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 regularly handle cases where people have suffered an injury due to negligence on the part of their employer, 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, and explain employer negligence, duty of care and other important terms.

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
• Provide suitable personal protective equipment where necessary

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 legal right as an employee.

When Can I Sue My Employer for an Accident at Work?

You may be eligible to make a claim against your employer for a workplace accident if they failed to meet their duty of care. There are many types of injuries for which employers may be found liable, including everything from serious injuries caused by heavy machinery through to slips, trips and falls on work premises. Provided you have sustained an injury in an accident at work, and you can show that your employer failed in their responsibility to keep you safe, you will usually be eligible to make a compensation claim.

How much compensation you can claim will depend on the nature of your injuries and other factors. You must also make sure you begin the claims process within any time limits that apply. For personal injury claims, there is usually a time limit of three years in which you must begin your claim or risk losing your right to do so. This three-year span usually begins from the date of your accident, although if your injuries were not apparent immediately, it may begin from the date you realised you had been injured.

If you are involved in a workplace accident, it is always best to consult a medical professional who can diagnose any underlying injuries and ensure you receive suitable treatment as soon as possible. This will also create evidence that can be used to support your claim, and will highlight your eligibility to claim well within the time limit.

You should speak to a solicitor if you are unsure about your eligibility to claim. They can listen to the details of your circumstances and the accident you experienced, advise you on the possible outcomes if you were to take legal action, and start the process on your behalf if you decide to proceed.

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 occur 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.

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. 

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 two years, you may be eligible to bring a claim against them. and we would encourage you to obtain independent legal advice.

Can I take my employer to an employment tribunal?

You may be able to take your employer to an employment tribunal if you believe you have been unfairly dismissed for making a compensation claim against them. In some cases, you must have been employed for a certain length of time before you can claim unfair dismissal at a tribunal, which is typically two years. However, for some types of dismissal, such as those relating to health and safety issues, discrimination, or asserting a statutory right, there may be no minimum service requirement.

Before you can proceed to an employment tribunal, you usually need to go through the Acas (Advisory, Conciliation and Arbitration Service) Early Conciliation process, which is aimed at resolving disputes without the need for an employment tribunal process. Aa legal representative can offer further information about this process and what to expect.

There are strict time limits that must be adhered to when making an employment tribunal claim, and missing it can mean losing the right to claim, so it is important to consult a solicitor at your earliest opportunity if you are considering taking this step. The team at JMW can help you to understand your rights and the merits of your case, and guide you through the process of making a claim to an employment tribunal if this is possible in your situation.

How to Make a Claim for an Injury at Work

The first step in making a claim is to speak to a solicitor. They will provide guidance and support at all stages of the process, prepare your legal documents and build the evidence for your case. By discussing the details of your situation, our experts in employer claims can let you know whether you are eligible for compensation, how much to expect, and what the process will look like if you decide to move ahead.

If you want to proceed, the first step will be to send a letter of claim to the parties we believe were responsible for your accident. This presents your evidence and explains how much compensation we believe you deserve. As well as being the first stage of the process, this is also sometimes the last. Employers will often agree to settle out of court, and may wish to negotiate over the compensation amount. Your solicitor will handle this on your behalf and, at JMW, we always push to ensure that every client receives the maximum amount of compensation to which they are entitled.