Can I Be Sacked for Making an Accident at Work Claim?

Can I Be Sacked for Making an Accident at Work claim?

One of the biggest fears employees have after being injured at work is this:

“Will I lose my job if I make a claim?”

It is completely understandable to worry about your position — particularly if you rely on your income, have worked for your employer for many years, or feel uncomfortable about bringing a claim against the company.

However, UK law provides strong protection for employees who assert their legal rights.

Bringing an accident at work claim is not misconduct. It is not disloyal. It is not unreasonable. It is a lawful step to recover compensation where your employer’s negligence has caused injury.

In most cases:

  • Claims are handled by the employer’s insurance company
  • The employer does not personally pay compensation
  • You are legally protected from unfair treatment

Understanding your rights can remove much of the anxiety that prevents injured workers from seeking proper legal advice.

Is It Legal for My Employer to Dismiss Me?

No.

Dismissing an employee for asserting a legal right — including bringing a personal injury claim — may amount to:

  • Unfair dismissal
  • Automatic unfair dismissal
  • Victimisation

Employers cannot lawfully penalise you simply because you have pursued compensation following a workplace injury.

If a dismissal is connected to your claim, you may have additional legal remedies.

Dismissing an employee for asserting a legal right — including bringing a personal injury claim — may amount to:

What If I Experience Retaliation?

Sometimes the concern is not dismissal, but subtle changes in treatment.
Examples of unlawful retaliation can include:

  •  Reduced hours
  •  Demotion
  •  Hostility
  •  Unjustified disciplinary action
  •  Being excluded from meetings or opportunities

If this occurs, you may have separate employment law claims in addition to your injury claim.
Keeping written records of any changes in treatment can be important evidence.

Who Actually Pays?

Employers in the UK are legally required to hold Employers’ Liability Insurance.

This means:

  • Compensation is paid by the insurer
  • The claim is handled by insurance solicitors
  • It does not come directly from your manager’s salary or daily business operations

Personal injury claims are a standard and anticipated part of employer insurance arrangements.

They are not personal attacks — they are legal processes designed to ensure injured workers are compensated fairly.

We’re Here To Help

Why Choose NJS Law for Your Accident at Work Claim?

When you are injured at work, you need more than general advice — you need clear, strategic legal guidance from solicitors who understand employer liability, workplace regulations and insurer tactics.

At NJS Law, we act exclusively in the interests of injured individuals. We understand the physical, financial and emotional pressure that follows a workplace accident. Our role is to remove that pressure and handle the legal process with clarity and confidence.

When you instruct NJS Law, you can expect:

  • Straightforward, honest advice from the outset
  • A clear explanation of your legal position
  • Thorough investigation of employer breaches
  • Direct handling of insurer negotiations
  • Maximised compensation reflecting the true impact of your injury
  • No Win No Fee representation in appropriate cases

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We are experienced in handling claims involving:

  • Manual handling injuries
  • Slips, trips and falls
  • Construction site accidents
  • Machinery and equipment failures
  • Industrial and factory injuries 
  • Workplace head and back injuries

Every case is handled with attention to detail and a focus on achieving the best possible outcome for you.

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Speak To NJS Law Today

If you have suffered an accident at work, early advice can make a significant difference to your claim.

Contact our Accident at Work solicitors at NJS Law today for a confidential discussion about your situation. We will explain:

  • Whether you have a valid claim
  • What your claim may be worth
  • How the No Win No Fee process works → Learn more about  How a No Win No Fee Claim Works
  • The next steps to protect your rights

There is no obligation to proceed – just clear professional advice.

Call us today or complete our online enquiry form to speak with a specialist accident at work solicitor.

Your recovery matters. Your rights matter.

Let NJS Law help you secure the compensation you deserve.

Frequently Asked Questions

Can I claim if the accident was partly my fault?

Yes. Even if you were partly responsible, you may still receive compensation under contributory negligence principles.

Your compensation may be reduced to reflect your share of responsibility, but you are not automatically prevented from claiming. Employers still have a legal duty to provide a safe working environment.

What if the accident wasn't recorded in the Accident Book?

You can still bring a claim.

While accident book entries are helpful evidence, they are not essential. Medical records, witness statements, CCTV footage and photographs can all support your case.

It is advisable to notify your employer in writing as soon as possible if the incident was not formally recorded.

How long do I have to make an accident at work claim?

In most cases, you have three years from the date of the accident to start court proceedings.

If your injury developed over time (for example, repetitive strain injury), the three year period may begin from the date you became aware that your condition was work-related.

There are exceptions for children and individuals lacking mental capacity.

Can my employer dismiss me for making a claim?

No. It is unlawful for an employer to dismiss or treat you unfairly for pursuing a legitimate personal injury claim.

If your employer takes adverse action against you because you exercised your legal rights, this may amount to unfair dismissal or victimisation.

Will claiming compensation affect my job?

Most workplace accident claims are handled by the employer’ liability insurance.

The claim is made against the insurer – not directly against your employer personally. Professional employers understand that insurance exists for this purpose.

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