Could a work injury claim stop me getting another job?

If an employee sustains an injury in the workplace through negligence of his employer he may be entitled to claim compensation from their employer.

An employee may be reluctant to make a claim, either through loyalty to his employer, or through fear that doing so may affect his future job prospects.

Can an employer prevent an employee making a claim?

By law, all organisations are required to have Employers' liability insurance in place, so any claim for compensation would be paid by the insurer.

If an organisation has claims brought against it, insurance premiums may be affected and they may increase. This may lead the employer to try to discourage an employee from making a claim.

The decision to pursue a claim rests with the injured employee. Where the injuries are minor and are unlikely to cause long-term problems, and the employee is able to work he may decide not to make a claim.

If the injuries are more serious and an inability to work follows, an employee injured at work has a right to recover any losses incurred. This may be for loss of income or for costs of treatment. He may also wish to claim for damages to compensate for any pain, suffering and loss of quality of life.

What if the employer suggests the employee may be made redundant?

An employer should not suggest that an employee's job is at risk if they pursue a personal injury claim for an accident in the workplace. Nor should they adversely change the employee's working conditions when he returns to work.

There is employment legislation in place to protect employees being discriminated against in this way. Any employer making a claimant redundant, or making such threats may find themselves facing legal action.

Would making a claim affect future job prospects?

Sometimes an employee may fear making a claim in case this makes finding another job difficult in the future.

Legislation forbids prospective employers from asking candidates if they have previously been involved with such legal action, so any claim does not need to be disclosed.

Therefore pursuing a claim should not affect any future job prospects.

Employers' liability claims claims

Work accident claims, or employers' liability claims, differ from other types of claim. Click on the icons below to read more about claiming:

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Author:
Chris Salmon, Director

About the author

Chris Salmon is a co-founder and Director of Quittance Legal Services. Chris has played key roles in the shaping and scaling of a number of legal services brands and is a regular commentator in the legal press.