Are there any risks in making an injury claim against my employer?

An employee has the right to make a claim for compensation from an employer if the company failed in its duty of care. But is there any risk in doing so?

What you need to know

Making a claim against an employer can be daunting. A claimant might fear that they will be treated differently in the workplace, or even dismissed because they have made a work-related compensation claim.

An employee has the right to make a claim for compensation from an employer if the company has failed in its duty of care. Legally, an employer cannot dismiss or discriminate against an employee who has made a work injury compensation claim against them.

All employers are required by law to have workplace insurance, which enables employees to claim compensation if they are involved in an accident at work. In most cases, an employer is barely involved in the claiming process. It is the employer's liability insurance that will investigate the claim, defend the company (if necessary) and pay out the compensation.

Making a claim should not be seen as a personal attack or a betrayal. Often employers will encourage employees to make a claim if they have been injured at work. The company pays insurance premiums for the purpose of compensating injured employees, and the majority of employers take their duty of care towards their employee very seriously.

Thousands of people make personal injury compensation claims each year, so a claimant has no reason to worry that they will be seen as overreacting or acting against the interests of their company.

Making a compensation claim against an employer

In order to make a compensation claim, an individual who has been injured at work must first prove that another person is either directly or indirectly responsible for their accident. This can involve being provided with inadequate or faulty equipment or an employer failing to address or prevent hazards.

As soon as possible, the claimant should seek medical treatment. If possible, photographs should be taken of the scene and the names and addresses of any witnesses should be collected. This evidence can be crucial to proving that your employer was legally responsible for your injuries.

Compensation for a work injury claim

A claimant may be able to claim for general damages, which includes pain and suffering endured as a result of the accident. The amount of compensation will be dependent on the severity and nature of the injury.

The claimant may also be able to claim for special damages, including medical treatment costs and loss of earnings.

How can Quittance help?

Your solicitor will fight for the best possible compensation settlement for you, the highly-experienced panel of solicitors have an excellent track record of winning work accident claims.

If you have any questions, or would like to start a No Win No Fee claim, we are open 8am to 9pm weekdays, 9am to 6pm on Saturday, and 9.30am to 5pm on Sunday.

Call us FREE 0800 612 7456 or arrange a callback:

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Gaynor Haliday, Legal researcher

About the author

Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.

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