How does claiming compensation for an accident at work affect my employer?

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When an employee is injured they are often left in a quandary as to whether to pursue a work accident claim against their employer. They worry that making a claim could cause the business financial hardship, or lead to colleagues losing their job.

Most of the time, these concerns are unfounded.

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.

The claim will be addressed to the insurers of the employer.  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?

In most circumstances, your manager and colleagues will never know that you have made a claim unless you tell them yourself. The process of claiming is straightforward and confidential. 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.

The benefits of making a claim

The whole point of claiming is to seek some justice and receive compensation for your injuries and losses. 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.

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Comments & Questions

Read on for questions and advice about claiming...

Hello, I work in construction, and was crushed by a large piece of concrete, it twisted my knee and broke 3 bones in my foot. I’ve been off work for 5 weeks so far and I’m still off work and recovering, my only concern is, when the accident happened I told my boss and was told I would be looked after so I didn’t report it onsite, so it didn’t cause any issues for my employer, however he hasn’t kept his word, would I still be able to get a claim? Thanks in advance for your help.

Ian Morris

Despite your failure to report the incident on site, you can still seek to pursue a claim. If an ambulance attended the scene of the incident, it will strengthen your claim as evidence will be available to prove you were injured on the site.

If you would like further help and want to pursue your claim, please call us on 01225430285.

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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.

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.

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I’m a contractor who works permanently onsite, although my employers have been very supportive I’m concerned that if I made a claim it would be against the client who I work for, and obviously concerned about my future employment.

Ian Morris

Your concern is a commonly aired one by anyone injured in an accident at work. The law is clear, in that if you are injured in an accident that was otherwise avoidable – and in this situation, that would appear to be the case – you have a legal right to pursue a claim for personal injury compensation against whoever is the responsible party for the site of the accident. Further, you cannot be discriminated against for acting legally and exercising a right to pursue a claim for damages.

Clearly, you need to consider your options before deciding which course of action you should take.

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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.

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.

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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!

Ian Morris

The employer would be made aware of the claim by their insurers. That said, your employers would not directly discuss the claim with you as the matter would be between your Solicitor and the employer’s 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.

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If I was to make a claim, who would this affect – my employer or the business where I was carrying out the work?

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.

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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?

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.

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Hi,

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

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.

Ian Morris

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.

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.

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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?

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.

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