Could I lose my job if I claim against my employer?

Many people worry that making a claim against their employer could lead to them losing their job, but is this the case?

Man with employer being sacked

Can I be sacked for making a claim?

Thankfully the answer is no, you cannot be legally dismissed for making a claim against an employer.

Being injured or made ill by your work is unfortunately common. Recent figures released by the Health and Safety Executive have revealed that an estimated 629,000 people were injured per year at work in 2013/14.

The workplace should be safe, but the figures tell a different story. Hundreds of thousands of injuries are caused by poor safety practices. As a victim of a workplace accident or illness you are entitled to seek compensation from your employer without fear of recrimination.

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Your right to protection in the workplace

Employers have a fundamental duty set down in law to protect employees under the Management of Health and Safety at Work Regulations 1999. This means that by law, employers are required to train employees properly, as well as ensuring the safety of all work practices and equipment.

As the statistics show, all too often employers fail in this task. When this happens, the right to make a claim is established to compensate for injury, illness and financial losses.

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Do all employers abide by the rules?

Man losing job for making a claim against an employerUnfortunately not, as some employers simply do not know or understand their obligations under the law. It is rare, but it does happen that employers try to dismiss an employee making a claim, or make work so intolerable that they leave.

The law is clear on this point. If an employer tries to dismiss an employee or forces an employee to leave because they made a claim, there would be a strong case for unfair or constructive dismissal. Penalising employees for making a claim they are perfectly entitled to is not allowed.

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Who pays the compensation?

A common concern is that making a claim will harm the company finances, with cash flow a consideration for most companies currently. All employers are legally obliged to have insurance in place so any compensation is paid by the insurance company, not from company profits.

Even in cases where the company has gone out of business for any reason, compensation is still payable by the insurance company who provided cover at the time.

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Are Quittance's solicitors experienced in claiming against an employer?

Dealing with accidents and illnesses caused by employers is a common occurrence for Quittance's panel of solicitors. When asked recently what they encountered, the recurrent theme was employers see claims for accidents or illnesses as part of normal business, in the vast majority of cases dealing professionally and sympathetically with their employees.

If you have suffered an injury or illness as a result of your workplace, you may be entitled to compensation. Making your claim could also help other people as mistakes in the workplace are highlighted allowing employers to improve safety for everyone.

Quittance's panel of solicitors provide advise on workplace accidents and illnesses daily, supporting employees as they move forward with their lives. Our approach to no win no fee claims is different to most solicitors, meaning you get to keep more of your compensation than typically you would with other solicitors.

For a free no obligation consultation, call us now or contact us online.

For more information on workplace accidents and illnesses see the full HSE report here.

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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