Have you been involved in an accident that wasn’t your fault? Perhaps it happened a while ago but you didn’t feel comfortable making a personal injury claim. If so, our guide on how to sue a former employer for an injury could help.
Sue a former employer for an injury guide
We have tried to cover as much as possible in our guide. However, if you still have questions after reading our advisors can help. They are available 24/7 to provide you with free legal advice on your case.
Additionally, they can connect you with a personal injury solicitor whenever you’re ready to start your claim. It may seem daunting now but even though you don’t work for the company anymore, you could still sue and get the compensation you deserve.
However, if you’re not quite ready and need more information first, our advisors can answer any questions you may have. Call us on 0800 408 7827.
Alternatively, continue reading for more advice on how to sue your employer.
About Suing A Former Employer For An Injury
- A Guide On How To Sue A Former Employer For An Injury
- What Is A Lawsuit Against A Former Employer For An Injury?
- What Injuries Or Illnesses Could I Claim Compensation For?
- Who Could I Sue? Duty Of Care In Work-Related Illness And Injury Claims
- What Evidence Do I Need To Sue A Former Employer For An Illness Or Injury?
- Do I Need To See A Doctor When Suing A Former Employer?
- Work Out How Much You Could Sue A Former Employer For
- Should I Accept The First Settlement Offer?
- Do I Need A Work Related Injury Claims Solicitor?
- How To Sue A Former Employer For An Injury At Work With A No Win No Fee Solicitor
- Ask Our Team About Suing A Former Employer For A Work Related Injury
- Get Free Claims Advice
- FAQs On Suing A Former Employer For An Injury
- Claims Resources
A Guide On How To Sue A Former Employer For An Injury
If you have suffered an injury at work that was caused because your employer acted negligently you could be eligible to make an accident at work claim. This is even true if you no longer work at the same workplace. Perhaps at the time of the incident, you didn’t want to risk preventing any career progression within the company. Or you were worried that if you made a claim against your employer you may be sacked.
Every employer owes their staff a duty of care to keep them as reasonably safe in the workplace as much as can be expected. This is applied by legislation: The Health and Safety At Work etc Act 1974. When an employer fails to adhere to workplace safety legislation they can be liable for harm that is caused as a result.
Our guide will be taking a detailed look into important questions you may have. For example:
- How long do you have to sue a former employer?
- Can I take legal action against an employer in the UK?
- How to sue a company that failed to keep you safe
- Can I sue my employer for unfair treatment?
Additionally, we’ll be covering:
- Duty of care owed to you
- Types of injuries you could sue for
- Compensation and how it’s worked out
- Benefits of a solicitor
- No Win No Fee agreements
For more information on the process of making a claim against your employer, see below.
What Is A Lawsuit Against A Former Employer For An Injury?
Suffering an accident at work can be overwhelming. There are lots of things to consider. If the accident wasn’t your fault, you might have felt betrayed by your employer. However, you might have been concerned about maintaining a positive relationship with them too. Now you might feel it’s too late if you no longer work for them.
We understand what you’re going through. However, you have more rights than you think. For example, if the company you are suing is no longer in business, you can still claim. If they had Employers’ Liability Insurance at the time they were open, you can pursue a claim against the insurer who could pay out compensation in a successful case.
Additionally, if you no longer work for the company, chances are the accident happened a little while ago. However, you can still make a claim as long as it’s within three years of the accident. There are exceptions to this time limit though.
For example, if you weren’t aware of your injuries straight away. In this instance, the three years starts from the date you obtained knowledge or awareness of the injuries. This would be most relevant to cases of work-related asbestos or industrial disease.
There are other exceptions to the time limits. However, if you require further information on how long you have to make a claim, call our team on the number above.
If you’re wishing to start the process of claiming against a former employer, you might consider seeking legal advice from a personal injury solicitor. They can advise on the next steps when you sue a former employer for an injury at work.
What Injuries Or Illnesses Could I Claim Compensation For?
To be eligible to make a claim for injuries caused in an accident at work your case must meet specific criteria. You could sustain all kinds of injuries at work including; broken foot injury, broken finger, or a fractured arm. Accidents in the workplace aren’t uncommon. For example, there were 65,427 non-fatal injuries recorded by RIDDOR in 2019-2020. This covers accidents of all kinds. However, some of the most common accidents recorded by RIDDOR include:
- Slips trips and falls on the same level which accounted for 29%
- Handling, lifting and carrying accounted for 19%
Furthermore, HSE/RIDDOR recorded 111 fatalities, caused by various accidents. For example, falls from height, being struck by a moving vehicle or an object.
The accidents caused injuries of various types. However, there were some more frequent injuries than others. For example:
- 18,535 fractures
- 18,371 sprains and strains
Additionally, the HSE/Labour Force Survey (LFS) recorded 480,000 musculoskeletal disorders new and long-standing, which affected various parts of the body. For instance:
- Lower limbs
- Back
- Upper limbs and neck
In total there was 1.6 million work-related ill health cases as highlighted by the LFS. This included musculoskeletal disorders which accounted for 30% of all work-related ill health cases.
Musculoskeletal disorders can develop over time. For example, they could be caused by your employer providing chairs without proper lumbar support. However, you are still able to claim for these types of injuries as long as you can prove it was caused by your employer.
If you do claim, the compensation you get is split into general and special damages. General damages cover everything regarding your mental and physical pain and suffering from the injuries sustained. As well as the impact the injury has had on your quality of life. Special damages cover your past and future financial losses.
For more information on compensation, see our compensation table further down.
Who Could I Sue? Duty Of Care In Work-Related Illness And Injury Claims
Do you feel as though your employer has failed you? If so, you could sue a former employer for an injury. Every employer and employee has a duty of care in the workplace. An employer is required to do everything reasonably possible to keep you safe from harm. Additionally, an employee is expected to follow any procedures put in place by an employer.
The Health and Safety at Work Act etc. 1974 sets out rules that employers should follow. To keep the workplace safe an employer could;
- Carrying out a regular risk assessment
- Providing suitable equipment
- Giving staff relevant training
- Putting policies in place to reduce discrimination, bullying and harassment
If they fail to comply with safety legislation, they could be at risk of breaching their duty of care to you. Additionally, they could put themselves and you at risk of suffering a serious accident. In the event that an accident does happen, an employer should have Employers Liability Insurance just in case. So in cases where an employer has failed to take your health and safety seriously, you can seek compensation in a claim.
However, liability isn’t always clear-cut. In order to prove liability for cases like these, you need valid evidence. The evidence can help to show injuries weren’t sustained from other lifestyle factors.
For more information on useful evidence, see below.
What Evidence Do I Need To Sue A Former Employer For An Illness Or Injury?
Identifying liability is an important part of a personal injury claim case. For that reason, evidence is key. There are different types of evidence that could help. For example, evidence to prove the accident happened might include:
- Witness statements
- CCTV footage
- Pictures of the accident
- Pictures of your injuries
- Report of an accident in an accident book or a police report
Additionally, you may require other evidence to help prove any financial losses caused by the injury. For example:
- Receipts such as for transport and medical expenses
- Payslips to show any loss of earnings
- Invoices
- Any other document that can prove lost money
Further evidence may also be required to prove the injuries sustained were caused by the workplace accident. See below for more information.
Do I Need To See A Doctor When Suing A Former Employer?
In order to sue a former employer for an injury, you’ll need medical evidence. This can be obtained by visiting a medical professional. If you have already been, your solicitor may request medical reports of your visits.
Additionally, your solicitor may arrange an Independent Medical Assessment. However, if your injury happened a while ago, this will be taken into consideration.
Most importantly, any medical evidence can help you get the compensation you deserve. See below for the amount of compensation you could get for various types of injuries.
Work Out How Much You Could Sue A Former Employer For
Our table below shows figures of compensation for various types of injuries. Instead of using a personal injury calculator, the table provides a more accurate estimation of your claim.
The figures are taken from a Judicial College publication that solicitors use to value injuries. The figures are updated regularly. However, they are only a guide and figures could vary depending on your unique case.
| Injury | Severity | Average compensation amount | Comments |
|---|---|---|---|
| Psychiatric Damage | Moderately severe | £17,900 to £51,460 | There will be significant issues with social life, work and relationships. But the symptoms may subside with the correct treatment. |
| Psychiatric Damage | Moderate | £5,500 to £17,900 | Significant initial injury but there will be improvements made and prognosis is much better than in the above category. |
| Eye | Sight loss | £22,230 to £36,960 | One eye suffers serious loss of vision. But the other eye remains in tact. |
| Eye | Minor | £3,710 to £8,200 | Fumes exposure or being struck in the eye. |
| Ear | Loss of hearing in one ear. | £29,380 to £42,730 | One ear suffers total loss of sound. |
| Ear | Slight | Up to £6,580 | Slight noise induced hearing loss or slight tinnitus. |
| Back | Moderate | £11,730 to £26,050 | Fractures to the lumbar part of the vertebrae. |
| Back | Minor | £7,410 to £11,730 | Without surgery recovery 2 - 5 years |
| Back | Minor | Up to £2,300 | Within 3 months a full recovery is made. |
| Neck | Moderate | £7,410 to £12,900 | Soft tissue injuries that have accelerated and/or exacerbated an old injury. |
Call us on the number below and our advisors can provide further advice on compensation.
Should I Accept The First Settlement Offer?
During your personal injury claim, you don’t have to take the first offer of compensation. There is an option to provide a counteroffer. This process can continue until both parties are satisfied with the compensation settlement.
A solicitor can advise when to take an offer. However, all final decisions will be yours.
For more information on how a solicitor could benefit you when you sue a former employer for an injury, see below.
Do I Need A Work Related Injury Claims Solicitor?
If you’ve suffered an injury at work, a solicitor could help. There is an option to represent yourself in a personal injury claim. However, having a personal injury solicitor could be more beneficial.
For example, the claims process can be complex. For that reason, it can be helpful to have a knowledgeable solicitor helping you.
For more information on how to avoid additional expenses, see below.
How To Sue A Former Employer For An Injury At Work With A No Win No Fee Solicitor
A No Win No Fee agreement allows you to hire a solicitor without worrying about upfront costs. If your solicitor is unsuccessful with your claim, you don’t pay solicitor fees. If they do win the case, you’ll pay a legally capped success fee. However, the fee will be decided by you and your solicitor from the start.
Additionally, it can help to have someone advising you on the steps you need to take throughout the complex claim process.
Most importantly, you can avoid upfront costs and any costs that incur during the course of the claim.
Ask Our Team About Suing A Former Employer For A Work Related Injury
We understand how overwhelmed you might be feeling. If you have had a work-related injury that’s affected your personal and working life, it must be frustrating. However, we’re here to help.
Our advisors can provide further clarification on:
- No Win No Fee agreements
- Duty of care
- How to sue your employer that you no longer work for
Additionally, they can value your claim more accurately than a personal injury calculator. Each case is unique so they will need some information about your case first. For example:
- The severity of your injury
- Where it happened
- When it happened
- Who was responsible
Once they have more information, they can better advise on how much compensation you could claim.
For more information on how you can get in touch with us to sue a former employer for an injury, see below.
Get Free Claims Advice
Our advisors are available 24/7 to support you through this difficult time. They can provide free legal advice on any questions you may have.
Additionally, they can connect you with a personal injury solicitor who can advise on next steps and start your claim. Alternatively, our advisors can answer your questions for the time being if you’re not ready to claim.
Most importantly, we want to hear from you and how you’ve been treated so we can advise you on what to do about it. Contact us on:
- Telephone number – 0800 408 7827
- Live chat at the bottom of the page
- Send us an enquiry and we’ll get back to you at a time convenient to you
FAQs On Suing A Former Employer For An Injury
Can I sue my former employer for an injury?
If you were injured at work, because of employer negligence you could sue a former employer for an injury. For a valid claim, you’ll need various types of evidence such as medical evidence.
How many years after an injury can you sue?
The time limit for starting a claim is three years from the date of the accident or the date you were made aware of your injuries. However, there are exceptions. For more information, call us on the number above.
Claims Resources
For more information on health and safety in the workplace in the UK, you might find the HSE website helpful.
If you require more information on musculoskeletal disorders, see the NHS website for medical advice.
If you’re unsure whether the company you’re suing is still in business, use this government tool.
Our guide on how to sue your employer might be useful if you’re still working for the business that caused your injury.
Have you had a slip or trip accident in work? Our guide could help.
Thank you for reading our guide on how you can sue a former employer for an injury.