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Guide · Accidents at work
Can My Employer Sack Me for Making a Work Injury Claim?
Your employer shouldn't treat you unfairly for making a genuine injury claim, and in practice it's rare, because their insurer pays your compensation, not them. If you are dismissed or treated badly, the law may protect you, and you may be able to bring an employment tribunal claim. The time limit for that is short: usually 3 months less one day.
Worrying about your job is one of the most common reasons people don't claim after an accident at work. It's understandable, but in most cases the worry doesn't come true. Here's how the law protects you, and what to do if your employer does treat you unfairly.
- Employers' insurance
- Required by law for almost every employer
- Health and safety protection
- Applies from your first day at work
- Tribunal time limit
- Usually 3 months less one day
- Injury claim time limit
- Usually 3 years
Why most employers don't retaliate
Your employer doesn't pay your compensation personally. Almost every employer must have employers' liability insurance under the Employers' Liability (Compulsory Insurance) Act 1969, and it's their insurer that deals with your claim and pays any compensation.
That takes away most of the reason an employer might want to stop you claiming. Most employers also know that treating an injured worker unfairly could lead to a second legal problem, an employment tribunal claim, on top of the injury claim their insurer is already handling.
How the law protects you
There isn't one law that covers every situation, but several protections can apply if you're treated unfairly after an accident at work.
- Health and safety protection, from day oneUnder the Employment Rights Act 1996, it's automatically unfair to dismiss you, or to treat you worse, for certain health and safety reasons. These include raising a reasonable health and safety concern with your employer, and acting to protect yourself or others from serious and imminent danger. Reporting an accident or unsafe conditions can fall within this.
- Whistleblowing protectionReporting that someone's health or safety is being put at risk can count as whistleblowing. Being dismissed or treated badly for it is also unlawful, with no minimum length of employment.
- Ordinary unfair dismissalOnce you've worked for your employer for long enough, you can usually challenge any dismissal that wasn't fair, whatever the reason given.
- Disability discriminationIf your injury leaves you with a long-term condition that affects your day-to-day life, the Equality Act 2010 may protect you from being treated unfavourably because of it, from your first day at work.
It's not just about being sacked
These protections can also cover other unfair treatment, such as:
- Being demoted or having responsibilities taken away
- Being passed over for promotion
- A poor performance review as payback
- Being treated less favourably than colleagues
- Harassment or a hostile atmosphere at work
- Having your hours cut or your contract changed against your will
What if I'm on probation?
The health and safety, whistleblowing and discrimination protections above apply during a probationary period too. Being on probation mainly affects ordinary unfair dismissal claims, which need a minimum period of employment.
What to do if your employer treats you unfairly
If you're dismissed or treated badly after reporting an accident or starting a claim, act quickly.
Keep a record
Note any changes in how you're treated, any conversations where your claim comes up, and keep any emails, letters or messages from your employer.
Raise a grievance
Put your concerns in writing using your employer's grievance procedure. It creates a record and shows you tried to sort it out.
Contact ACAS quickly
The time limit for an employment tribunal claim is usually 3 months less one day, and you normally need to start ACAS early conciliation first. Get employment law advice straight away.
Keep your injury claim going
Your injury claim is separate and has its own time limit, usually 3 years. Tell us what's happened and we'll keep your claim on track.
This guide is general information, not legal advice. Our team handles personal injury claims; for advice about an employment tribunal claim, you'll need a specialist employment lawyer or ACAS.
Your job and your claim: FAQs
Can my employer sack me for making a claim for an accident at work?
Your employer shouldn't treat you unfairly for making a genuine injury claim. If you're dismissed or treated badly, the law may protect you, for example if it's linked to you raising health and safety concerns, or if it's ordinary unfair dismissal or disability discrimination. You may be able to bring an employment tribunal claim, so get employment law advice quickly.
What if my employer says the dismissal is for a different reason?
An employment tribunal looks at the real reason for a dismissal, not just the reason given. Things like timing, emails and how others were treated can help show what really happened. Keep records and get employment law advice quickly.
I'm on a zero-hours contract. Can I still claim?
Yes. You can make an injury claim against your employer whatever type of contract you're on. Some employment protections depend on whether you're an employee or a worker, so get employment law advice if you're treated unfairly.
Will making a claim affect my relationships with colleagues?
Your claim is handled by your employer's insurer, and colleagues usually only get involved if they saw what happened and are asked for a statement. Most people find their working relationships carry on as normal.
How long do I have to bring an employment tribunal claim?
Usually 3 months less one day from the dismissal or unfair treatment, and you normally need to contact ACAS for early conciliation first. That's much shorter than the usual 3 years for an injury claim, so don't delay.
Who pays the compensation in an accident at work claim?
Your employer's insurer. Almost every employer must have employers' liability insurance, so compensation doesn't come directly out of your employer's business.
Don't let fear of losing your job stop you claiming
Talk to our team for a free, confidential conversation with no obligation. We'll tell you whether you have a claim and what happens next. Eligible claims are handled on a No Win No Fee basis.