05 October 2023

Why it’s ok to claim after an injury at work

Steve Hennegan Partner & Head of Personal Injury

If you are unfortunate enough to experience a workplace injury, you may feel reluctant to make a claim. You may be worried that your employer would be left out of pocket and concerned about any repercussions.

However, employers have liability insurance for exactly this scenario. Therefore, you can make a claim safe in the knowledge that your employer is covered.

UK employers should have rigorous health and safety processes and procedures in place to keep employees safe. Despite this, accidents and injuries can, and do happen.

Here, we go through some frequently asked questions regarding workplace injuries and making a claim.

Can I be fired for having an accident at work?

In short, no. Unless the accident was entirely your fault and you were responsible for putting others at risk, it is against the law for your employer to fire you for having an accident at work or for making a claim.

If you were to be fired for an accident that wasn’t your fault, you may be able to make a claim for unfair dismissal as well as the injury.

What are my employer’s responsibilities?

If you have an accident at work, your employer has certain responsibilities which they should follow, regardless of whether they are liable for the accident or not. 

First of all, they should have a safe system of work in place as well as and a safe work environment.

There should be strict policies and procedures in place that should be followed in the aftermath of a workplace accident. These steps include providing immediate medical attention, recording the incident in the company accident book, reviewing the accident, implementing necessary changes, and providing support to the injured employee as well as reporting the incident to the Health and Safety Executive.

What is employers’ liability?

Employers’ liability essentially means the employer is responsible for the accident or injury in question, and can be held liable.

This means that if an accident or injury wasn’t your fault, but  your employer is to blame, they can be held liable if they have been negligent.

What does liability insurance cover?

If an employer is liable, employees who have been injured can claim compensation from them. All employers are required to have employers liability insurance in the event that there is an accident or incident.

Liability insurance covers the compensation and associated legal costs that come from claims for workplace injuries.

So, it’s ok to make a claim?

Absolutely. Even though your claim would be against your employer, they are not left out of pocket, as the liability insurance covers their costs.

If you’ve had an accident and sustained an injury at work, the best thing to do is contact a solicitor who will guide you through the process of making a claim.

Here at Wilkin Chapman, our specialist personal injury lawyers are experienced in dealing with all aspects of workplace accidents. Contact us to find out more.

Need help?

Contact Steve to discuss this further.

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