Clients seeking advice from our specialist accident at work solicitors frequently ask ‘Can I be sacked for having an accident at work?’ The short answer is no, save in limited circumstances, you cannot be sacked for having an accident at work.
In this article, our accident at work team explains when your employer can and cannot sack you for having an accident at work.
To speak to our accident at work experts please call us free of charge on 0800 988 3674 or Make A Free Online Enquiry.
Can I Be Sacked For Having An Accident At Work If It Was Not My Fault?
No, you cannot be sacked for having an accident at work if it was not your fault. Employers are under strict legal duties to keep their employees safe while at work, and most responsible employers take those duties very seriously. If your employer fails in their duty to keep you safe at work, you may be able to make an accident at work compensation claim against them.
What Happens If I Am Sacked For Having An Accident At Work When It Was Not My Fault?
Your employer will face severe legal consequences if they sack you for having an accident at work if it was not your fault. Employment legislation dictates that any dismissal must be fair, and sacking you for having an accident would constitute very strong grounds for an unfair dismissal claim.
In addition, the compensation to which you are entitled for your accident at work will include any loss of earnings. If your employer were to sack you following your accident, you could include a claim for the loss of earnings caused by your dismissal in your compensation claim.
Can I Be Sacked For Having An Accident At Work If It Was My Fault?
Your employer may be entitled to sack you for having an accident at work if the accident resulted entirely from your own gross negligence or wilful misconduct. For example, if your accident arose because you were drunk or exhibited a blatant disregard for your employer’s safety procedures, your employer may be within their rights to dismiss you.
Can I Be Aacked For Having An Accident At Work If It Was Partly My Fault?
Sometimes, both you and your employer may be to blame for your accident at work. Say, for example, you suffered an injury while using defective machinery but had not used the protective clothing supplied by your employer. In this case, your employer may be to blame for the machinery being faulty, but your failure to wear the protective clothing may have contributed to the extent of your injuries. You would still be entitled to claim compensation from your employer for their failure to provide safe machinery, but the amount may be reduced by a percentage to reflect the fact that your injuries were more severe because of your own actions. This is known as ‘contributory negligence’.
If your employer were to sack you following an accident at work for which you were partly to blame, whether or not your dismissal would be deemed fair depends on the circumstances.
Should I Make A Compensation Claim For An Accident At Work?
If you have suffered injury in an accident at work for which your employer was to blame, either in whole or in part, you should seek the compensation to which you are entitled. Employers are legally obliged to take out employer’s liability insurance, which will cover any compensation they pay you.
By bringing an accident at work claim against your employer, not only will you secure the compensation you deserve, but you will also hold your employer to account for their failings and encourage them to improve their health and safety standards, thereby ensuring nobody else suffers as you have.
As we have stressed above, most responsible employers take their legal duties towards their employees very seriously and would not entertain sacking you for an accident caused by their negligence. In the unlikely event they did, you would be entitled to bring employment tribunal proceedings against them for unfair dismissal in addition to making an accident at work compensation claim.
Our personal injury solicitors have helped countless clients pursue the compensation they are entitled to following an accident at work. We carry out most personal injury work on a no win, no fee basis, meaning you can make your claim with no upfront costs. We’ll explain the terms of our no win, no fee agreement to you before we begin work and ensure you are happy to proceed before you sign.
To speak to our accident at work experts please call us free of charge on 0800 988 3674 or Make A Free Online Enquiry.
