Archives: Legal Insights

Here’s a closer look at your legal protection after making a workplace claim, and what compensation can include.

The Short Answer

It’s a common worry, but the law is clear on this point: your employer cannot legally dismiss you, or treat you unfairly, because you’ve made a claim against the company for a workplace injury. Employers carry a legal responsibility to maintain a safe working environment and to take reasonable steps to prevent injuries wherever possible. Making a claim to hold them to that standard doesn’t remove your employment protections.

Can You Be Fired for Making a Claim?

Can You Be Fired for Making a Claim?

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What Counts as Discrimination in This Context

This protection generally covers dismissal, demotion, unfavourable treatment, or other detriment linked to the fact that you’ve pursued or intend to pursue a claim. If you believe you’ve experienced this, it’s worth seeking advice promptly, as separate employment law considerations may also apply alongside your personal injury claim.

What Can Compensation Actually Cover?

Compensation for a workplace injury claim isn’t limited to the injury itself. Depending on the circumstances, a compensation package can be made up of several elements, including payment for the injury, lost earnings, and damage to personal property.

The example referenced in this week’s video involved a client required to carry out a work task without the appropriate equipment provided. As with any case, outcomes depend entirely on the individual facts and evidence involved, and past results are not a guarantee of future outcomes.

For a broader look at the claims process, see our How Personal Injury Claims Work guide

Why Proper Equipment Matters

Employers have a duty to provide appropriate equipment and training for the tasks they ask employees to carry out. Where an injury results from a failure to do so, this can form an important part of the evidence supporting a claim.

Frequently Asked Questions

Conclusion

Fear of losing your job should never stand in the way of a legitimate workplace injury claim, and the law recognises that. If you’ve been injured at work and you’re unsure how to proceed, understanding your protections and what you may be entitled to claim is the sensible first step.

Here’s the full picture behind this week’s 60-second explainer, including how duty of care applies to private healthcare and the two types of damages you may be able to pursue.

Yes, you may be able to claim against a private healthcare provider for mistreatment, misdiagnosis, or delays in treatment. It makes little to no difference whether care was provided by the NHS or privately: both owe you a duty of care, and a breach of that duty could mean you’re able to claim. This may include general damages, for the physical or emotional harm caused, and special damages, covering the financial losses that flow from the negligence, such as medical costs.

Here’s a closer look at your legal protection after making a workplace claim, and what compensation can include.

The Short Answer

Can You Be Fired for Making a Claim?

It’s a common worry, but the law is clear on this point: your employer cannot legally dismiss you, or treat you unfairly, because you’ve made a claim against the company for a workplace injury. Employers carry a legal responsibility to maintain a safe working environment and to take reasonable steps to prevent injuries wherever possible. Making a claim to hold them to that standard doesn’t remove your employment protections.

You can read more about accident at work on our accident at work claims service page. 

What Counts as Discrimination in This Context

This protection generally covers dismissal, demotion, unfavourable treatment, or other detriment linked to the fact that you’ve pursued or intend to pursue a claim. If you believe you’ve experienced this, it’s worth seeking advice promptly, as separate employment law considerations may also apply alongside your personal injury claim.

What Can Compensation Actually Cover?

Compensation for a workplace injury claim isn’t limited to the injury itself. Depending on the circumstances, a compensation package can be made up of several elements, including payment for the injury, lost earnings, and damage to personal property.

The example referenced in this week’s video involved a client required to carry out a work task without the appropriate equipment provided. As with any case, outcomes depend entirely on the individual facts and evidence involved, and past results are not a guarantee of future outcomes.

For a broader look at the claims process, see our How Personal Injury Claims Work guide

Why Proper Equipment Matters

Employers have a duty to provide appropriate equipment and training for the tasks they ask employees to carry out. Where an injury results from a failure to do so, this can form an important part of the evidence supporting a claim.

Frequently Asked Questions

Conclusion

Fear of losing your job should never stand in the way of a legitimate workplace injury claim, and the law recognises that. If you’ve been injured at work and you’re unsure how to proceed, understanding your protections and what you may be entitled to claim is the sensible first step.

Here’s the full picture behind this week’s 60-second explainer, including how duty of care applies to private healthcare and the two types of damages you may be able to pursue.

The Short Answer

Does It Matter If the Care Was Private?

It’s a common assumption that private healthcare sits outside the usual rules, but the underlying legal position is the same regardless of who provided the treatment.

You can read more about medical negligence on our clinical negligence claims service page. 

Can You Claim Back Medical Costs?

Where treatment is found to have been negligent, compensation isn’t limited to a single type of award. Two categories of damages tend to apply.

• General damages, covering the physical or emotional harm caused.
• Special damages, covering financial losses that flow from the negligence, such as medical costs.

The Aim of Compensation

The underlying principle behind both types of damages is the same: to put you, as far as money can, back in the financial position you would have been in had the negligence not happened.

For a broader look at the claims process, see our How Medical Negligence Claims Work guide

Frequently Asked Questions

Conclusion

Whether your care was private or through the NHS, the duty owed to you as a patient doesn’t change. If something went wrong with private treatment, it’s worth finding out whether that duty may have been breached, and what you could be entitled to as a result.