Should I talk about my compensation claim with my employer?

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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 accident at work that was not your fault, one of your rights is to make a work injury claim. 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.

What can happen if you claim against 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.

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Comments & Questions

Read on for questions and advice about claiming...

I was using an industrial mixer at work and something fell in, my instinct was to get it out and It resulted in an open fracture, this has left me with slight disfigurement and sensitivity in my finger, I did tell my employer it was my fault, could I still make a claim?

Ian Morris

We would certainly like to speak with you as you may well be able to make a claim. We’d like to find out more about your accident at work, learn more about your training and what experience you had of using the machine in question and what PPE provision your employer had in place. Of course, in hindsight, placing your hand in to the mixer to retrieve an item was not the best idea, but that does not mean that you cannot make a claim. We would like to know more about what it was that went in to the mixer and how that happened so that we can further advise you. Even if you were to have to accept some element of contributory negligence, you would still be able to make a claim and we’d like to help you with that.

Please call us on 01225430285 or use our website to request a call from us.

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I was working in a small roofspace, upon crawling out of this area between a tight ventilation shaft, my trousers got caught on a sharp piece of metal this cut my leg (not deeply). I tried to unhook the metal from my trousers and fell on my left leg, this caused crushed nerves and pain in my thigh. My doctor diagnosed the crushed nerves and I had to see a physio. This was 8 months ago, I still have pain in this leg and have another appointment to see my doctor. I raised the issue with my manager (sent pics of the sharp metal and was given time off to see doctor and physio) this is detailed in a email. However no one has contacted me back in the eight months to talk about this. Do I have grounds to make a claim. Thank you.

Ian Morris

You are likely to have grounds to pursue a claim for personal injury compensation given the cause of your accident and the fact that the piece of metal in question was hazardous and likely to cause injury. This should have been identified on any pre-work inspection by the company or in a risk assessment of the work you were undertaking.

The injury you sustained is a nasty one and recovery is not a quick process in such situations. As such, we’d be delighted to help you. You can reach out to us on 01225430285 or if you prefer, ask us to call you for further help.

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I have bleeding ears after using headphones given to me by my employer which began around 2 years ago – should I have told him before I make a claim – there are no risk assessments, no HR department and if anyone reports an injury they are sacked.

Ian Morris

You do not need to inform an employer that you are making a claim for personal injury, but it is important that you report (and put on record – in writing) of any injury caused within the workplace. This would apply to injuries caused by equipment provided by an employer – such as your headphones or due to workstation set up or injuries sustained in accidents or due to inadequate training.

Further, your employer cannot legally dismiss an employee who reports an injury sustained at work – unless they sustained their injury as a result of their own misconduct and are subjected to a formal disciplinary process. As you appear to have worked for the employer for over 2 years, you are protected by employment law.

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I had a broken hip due to an accident at work on a livery yard. I was told by my employer that a freelancer would cover my job until I would be fit for work again. One week later my employer sent me a letter ending my contract. This all began on the 17th of August and I have not been able to work since and it could be quite a lengthy road to recovery. What should I do?

Ian Morris

If you had worked for the employer for more than 2 years at the time of the incident, there could be grounds for an unfair dismissal claim – but you would need to act very quickly to ensure that you were within the 3 month limitation on employment law claims. We have specialist Solicitors who can assist you in this area and if you would like to discuss your dismissal and the legalities (or otherwise of the same) with them, please let us know.

As for the hip injury, we can consider whether or not you can pursue a separate claim for personal injury compensation against the employer. You have 3 years to pursue such a claim and the first thing we need to do is understand how you were injured and what happened. We can then ascertain whether the employer has been negligent in anyway in terms of appropriate training, adequate equipment provision and advise you as to whether or not you can make a claim.

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Can I still make a compensation claim even though my employer reconsider my dismissal?

Ian Morris

If you need legal advice on this matter, the best course of action would be to use the start your claim page of our website to submit an initial enquiry detailing the situation in which you find yourself. Our specialist Solicitors can then advise you as to your rights and options.

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Hi,
Can I ask, My employer wants to change my contract, so if I were to be awarded compensation for an injury not my fault, they want to take any money that they paid above statutory sick pay whilst we were off. Can they do this?

Ian Morris

An employer cannot recover your wages from your claim. If you receive sick pay whilst off work, that is an agreement between your employer and yourself but if you do receive your usual salary, you cannot recover loss of income in your claim as you have already received it.

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Hi Ian

Could I ask please why would my solicitor want access to my dwp and hmrc records in my personal injury claim?

Ian Morris

If you have received any state benefits as a result of your injuries, you may be forced to repay them from settlement and your Solicitor would want to ensure that this is done in the way that least disadvantages you.

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Should my ex employer be in contact with me if a compensation claim has been lodged?

Ian Morris

When a claimant takes action and pursues a claim for compensation, the defendant should not correspond with the claimant directly (unless the claimant is representing themselves and does not have a specialist No Win No Fee Solicitor acting for them) and must address all correspondence relating to the claim to the claimants legal representative.

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I had a work accident and I have a claim against my employer. After 2 years the company try to ring me to ask about how do I feel. Do I need to talk to them or they can call only solicitor?

Ian Morris

The employer can discuss work with you, your role and any related aspects. With regards to your accident, they cannot discuss your claim directly with you and must go via your Solicitor to do so. They can however discuss the accident and any relevant investigations linked to the same with you.

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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, 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. Should I wait until events start up next year to make a claim to make sure that doesn’t happen?

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.

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Hi, I suffered a accident at work on 2nd january, an Achilles’ tendon rupture and still out of work because my appointments was cancelled. 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?

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.

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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.

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.

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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.

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.

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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.

Ian Morris

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.

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Hello, my question is should I tell my manager I’ve put in a claim?

Ian Morris

You do not have to inform your manager as it is a private matter. However, if you are on good terms with your manager you can advise them that you are claiming against the employers insurance for the injuries you have sustained.

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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?

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.

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

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.

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