Having an accident at work is stressful enough without the added worry of losing your job. If you’ve recently been injured in the workplace, you might be asking yourself: “Can I be sacked for having an accident at work?” or “What happens if I make a claim against my employer?”
The short answer is that your employer cannot legally dismiss you simply for having an accident at work. However, the circumstances surrounding the accident matter, and understanding your rights is crucial.
Your Employer’s Legal Responsibilities
Under the Health and Safety at Work Act 1974, your employer has a legal duty of care to ensure your safety. This means they must:
- Provide a safe working environment.
- Supply proper training and equipment.
- Maintain machinery and equipment in good working order.
- Implement adequate health and safety procedures.
- Provide appropriate personal protective equipment (PPE).
When an employer fails in these responsibilities, and you’re injured as a result, they may be liable for your injuries — not the other way around.
When Can an Employer Legally Dismiss You?
While you cannot be sacked simply for having an accident at work, there are limited circumstances where dismissal might be lawful. According to Section 98 of the Employment Rights Act 1998, an employer can only dismiss you for one of five fair reasons
- Lack of Capability/Qualifications: You don’t have the necessary skills to do your job.
- Misconduct: You’ve committed gross misconduct or received proper warnings for repeated misconduct.
- Redundancy: Your role is being eliminated (following a fair redundancy process).
- Legal Restriction: Continuing to employ you would break the law.
- Another Substantial Season: Your employer would need to prove this reason to an employment tribunal.
What About Fault?
If an accident occurred because of your deliberate negligence or gross misconduct, for example, you ignored safety procedures, didn’t use provided PPE without good reason, or took on tasks you knew you weren’t trained for, your employer might have grounds for disciplinary action.
However, even in these situations, your employer must follow proper disciplinary procedures, including conducting a fair investigation and giving you the opportunity to present your side of the story.
Can I Be Sacked for Making a Claim?
Absolutely not. If you make a legitimate personal injury claim against your employer after a workplace accident, they cannot dismiss you for doing so. This would constitute unfair dismissal.
Every employer in the UK must have employers’ liability insurance specifically to cover workplace injury claims. When you make a claim, it’s actually the insurance company that handles the case, not your employer directly. Many employees successfully pursue compensation claims while maintaining good relationships with their employers.
What If I’m on Long-Term Sick Leave?
This is where things become more complex. Employers can legally dismiss employees who are on long-term sick leave, even if the absence resulted from a workplace accident. However, if you’ve worked for your employer for two years or more, they must first:
- Consult with you about your recovery and return to work prospects.
- Consider whether you could return to work (potentially with adjustments).
- Review medical evidence.
- Explore suitable alternative employment options.
If you have a disability as defined by the Equality Act 2010, your employer has much greater obligations. They must consider reasonable adjustments to help you continue working, such as:
- Modified work hours or part-time arrangements.
- Different duties or relocated workspace.
- Specialist equipment.
- Additional support or training.
Dismissing you without properly considering these adjustments could constitute disability discrimination.
What Should You Do After an Accident at Work?
To protect yourself and your rights, take these steps immediately after a workplace accident:
- Report the accident to your supervisor or manager as soon as possible.
- Ensure it’s recorded in the company’s accident book.
- Seek medical attention to have your injuries properly documented.
- Take photographs of the accident scene if possible.
- Collect witness details from anyone who saw what happened.
- Request CCTV footage if cameras captured the incident.
- Follow up in writing by way of an email confirming what happened to create an audit trail.
Your Rights If You’re Disciplined or Dismissed
If your employer takes disciplinary action or dismisses you after a workplace accident, you have several rights:
- Right to a fair investigation and disciplinary procedure.
- Right to appeal any disciplinary decision.
- Protection from discrimination under the Equality Act 2010.
- Right to claim compensation for personal injuries caused by employer negligence.
- Right to challenge unfair dismissal at an employment tribunal (if you have two years’ service).
For an employment tribunal claim, you typically have just three months from the date of dismissal to bring your case, so it’s essential that you act quickly if you believe you’ve been unfairly dismissed.
Making a Personal Injury Claim
If your accident was caused by your employer’s negligence, you have the right to claim compensation regardless of whether you were dismissed or remain employed. You can claim for:
- Pain and suffering from your injuries.
- Loss of earnings (past and future).
- Medical expenses.
- Care costs.
- Other accident-related losses.
You have three years from the date of the accident (or from when you realised your injuries were connected to the accident) to make a personal injury claim. It’s worth noting that having a pre-existing condition doesn’t prevent you from claiming. If your workplace accident aggravated or worsened an existing injury or condition, you may still be entitled to compensation.
The time it takes to settle a personal injury claim varies depending on the complexity of your case, but many straightforward workplace injury claims can be resolved within several months to a year, while more complex cases involving serious injuries may take longer.
What About Contributory Negligence?
If you were partly at fault for the accident, for example, you didn’t use provided PPE but also didn’t receive adequate safety training, you may still be able to claim compensation.
However, your award would be reduced by the percentage you were deemed responsible. This is known as contributory negligence.
Getting Support and Advice
If you’re facing disciplinary action or dismissal after a workplace accident, don’t face it alone:
- Trade union members should contact their union immediately for free legal advice and representation.
- ACAS (Advisory, Conciliation and Arbitration Service) offers free, impartial advice on employment rights.
- Employment solicitors can advise on unfair dismissal claims.
- Personal injury solicitors can help you pursue compensation for your injuries.
Many solicitors offer no win, no fee arrangements for workplace injury claims, meaning you won’t pay legal fees unless your claim succeeds.
The Bottom Line
Being injured at work is traumatic enough without worrying about your job security. Remember these key points:
- You cannot be sacked simply for having an accident at work.
- You cannot be dismissed for making a legitimate injury claim.
- Your employer has a legal duty to provide a safe workplace.
- If dismissed unfairly, you can challenge this at an employment tribunal.
- You have three years to make a personal injury claim for workplace injuries.
If you’ve had an accident at work and are concerned about your job security or want to explore your options for compensation, seek professional legal advice as soon as possible. Your rights are protected by law, and specialist solicitors can help ensure those rights are respected.
Don’t let fear of losing your job prevent you from getting the compensation and support you deserve after a workplace injury.
To discuss any matters regarding personal injury contact a specialist personal injury solicitor immediately. The expert team at WHN Solicitors is here to help. Contact Katie Wright at 01200 408303 or email katie.wright@whnsolicitors.co.uk to find out more.
