If you have been unfortunate enough to be involved in an accident at work, it can be a stressful time. Even if you were able to avoid injury, if the accident was partially or completely your fault, you might be wondering: can you be sacked for having an accident at work?
In this helpful guide, we’ll walk you through your rights, your employers’ rights and the legalities that surround workplace accidents. We’ll also discuss whether or not an accident could lead to your dismissal.
What are my employer’s responsibilities?
Under the Health & Safety at Work Act 1974, employers have a legal responsibility of care over you as an employee. These responsibilities include but are not limited to the following:
They must provide a safe working environment
Employers have to take all reasonable steps to reduce risk and hazards in the workplace. This includes keeping equipment in good order, keeping walkways tidy and clean and providing proper training.
They must implement safety measures
Employers have to provide proper PPE, make regular risk assessments and actively monitor and enforce these measures to protect employees.
They must investigate and report accidents
If an accident occurs, employers are legally required to both investigate the incident and report it where necessary — under RIDDOR. They must then take the proper steps to avoid the same accident in future.
What are my responsibilities and rights as an employee?
Even though your employer is responsible for your safety in the workplace, you also have similar responsibilities. These include but are not limited to the following:
You must follow safety protocols
You have to adhere to the procedures that your employer has set up. That means you must use protective equipment and report any hazards.
You have a right to proper training and safety information
All workers have a right to receive adequate training for their role and information about any potential hazards you might face at work. Your employer must ensure you understand how to stay safe on the job.
You must report accidents and seek medical attention
If an accident occurs, you should report it immediately, seek necessary medical attention and ensure the incident is recorded in the company’s accident book.
Can I be sacked after an accident at work?
If you are involved in an accident at work, it likely won’t lead to automatic dismissal. This is especially so if the accident wasn’t your fault. However, If you intentionally violated safety protocols at work and caused the accident, your employer might consider dismissing you. This would certainly be grounds for action.
Employers cannot simply sack you because they’ve had an accident. Doing so could lead to a claim for unfair dismissal. They must follow proper legal procedures and avoid any form of discrimination or retaliation following an accident.
If you believe you’ve been wrongfully dismissed after a workplace accident, seeking legal advice is essential to fully understand your options and rights.
Frequently asked questions
What should I do if I’m dismissed after a workplace accident?
If you’ve been dismissed following a workplace accident — it’s important to act quickly. First, review the reason for your dismissal in writing and get in touch with a solicitor to discuss your options. You may be able to claim for unfair dismissal if the termination was unlawful.
What are my rights if I’m sacked after an accident?
You have the right to challenge your dismissal if it was unfair or based on discriminatory grounds. A solicitor can help you understand your rights and assist you in filing a claim for unfair dismissal.
Can I claim compensation if I was partially at fault for the accident?
Even if you were partially at fault for the accident — you can still attempt a claim for compensation. In these cases, the amount of compensation awarded may be reduced based on your level of responsibility. This is known as contributory negligence.
What kind of compensation can I claim after an accident at work?
If your employer was at fault for the accident, you can claim compensation for injuries, loss of earnings, medical expenses and other financial losses resulting from the incident. Get in touch with Express Solicitors and we’ll help you assess the potential value of your claim, or use our compensation calculator to receive an estimate.
How long do I have to file a claim for unfair dismissal or personal injury?
You typically have three months from the date of dismissal to file an unfair dismissal claim. If you are attempting a personal injury claim — the deadline is usually three years from the date of the accident. It’s best to seek legal advice as soon as possible to avoid missing these deadlines.
Why choose Express Solicitors?
At Express Solicitors, we bring over 20 years of experience in handling legal claims — including those related to workplace accidents and unfair dismissal. Our mission is to make sure that you receive the justice and compensation you deserve — whether for personal injury or other employment-related issues.
With our no-win, no-fee agreement, you can kick off a claim without stressing over upfront costs or legal fees.
So, why wait? Reach out today to kickstart your accident at work claim and see how much you might be entitled to.