have been told that I probably wont improve much more and almost certainly suffer from osteoarthritis in the future. I can only do light duties at work. I can only do light duties at work and I ‘m very worried about this. Is a claim worth pursuing please?

    Reply
    • Ian Morris

      Julie

      Hi, you have come to the right place! We fully understand why the thought of entering in to what can seem a complex legal situation with regards to making a claim for compensation after an accident at work. Don’t worry – we can help you understand your rights and would do all we (and our Solicitors) can do to ensure that your claim succeeds.

      Your situation is clearly a serious and distressing one. Suffering breaks to both wrists is distressing enough, but to then be left with ongoing problems and what seems to be a permanent loss of dexterity and range of movement clearly compounds the upset.

      Given the severity of your injuries, you do not need to have any concerns or feelings of guilt about making a claim for compensation. Indeed, I would say that the situation in which you find yourself is exactly why No Win No Fee claims exist.

      Clearly, we need to find out a little more about your accident to offer a more comprehensive view of whether or not your claim can proceed. That said, at this stage I would be confident that we would be able to help you get things moving and start the claims process with you.

      Reply
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