Can You Be Sacked If You Claim For a Work Injury?

About Our Legal Expert: This content is produced with oversight by Michael Jefferies, Managing Director who has more than 30 years’ legal experience.

Written by Tanya Waterworth, Digital Content Writer

Work Injury Claim Consequences: Can You be Sacked or Disciplined?

Can you be sacked if you claim for a work injury? This is often one of the first questions an employee may ask if considering a claim for compensation. In England and Wales, the law protects you from dismissal, discipline and unfair treatment for making a work injury claim. Any work injury claim consequences you might fear, such as losing your job or damaging your career, are unlawful if your employer causes them because you claimed. Generally, an employer’s liability insurer pays any compensation, not your employer personally.

This guide explains your rights on dismissal, discipline and future employment, how a personal injury claim against employers’ liability insurance works and what compensation typically covers.

Can You Be Dismissed for Making a Work Injury Claim?

Your employer cannot lawfully dismiss you because you made, or plan to make, an injury claim for an accident which may have been caused by employer negligence or unsafe working conditions. Doing so may amount to unfair dismissal and two rules matter:

• Ordinary unfair dismissal: Employees normally need two years’ service to bring an unfair dismissal at an employment tribunal.
• Health and safety protection: Section 100 of the Employment Rights Act 1996 protects you if you are dismissed for raising health and safety concerns. No minimum service applies.

However, employers can still dismiss for genuine, unrelated reasons, such as long-term absence or capability. They must follow a fair process, consider medical evidence and make reasonable adjustments if your injury counts as a disability under the Equality Act 2010.

Where your injury makes your usual duties difficult, your employer should consider adjustments such as lighter duties or a phased return. Pushing you out for needing support may amount to disability discrimination if your injury meets the Equality Act definition.

Can Your Employer Discipline You for Claiming?

No, your employer cannot punish you for claiming. Detrimental treatment from an employer may include:

• Demotion or loss of responsibilities
• Reduced hours or shifts
• Being overlooked for promotion
• Bullying or exclusion
• Unjustified disciplinary action

Employers can still manage real conduct or performance issues. The question is whether the action responds to a genuine problem or to your claim.

We’ve seen that many employees are nervous about reprisal if they pursue a personal injury claim after an accident at work – see our guide on how to manage this type of anxiety.

What Should You Do if Your Employer Treats You Unfairly After a Work Accident?

Act early and gather relevant evidence. This may include steps such as:

Medical records: ensure you get medical treatment for your injury, even if it seems minor at the time as it may be an injury which worsens over time.

Keep a record: Note dates, names and what happened. Save emails, messages and letters.

Inform your employer:  make sure you record the accident and injury details in the company’s accident book. If they don’t have one, send a detailed email about the accident and your injury so you have a written record of informing your employer.

Time Limit: there is a three-year time limit from the date of your injury, or from when you first became aware of the injury, to start a personal injury claim for compensation

Take legal advice: we partner with a panel of solicitors who are experienced in work injury claims and who provide a free consultation to assess your claim. They also offer No Win, No Fee agreements.

Will You Still Get Sick Pay While You Claim?

Making a claim should not affect your right to sick pay. You may receive Statutory Sick Pay (SSP) if you qualify, and some contracts offer enhanced sick pay. Your claim may then recover the shortfall between sick pay and your normal earnings as lost earnings.

Will a Work Injury Claim Affect Future Jobs?

A claim does not appear on any official record employers can search and should not have an impact on any future jobs. Under the Equality Act 2010, a prospective employer generally cannot ask health questions before offering you a job, apart from limited exceptions such as checking you can perform essential duties. If you suspect an employer rejected you because of a past claim, seek legal advice.

A reference from your former employer should stay factual. A claim, whether open or settled, is not something they should mention. . In fact, you can still make a personal injury claim after leaving a company – you don’t have to still be working there.

Ask your solicitor if you want advice on handling a reference.

How Does a Claim Against Employers’ Liability Insurance Work?

Most employers must hold employers’ liability (EL) insurance under the Employers’ Liability (Compulsory Insurance) Act 1969, with cover of at least £5 million. The insurer handles and pays the claim. Therefore, you’re not going to be suing your boss personally. In fact, many employers handle these claims as routine business, and working relationships continue normally while a claim is under way.

The process usually works as follows:

1. Report the accident and make sure it enters the accident book.

2. Your solicitor notifies the employer or their insurer

3. Medical evidence records your injuries and recovery outlook.

4. The insurer investigates and decides whether to admit liability.

5. Settlement or court. Most claims tend to settle through negotiation.

If your employer has closed its operations or cannot show insurance, you should still be able to claim as the Employers’ Liability Tracing Office (ELTO) helps trace insurers. Your solicitor can help in this regard.

What Does a Work Injury Compensation Claim Typically Cover?

Keep payslips and receipts from the start so your solicitor can value your claim accurately. Compensation typically falls into two categories:

General damages compensate you for the injury itself: physical pain and suffering,  loss of amenity (what you can no longer enjoy) and long-term prognosis – see our Compensation Calculator in this regard.

Special damages is the second category and covers your financial losses:

• Lost earnings, past and future
• Reduced earning capacity if you cannot return to your previous role
• Medical, physiotherapy and rehabilitation costs
• Travel to appointments
• Care and assistance
• Home or vehicle adaptations
• Prescriptions and other out-of-pocket costs

 FAQs: Can You Be Sacked if You Claim for a Work Injury

Can my employer sack me for claiming compensation?
No, dismissal because of your claim or because you raised safety concerns is unlawful in England and Wales.

Will my employer know I’m making a claim?
Yes, your solicitor must notify your employer or their insurer.

Can I claim while still working there?
Yes, many people claim while still employed.

Does my employer pay compensation personally?
Their employers’ liability insurer usually pays.

Will a claim stop me getting another job?
No official record exists, and employers face legal limits on health questions before a job offer.

How We Can Help

If you’ve been injured at work through no fault of your own, you may be entitled to pursue a personal injury claim for compensation. But if you have concerns about your job or treatment at work, get advice before you act.

Contact us today at 0333 358 3034 or complete our online contact form to arrange your free, no-obligation telephone consultation to find out if you have a valid claim.