Workplace Injury And Job Security

Workplace Injury And Job Security: Can You Be Fired? (UK)

Can you be fired after a workplace injury?

Workplace injuries happen, and sometimes they can be quite serious. It’s understandable to feel worried and anxious about your job if you’ve been injured at work. Can you be fired because of it? The short answer is that, in most cases, your employer cannot legally dismiss you for suffering an injury in the workplace. Let’s delve into why that is and explore the nuances of these situations. We will also highlight how you can start an injury at work claim.

Your Rights as an Injured Worker

The Health and Safety at Work Act 1974 is a cornerstone of UK employment law. It places a clear responsibility on employers to ensure the health, safety, and welfare of their employees. This includes providing:

  • Safe working environments
  • Adequate training and instruction
  • Necessary safety equipment
  • Risk assessments to mitigate potential hazards

If your employer has failed in their duty of care and their negligence led directly to your injury, you have the right to seek compensation. Crucially, you also have the right to retain your job.

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When Dismissal Might Be Considered

While the law heavily protects injured employees, there are rare instances where dismissal may be a possibility:

  • Gross Negligence on Your Part: If the workplace injury was entirely the result of your reckless behavior or intentional disregard of safety protocols, your employer may have grounds for dismissal.
  • Long-Term Absence and Capability: If your injury results in a very prolonged absence, and your employer has exhausted all reasonable adjustments to accommodate your return, dismissal might be considered. However, this is a complex area where factors such as the size of the company, the nature of your role, and whether alternative duties were explored come into play.

Unfair Dismissal

If you are dismissed following a workplace injury, and you believe the reason was unfair or related to the injury itself, you may have a strong case for unfair dismissal. To win such a claim, you would generally need to prove that your employer:

  • Dismissed you directly because of your workplace injury
  • Did not follow a fair procedure in dismissing you
  • Discriminated against you because of a disability resulting from your injury

What to Do If You’re Worried About Your Job

If you’ve been injured at work, here are steps to take to protect yourself:

Report the Injury:

Report the accident to your employer immediately and ensure it’s recorded in the official accident report book.

Seek Medical Attention:

Get yourself examined by a doctor as soon as possible. Document the injury and its impact.

Gather Evidence:

If possible, take photos of the scene of the accident, note any witnesses, and preserve communication with your employer.

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Protecting Yourself and Seeking Compensation

Being proactive is crucial in these situations. Don’t be afraid to speak up if you believe your employer isn’t following proper safety regulations, even if it hasn’t led to an injury yet. Prevention is always better than dealing with the aftermath.

In addition to protecting your employment status, you may be able to seek compensation for your injury at national claims we will connect you with a solicitor from our panel who will be able to assess your case. A successful personal injury claim could help you recover financial losses like:

  • Medical expenses (including future treatment)
  • Lost wages due to absence from work
  • Pain and suffering
  • Reduced earning capacity if the injury results in a disability

Making a Personal Injury Claim with National Claims

At National Claims, we understand that workplace accidents can happen anywhere, even in the bustling environment of a big city. Whether you were injured as a construction worker, delivery driver, office employee, or anyone else working within the city limits, our team is here to help. We specialize in helping victims of these types of accidents navigate the claims process and secure the compensation they deserve.

Free Consultation

Let’s start with a free consultation to discuss the specifics of your case. We’ll listen to your experience and assess the circumstances of your accident. This allows us to give you initial advice on whether you have a strong claim, especially considering the unique workplace hazards found in a big city.

*No Win, No Fee

National Claims believes that access to justice shouldn’t be limited by financial worry. For this reason, we operate on a “No Win, No Fee” basis. You won’t pay any upfront legal fees. Our fees are dependent on whether your claim is successful, allowing you to pursue your case without undue financial stress.

*Customers pay up to 25% (incl. VAT) of the amount recovered towards solicitor costs and if you cancel outside your cooling off period, you may be charged a fee.

Conclusion

Having a workplace injury is stressful enough on its own. You shouldn’t have to worry about losing your job on top of recovery. Remember, the law is on your side to protect you from unfair dismissal in most circumstances.

Contact us today to speak to one of our claims agents who will be able to help you get started on your claim.

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