As you deal with the pain and suffering of sudden workplace injury, you might also be asking ‘Can I be sacked for having an accident at work?’. The stress of worrying about losing your job because of an accident can be an added burden right now.
Perhaps you were injured by the fault of others. If you need to seek accident at work compensation from your employer because they were negligent, this guide will offer helpful information on your options.
Read on to learn more about whether you can be sacked after an accident at work, what your rights are if you are unfairly dismissed, and if you have the right to seek compensation for a workplace injury. Also, you will learn how our panel of No Win No Fee accident at work solicitors could support your case.
You’ll also find contact options for speaking to the team of advisors about starting a compensation claim. Reach out at any point:
- You can ring 0800 408 7827 for direct help.
- Also, you can use our instant chat pop-up box.
- Contact us online to discuss the claims process.
Select A Part Of Our Guide
- Can I Be Sacked For Having An Accident At Work?
- Can I Make An Accident At Work Claim If I Have Been Sacked?
- How Do I Prove That An Accident At Work Wasn’t My Fault?
- How Our Panel of Solicitors Can Help You Sue For An Accident At Work
- Can I Make An Accident At Work Claim On A No Win No Fee Basis?
- Read More About Claiming For Accidents At Work
Can I Be Sacked For Having An Accident At Work?
It is very often the case that if you have an accident at work, you cannot be sacked for it. However, if you are deemed responsible for the accident, your employer is within their rights to assess the circumstances and this could lead to your employment contract being terminated.
If you are sacked for having an accident at work that was not your fault, then you may be able to claim for unfair dismissal. Dismissal can be seen as unfair if:
- Your employer didn’t follow your company’s dismissal process
- They didn’t have a fair reason for dismissing you
Furthermore, if you suffer an injury in the workplace for which your employer is responsible, then you could have the right to seek compensation through an accident at work claim.
Can I Make An Accident At Work Claim If I Have Been Sacked?
Under the Health and Safety at Work etc Act 1974 (HASAWA) all employers must take practicable and reasonable steps to protect their employees from harm and control hazards whilst working.
If this duty of care is breached in some way, and the employee is injured as a direct consequence, they cannot be sacked for this. If they are dismissed, the employee may have both a legitimate claim of unfair dismissal and a valid claim for personal injury compensation against the employer based on health and safety concerns.
Even if you have been sacked from your job, if your employer is liable for your accident, you still have the right to seek compensation for your injuries.
How Do I Prove That An Accident At Work Wasn’t My Fault?
Evidence is fundamental to disputing your dismissal and making a claim for workplace accident compensation. It needs to show how the employer breached their duty of care to your safety and how you were not to blame. With this in mind, we have listed some examples of useful evidence:
- Workplace CCTV footage of what happened (which you are entitled by law to request).
- Get the contact information of eyewitnesses who can provide statements.
- Obtain photocopies of your medical records from those who treated your injuries.
- Take mobile phone footage or photos of the injuries and the cause.
- Get a duplicate copy of the workplace accident book entry about the incident.
Furthermore, all this evidence can help lay the foundation of a work compensation claim against the employer. Speak to our advisory team to learn more about useful proof for both unfair dismissal and injuries caused by a breach of duty of care.
How Our Panel of Solicitors Can Help You Sue For An Accident At Work
A personal injury claim for compensation can be complex and time-consuming. However, it is not something that you have to face alone. The expert No Win No Fee solicitors on our panel can take up eligible workplace accident claims and handle them alongside you. There are considerable benefits to working with a work injury solicitor, for example:
- They can help you collect supporting evidence.
- Gather statements from witnesses.
- Properly calculate the amount of compensation you’re owed.
- Deal with all the court requests for evidence and documents.
- Strongly argue on your behalf for the best settlement.
- Also, they will obtain medical proof of physical and psychological injury from experts.
Can I Make An Accident At Work Claim On A No Win No Fee Basis?
In addition to all these excellent services, they can represent you under a version of a No Win No Fee contract called a Conditional Fee Agreement (CFA). Typically, terms like these mean that no upfront or ongoing solicitors fees need to be paid to start work on your claim. Also, under a contract like this. no solicitors fees are owed for completed services if the case fails.
A ‘success fee’ needs to be paid to your solicitors if the personal injury claim is successful. However, the amount deducted is a legally restricted percentage of the compensation payout. This cap means that the claimant is always the one who benefits the most from the successful claim outcome.
If this sounds of interest to you and you’d like to see if your claim is eligible to seek legal advice from a solicitor to help, get in contact with our advisory team. In addition, they can answer the question ‘Can I get sacked for having an accident at work?’ in more detail:
- Call on 0800 408 7827.
- Also, you can use our instant chat pop-up box.
- Alternatively, contact us using this form online.
Read More About Claiming For Accidents At Work
Lastly, these other guides about personal injury claims from our website may be useful:
- Read how to sue a former employer for an injury in this guide.
- Also, information on legal action for a minor injury in the workplace.
- Details on how to sue a company for negligence here.
External resources:
- This resource looks at your rights regarding constructive and unfair dismissal.
- Also, information in dismissals for conduct or performance reasons.
- In addition to this, the employer’s responsibilities are detailed by the HSE.
In conclusion, we value your interest in our guide and hope it has helped answer the question ‘Can I get sacked for having an accident at work?’. For any more information after a workplace accident, please connect with the team.