Many employees are injured at work and, according to figures from the Health and Safety Executive, almost 2 million British workers have suffered or are suffering from a workplace injury or illness in the last year.

For many of these workers, however, the decision to bring an employer’s liability claim is not straightforward. Even where the injury is serious and clearly linked to the employer’s negligence, fear of repercussions often holds people back. Worries about job security, strained working relationships, or being labelled a “troublemaker” can make the prospect of claiming feel daunting.
These concerns are something that we hear frequently from our clients and it’s important to understand your rights and the protections in place to prevent unfair treatment.

Your Legal Right to Claim

In England and Wales, your employer has a statutory duty to take reasonable care for your safety at work. This includes providing:

·       A safe working environment and safe systems of work

·       Adequate training and supervision

·       Suitable tools, equipment, and protective gear

If your employer breaches this duty and you are injured as a result, you are entitled to seek compensation. This can cover lost earnings, medical treatment, rehabilitation, and the pain and suffering caused by your injury.

Protection Against Retaliation

Many employees fear that making a personal injury claim will cost them their job or damage their career. However, the law offers strong protection:

• Dismissal: It is automatically unfair to dismiss someone because they brought a personal injury claim against their employer.
• Detriment: Under employment law, you cannot be treated unfavourably (for example, denied opportunities or harassed) for exercising your legal rights.
• Whistleblowing Protection: Where health and safety concerns are reported, additional safeguards may apply.

If your employer were to retaliate, you could have grounds for a separate employment claim.

Why Employers Should Welcome Safety Feedback

While it may feel confrontational, raising safety issues or pursuing a claim can actually benefit the workplace as a whole. Employer’s liability claims often highlight dangerous practices or inadequate safety measures which, in turn, lead to improvements that prevent future accidents.
In most cases, compensation is paid though employer’s liability insurance held by the business, which is a legal requirement for most businesses. Any compensation paid is via the insurance company, you are not personally taking money from your employer’s budget.

Breaking the Stigma

The idea that making a claim is “suing your boss” is unhelpful. Compensation is about restoring your position as far as money can do, so definitely not about punishing your employer. Compensation ensures that you can access the treatment, rehabilitation, and financial support you need after an injury that wasn’t your fault.