Could you lose your job if you make an injury claim?
It is not lawful for your employer to dismiss you because you have made, or are thinking about making, a claim for an accident at work.
If your employer does terminate your employment for either of these reasons, then you may be able to make an employment tribunal claim for unfair dismissal.
What does the law say?
The law on this issue is very clear: no employee may be sacked for filing an accident at work personal injury claim.
Employers have a legal duty to provide a safe environment for their employees. If they breach their duty, and an employee is injured as a result, then the employee has the legal right to seek compensation. The employer is not entitled to change the employee's terms, conditions or working relationship simply because a claim has been made.
If you are dismissed then you can take your employer to the employment tribunal and bring a claim for unfair dismissal.
What if you have only been working for your employer for a few weeks?
It does not matter if you have been working for the employer for a few weeks or for several years. Regardless of whether you are seeking compensation for an accident on a building site, or making an injury claim for a slip or trip at work, it will always be unlawful to dismiss you if the primary reason for doing so is for bringing a compensation claim.
What if I am forced to resign?
Sometimes an employer might not dismiss you directly but instead make your working life so unbearable that you feel you have no choice but to resign. This is known as "constructive dismissal." It occurs whenever an employer behaves so badly toward you that he effectively forces you out of your job.
It is illegal to constructively dismiss someone for exercising their legal right to claim compensation for a work-related injury. If this happens, then you probably will be entitled to make an unfair dismissal claim.
What can you do if you are threatened or coerced by your employer?
Again, the law is on your side. Employers cannot threaten to dismiss you if you make a claim or otherwise imply that your job is on the line.
Any employer making such threats could face legal action in relation to his coercive behaviour in addition to the personal injury claim.
If you have a question regarding whether you are eligible to make a work accident claim, or are worried about your job status were you to claim, then please get in touch with us. We would be pleased to discuss your options and see if there is anything we can do to help.