Can My Employer Terminate Me For Making An Accident At Work Claim?

By: admin | Date: 2020-09-14

If you have been injured in a workplace and made a claim, you may feel insecure that you may get sacked for filing your claim. You may be thinking that you can get dismissed from the job. However, the short and simple answer to this question is that you cannot be sacked for making an accident at work claim. So you should not be worried about losing your job when making a claim. In this article, you will be told about the accident at work claim and your rights to making a claim.

When it comes to getting your claim, the role of your manager cannot be denied. The manager plays a key role in getting your claim. But how can your manager influence your accident at work claim? Can you get your claim moment if your manager denies to give you the amount of claim? We will discuss everything in this article.

Despite taking care of yourself and following all precautionary principles, you are not 100% risk-free of injury at the workplace. It can be an unfortunate day and you may conceive an injury at the workplace. If the fault was not yours, you are entitled to receive an injury at work claim for your suffering. This amount of accidents at work claims will help you to cover all your expenditures for the injury. Moreover, you also have some surplus amount left. If you hire any professional accident claim services, you also get the amount to claim for the time you are not working.

What Does an Accident at Work Claim Mean?

It is the legal duty of your employer to take care of your safety at the workplace. If the employer fails to do so, you may conceive an injury at work. If you do not get any compensation from your employer, you can file an accident at work claim. This amount of workplace injury claims can help you meet all your expenses and you can also get compensation for the time you are not at the job.

Duty of Care of Your Employer

Duty of care is the legal obligation of an individual to avoid such behaviours which can cause any harm to another person. Management of Health and Safety at Work Regulations, 1999 state some duties of the employers to ensure the safety of their employees'. All the employers must abide by these rules to create an employee-friendly environment at the workplace. Under these rules and regulations, your employer must perform the following actions.

  • The employer must ensure the safety of the workers at the workplace. It is the liability of the employer to provide an environment in which the employees can work safely.
  • The employer must give you proper training about handling the equipment you will be working with.
  • It is also included in one’s duties to carry out risk assessments to ensure that the employees know how to work safely and handle the equipment at the workplace.
  • The employer must provide you with all types of safety equipment that can help you to minimize the risk of getting injured at your workplace.

But still, some employers do not consider these measures and they do not pay attention to the safety of their employees. Some employers fail to take these precautionary measures which result in the injury of the employee. If you have a similar case, you are entitled to make an accident at work claim.

Relations of Employee and Employer

Making a workplace injury claim should not affect your relationship with the employer. You should not receive unfair treatment at your workplace. There have been some cases where employees get maltreatment from their employer for making a workplace injury claim. Some employees are not given proper salaries and some are given extra workload at the workplace. While there are some cases where employees are fired from the company for filing a claim. Doing this is clearly against the instructions of the Management of Health and Safety at Work Regulations. For this, you can even sue your employer for maltreatment at the workplace or make a stress at work claim.

Can I Be Dismissed from the Job?

If you are worried about losing your job for making an accident at work claim, there is one reason you should no longer be worried. Legally, you can not be sacked from the job in England and Scotland for making an accident at work claim. It is your right to get compensation for your workplace injury. There are a lot of people who know that they are eligible to get compensation for their injury. But they are hesitant to file their accident at work claim due to the fear of losing their jobs.

Can I sue my Employer for Unfair Dismissal?

Almost every employer is familiar with the fact the employee cannot be dismissed from the job for making an injury at work claim. But there are still some employers who do not consider the rights of their employees. That is why they fire them for filing a claim against them. If you are a victim of such a case, you can file a case of unfair dismissal against your employer. The decision of the case will be in your favour and you will be able to join the same job. In this way, the employer will not be able to terminate you from the job.

Who Will Pay my Accident at Work Claim?

You may be wondering who will pay your amount of compensation when you successfully file your workplace injury claim. All the employers are legally bound to have an insurance policy in England and Scotland to deal with such a situation. If they have the insurance policy, the insurance company will be liable to compensate you for your injury.

In this way, your employer will not be paying the amount of claim out of pocket or from the company’s accounts. The insurance company will be dealing with you on behalf of your employer. If you do not know how to deal with an insurance claims adjuster, you should hire injury claim specialists to file your case. In this way, you will increase your chances of getting your amount of compensation.

Final Words

If you have been injured at work, you should consult your case with injury claim specialists to get proper help with your case. Moreover, you need to have proper knowledge about your rights to save your job. If you do not know about your rights, as described above, you may be treated unfairly and get exploited.

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