Making A Claim Against An Employer Following An Accident At Work
“Making A Claim Against An Employer Following An Accident At Work”, Timms Personal Injury Solicitor, Natasha Layton discusses…
Unfortunately, even in this day and age there are many employers who still do not take adequate health and safety precautions to keep their employees safe at work. Therefore, exposing them to unnecessary risk of injury.
This can range from unsafe premises to inadequate working equipment and/or personal protective equipment, incompetent fellow employees, unsafe working procedures, and processes. All these failures by employers can often lead to employees suffering injuries whilst at work.
Throughout my career I have represented many Claimants who have suffered injuries as a result of their employers’ negligence. These employees have consequently experienced not only physical suffering, but also often psychological trauma and financial struggles. This is often caused by having to take time off work to recover from the injuries.
Fortunately, a lot of Claimants, through effective treatment and rehabilitation, are able to recover from their injuries with no or minimal long-term effects. However, sometimes these injuries can be life changing causing the claimant to lose their independence and suffer a lower quality of life, and sometimes even rendering the Claimant incapable of ever returning to work again.
Liability Insurance
All employers are required by law to have employers’ liability insurance to cover them for such eventualities. This certificate of insurance should be kept up to date and renewed annually. The insurance certificate should be accessible to all employees and should be displayed in a communal area of the employee’s workplace such as a staff canteen or kitchen.
If an employee has been unfortunate enough to suffer an injury as a result of their employer’s negligence then the insurance company should deal with any claim for compensation they may have against their employer.
Making A Claim
I have many years of experience representing injured Claimants in securing damages against their employer. This includes making sure the injured person is receiving appropriate treatment and rehabilitation support, as well as pursuing a compensation claim on their behalf for pain suffering and loss of amenity and financial losses including a claim for loss of earnings.
Can My Employer Dismiss Me For Making A Claim Against Them?
Unfortunately, sometimes the Claimant can also suffer a “negative reaction” from their employer by pursuing a claim against them.
I often get asked by clients whether their jobs would be affected because they are making a claim against their employer. Your employer cannot legally dismiss you for making a claim against them. Meaning that you cannot be forced out of your job or be sacked if you make a claim for compensation.
Whilst this is rare, if your employer does attempt to dismiss you, you are likely to be able to make a successful claim for unfair dismissal.
Unfortunately, this sometimes does not stop an atmosphere of bad relations in the workplace. If your relationship with your employer starts to break down and your working life becomes unbearable, you may feel that you have no option but to hand in your resignation. In these cases, you are likely to have a strong case for constructive dismissal.
If you have an accident at work or have any other personal injury queries, please do not hesitate to contact me at n.layton@timms-law.com or via phone on 01332 364436. Alternatively, visit the Personal Injury section of our website here.
December 2021