Worried about Bringing an Accident at Work Claim?
If you have suffered an injury as a result of an accident at work, one of the first questions you might ask is whether making an accident at work claim for compensation will result in you losing your job.
It is important to understand the process of an accident claim and, more importantly, to see who provides the compensation payment to really understand whether you should lose your job.
Why Is Your Employer Responsible For Your Safety?
There are various pieces of legislation and many previously decided cases that have led to the position that an employer has a large duty to ensure that his employees are safe whilst they are working. Therefore, statute protects you but also other people that have had accidents before you.
This duty on your employer to protect you is set to a high standard and not only involves obvious situations that would lead to an injury, but also the following:-
- Protection from other employees;
- A duty to ensure that all equipment provided for you is safe and fit for its purpose;
- A duty at times even when you are away from work (if away from your work premises).
What Happens When You Make A Claim?
When you make a claim for compensation from your employer, it is not usually going to be your employer that settles the claim even if you are successful. Every employer is required to have insurance to cover injuries to any staff and also any visitors to the premises. When you make a claim for compensation you will actually be claiming against the insurer. In 99% of cases, no further action will be taken against your employer and the worst that is likely to happen to them is that their insurance premium might increase.
However, failing to make a claim against your employer might mean that someone else might be injured in exactly the same way in the future, and perhaps even more seriously. It is the claiming process that ensures those employers are always looking to improve the safety at work for all of their employees.
Conclusion
It is clear to say that if you make a claim for compensation against your employer, the insurance company rather than your employer will have to settle the claim. Therefore, there is absolutely no reason that making a claim for accident compensation will lead to your dismissal. If your employer did use it as a decision to dismiss you, this would most likely be an unfair reason and would lead to a separate employment claim. However, in my experience this is rarely the case.