You cannot lose your job for making a work accident claim. If your employer tries to fire you, or treats you any differently for making a work accident claim, you could be entitled to further compensation.
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To make a work accident claim, please call us on 0333 009 6275. We are available to take your call 24 hours a day, 7 days a week.
Could I lose my job for making a work accident claim?
If your employer fails to meet their duty of care towards you, causing you to suffer an injury, you are legally entitled to pursue a work accident claim. The purpose of this claim is to provide redress for the pain and suffering you have wrongfully experienced. It is also intended to recuperate your financial losses, including your lost earnings.
You do not have to leave your job in order to make a work accident claim. You can pursue legal action against your current employer and remain in the same role. This causes some people concern, as they fear their employer will not take kindly to the claim, and will subsequently fire them.
However, the law in England and Wales stipulates that you cannot be dismissed for making a work accident claim. Nor can you be treated less favourably in the workplace, either by your employer or your colleagues. If either of these things does happen to you, you may be the victim of unfair or constructive dismissal.
Unfair dismissal is when you are let go from your job without a good reason. If you are fired for making a work accident claim, or because you are considering a claim, this will amount to unfair dismissal.
Your employer may argue that your contract is being terminated for another reason. Do not let this deter you from seeking expert legal advice. If there are not sufficient grounds for your dismissal, you could take your case to an Employment Tribunal. If the Tribunal finds in your favour, you will be awarded additional compensation.
Constructive dismissal is when you are compelled to leave your job because of your employer’s actions. For instance, your employer may become hostile towards, once it becomes apparent that you are making a work accident claim.
If you feel that you have no other choice but to leave your job, this could amount to constructive dismissal. Again, you could take the matter to an Employment Tribunal, which may award you further compensation.
Therefore, you cannot lose your job for making a work accident claim. If you take legal action against your employer and there are any negative repercussions at work, there are remedies available. Simply speak to your personal injury solicitor for more information.
If you have any other concerns about making a work accident claim, please contact our personal injury solicitors. We can answer your questions during an initial free enquiry, putting your mind at rest.
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To start your work accident claim, please call us on 0333 009 6275. We are available to take your call 24 hours a day, 7 days a week.