Suffering an injury because of conditions in your place of work can be one of the most stressful events that someone experiences in their life. Not only does this type of incident have significant implications for your personal life, but it can also have long-standing effects relating to your ability to work, placing your financial future in doubt.

However, when it comes to claiming compensation for their experiences, many people are reluctant to do so due to worries about how they will be treated as a result. In our recent survey, which questioned 1,200 employees about their thoughts on accidents at work, it was revealed that a third of respondents would be worried about their job security if they made a claim against their employer.

At JMW, we handle cases where people have suffered an injury due to negligence on the part of their employer every single day, and we believe it is important that misconceptions relating to claiming compensation are put to bed. Here, we explain why you should not be worried about making a claim against your employer if you have suffered an injury at work that was not your fault.

Your Employer’s Duty of Care

First of all, it is essential to consider your employer’s duty of care when it comes to keeping you and your colleagues safe while carrying out your daily duties. Under the Management of Health and Safety at Work Regulations 1999, employers have a legal duty to ensure the safety of their employees.

This means that your employer must:

• Take all reasonable steps to ensure that you are safe and free from harm while at work
• Provide adequate training on how to carry out your work without risk of injury
• Carry out regular risk assessments to ensure that working procedures and equipment that are currently in place are safe and minimise risk of injury

If your employer has failed to carry out their duty of care and you suffer an injury as a result, you are entitled to make a claim against them. This is your fundamental right as an employee.

Who Will Find Out About My Claim?

Your employer and their insurance company will be the only parties to find out, once liability has been accepted.

All accidents that take place in your place of work should be recorded in the accident report book, so your employer should already have knowledge of the incident before the claim is made. An accident report book provides a record of accidents that have occurred, as well as any injuries sustained. This means that, in the event you require time off work due to your injury, or you wish to claim compensation, your employer and solicitor will be able to refer back to the accident report book to understand the circumstances surrounding your injury.

Your employer will be notified of your personal injury claim by your solicitor, or through their insurance company. Then, the insurance company will work with your employer to investigate the claim and gather the relevant documentation to come to a decision in relation to liability.

All businesses should have insurance in place to cover the cost of any potential claims for compensation, as well as any legal fees arising from an employee making a personal injury claim.

For this reason, you do not have to worry about financial implications on your employer by your decision to make a claim. They have provisions in place to deal with these exact circumstances, and therefore, you should not feel any guilt.

Other parties to find out about your claim include:

• The Health & Safety Executive (HSE)
• The Department of Work and Pensions

How Will My Compensation Be Funded?

Your employer will pay compensation awarded to you through their insurance policy, which means they will not be paying for it through company profit. Any reputable employer should recognise that your claim is not personal, you are merely exercising your fundamental legal rights to seek compensation that will help you to get your life back on track following an incident.

In most cases, the insurance company will deal with the claim on behalf of your employer, so your boss will not be conducting the claim themselves.

Can My Employer Dismiss Me if I Make a Claim?

Your employer should not attempt to dismiss you from your role because you have made an accident at work claim. If this does happen, and you have worked with your employer for more than one year (or two years if you started your job on or after April 2012), you may be eligible to bring an unfair dismissal claim against them.

Talk to Us

For advice on what actions to take after suffering an injury at work that was caused by the negligence of your employer, contact JMW Solicitors. Contact us by calling 0345 872 6666 or complete our online contact form and we will get back to you shortly.