Accidents can happen in any workplace. From a minor incident to a situation where you are injured, it’s important you know your rights. In the aftermath, its common to be concerned about being sacked for having an accident at work.
We’ll look at the legal protections in place for UK employees navigating the processes after an accident or injury at work. We’ll also highlight when you can be sacked for an accident, when you can’t, and how to protect yourself if you are worried about unfair treatment.
Understanding Workplace Accidents: A Brief Overview
Workplace accidents, also known as occupational accidents, are unexpected incidents leading to injury or illness that take place during work related activities. These accidents may be purely coincidental or may result from negligence involving employees, employers, contractors, or premises visitors.
Employers are legally obligated to treat any accident in the workplace very seriously to ensure the Health, Safety, & Wellbeing of staff and members of the public.
Under RIDDOR regulations, serious accidents in the workplace must be reported to the Health & Safety Executive (HSE). It’s also a legal requirement for all workplaces with more than 10 employees to have an accident book, and record all accidents. Records must be kept for 3 years.
RIDDOR regulations also require that specified types dangerous occurrences or “near misses” should also be reported, even if no injuries took place. This includes equipment coming into contact with overhead power lines, and explosions or fires causing work to be stopped for more than 24 hours.
These reporting obligations demonstrate how seriously any workplace accident should be taken.
Source: HSE Guide to RIDDOR Regulations.
Common Workplace Accidents
Below are some of the more common workplace accidents that occur in the UK:
- Slips, trips and falls. Trips at work are one of the most common reasons for an injury. They can be caused by wet flooring, untidy work areas or poor lighting.
- Accidents involving machinery and other equipment. Employees should be trained in the piece of machinery they will be using. They should also be wearing the appropriate PPE.
- Falling debris. Many work environments carry risk of falling or flying debris. Examples include jobs in welding or woodwork.
- Repetitive strain injuries (RSI). When tasks involve the same muscles and body parts, they can begin to feel the strain. Poor posture can also cause these symptoms.
- Pulling muscles or overexerting body parts. Lifting heavy objects or other laborious tasks can lead to injuries such as back pain.
- Chemical burns or spills. Hazardous chemicals in the workplace can lead to human contact, resulting in chemical burns or inhalation of vapours.
- Fires and explosive incidents. Fires in the workplace are all too common and can be caused by faulty equipment or gas leaks. Also being exposed to hot surfaces can lead to burns and scalds.
Further reading: Accidents at work examples.
Can I Be Sacked For Having An Accident At Work?
In general terms, you should not be sacked for having an accident at work which has left you injured, and was not your fault.
However, there are some situations where an accident at work can lead to disciplinary action on grounds of negligence. This may, sometimes, lead to dismissal which is lawful if a fair investigation and disciplinary process is followed, and the decision to sack the employee was reasonable based on the outcome of the disciplinary process.
For example, an employee may breach health and safety regulations which then causes an accident. In this situation, there may be grounds for dismissal. It may be that an individual’s actions jeopardised other colleagues, as well as themselves. Employers have a duty of care towards all staff and this might result in them taking disciplinary action against them.
Employer Responsibilities to Investigate Workplace Accidents
If you are concerned that an accident at work you’ve been involved in is subject to an investigation by your employer, it may not be an indication that they will take disciplinary action against you.
Employer health and safety obligations mean that it is best practice to investigate workplace accidents, work out why they happened, and make alterations to risk assessments to prevent similar incidents in future.
The Management of Health and Safety at Work Regulations 1999, Regulation 5 requires employers to monitor and review their workplace safety measures.
Source: The Management of Health and Safety at Work Regulations 1999, (R5)
Can an Accident Be Gross Misconduct?
Workplace accidents don’t typically result in allegations of gross misconduct. This type of misconduct involve serious actions that fundamentally breach the trust and confidence between employer and employee, warranting dismissal without notice.
Such actions can range from, fraud, physical violence, to serious breaches of health and safety regulations.
When an employee’s behavior is recklessly negligent or violates crucial company safety rules, there may be grounds to consider it gross misconduct. Regardless, any decisions made should follow a fair disciplinary procedure to avoid the dismissal being unfair.
Rights of Employees Who Have Had Accidents at Work
In the UK, legal protections and statutory rights are in place to ensure the safety, protection, and fair treatment of employees after workplace accidents.
Statutory Sick Pay
Firstly, workers earning a minimum of £123 per week on average are eligible for Statutory Sick Pay (SSP) if they need time off due to such an incident. SSP is a statutory employment right, and must be paid after the first 3 days of absence, or “waiting days“.
Employers are not obliged to pay your full wages after an accident at work unless your contract offers enhanced sick pay provision, or occupational sick pay. This can leave workers who have suffered a work related injury with financial shortfalls.
See Also: If you get injured at work do you still get paid?
Legal Protection
Beyond immediate financial concerns, UK laws, especially the Employment Rights Act 1996 (ERA), protect employees against unfair treatment after an accident, including unfair dismissal should they pursue compensation claims against their employer.
Part X, Section 98 of The ERA specifies that employees have protection from being unfairly dismissed. Section 100 of the act also determines several situations where a dismissal would be considered automatically unfair if the primary reason was related to raising health and safety concerns.
Sources: Health & Safety Unfair Dismissal & Section 98 ERA – Davidson Morris.
The Equality Act 2010 offers protection against discrimination or victimisation at work, particularly if the accident results in disability.
Claiming Compensation
Where an employee believes their accident was a result of employer negligence, they might be entitled to claim compensation. Seeking this compensation should not endanger their employment status or lead to unfair treatment at work.
All workplaces are required to hold employer’s liability insurance, which will cover any compensation claims from workers injured as a result of employer negligence.
Damaged Company Property: What it Means for You
Occasionally, workplace incidents may result in damage to company property. In most instances, such damage is considered accidental and should not be grounds for dismissal.
Nevertheless, it’s vital for employees to familiarise themselves with their employment contract. There may be specific clauses addressing property damage and the consequences.
The situation may differ if the damage arises due to employee negligence or recklessness. In such circumstances, the employer typically commences an investigation to gather facts on the incident.
If negligence or recklessness is confirmed, a disciplinary procedure will commence, which might culminate in dismissal.
See also: Can my employer take money from my wages for mistakes?
How to Handle the Fear of Retaliation for Claiming Against Your Employer
Taking the step to file a claim against your employer can be intimidating. The process may make your workplace feel tense or uneasy, and there might be concerns about potential backlash from your superiors.
Any unlawful treatment, such as harassment or bullying in the workplace conducted by employers can lead to legal action. Should you feel you have become a victim of such behaviour, you should consult with a legal advisor.
Always document conversations, incidents, or any evidence that might be relevant. This will help prove your case should things proceed to a tribunal. All workers have the right to feel safe and free from discrimination at work.
Claiming Against Your Employer And Their Insurance
If you’ve had an accident at work and are thinking of making a claim against your employer, it’s essential to follow the right steps. Doing so will make the entire process smoother, but skipping steps might result in your claim being overlooked or denied.
Here’s a simple 5-step guide to help you:
- Medical Attention First: If you need medical treatment, get it immediately. It not only ensures your health but also provides vital evidence of any injuries.
- Document with Photos: If you have visible injuries, consider taking photographs. It might be helpful later on.
- Inform Your Employer: Make sure you let your employer know about the accident and explain how it happened.
- Work’s Accident Record: The incident should be recorded in the workplace’s accident log. Ensure it’s signed, dated, and that you receive a copy.
- Get Legal Advice: Specialist accident claims solicitors can help guide you and evaluate the strength of your case. Many operate on a no win no fee basis.
What Happens During an Accident Claim?
Once your claim gets started, your legal advisor will keep you updated. Expect to be interviewed, as will your employer. Often, your legal team will aim to settle out of court.
If there were any witnesses, they might be asked to provide written statements or take part in interviews. All this information will be gathered to assess the claim thoroughly, including the nature of your injuries and their impact on your work.
In many situations, a settlement is agreed upon between your legal team and the employer’s insurance company. But if disputes arise, like your employer not accepting blame, the case could head to a formal hearing. Sometimes, employees are compensated for lost wages while awaiting a decision.
Remember, each case is unique. The nature of the accident, the injuries, their long term effects, and the evidence available will all play a part in shaping the process.
What to Do if You’re Unfairly Dismissed After a Workplace Accident
Finding yourself out of a job after a workplace mishap is a tough spot to be in. But remember, you have rights. If you believe you’ve been unfairly dismissed, consider making a claim of unfair dismissal against your employer at an employment tribunal.
While there might be a few exceptional circumstances where an employer can legitimately dismiss someone after an accident, these are rare.
If you feel you’ve been dismissed without proper cause, here are some steps to guide you:-
- Review Your Contract: Take a close look at your employment agreement. Ensure there aren’t any hidden clauses that might be problematic.
- Seek Legal Advice Promptly: The sooner you consult with an expert, the better. Time can be of the essence in these situations.
- Compile Your Evidence: Collect everything that supports your claim – this could be emails, witness accounts, photos, and any other relevant documents.
- Know the Law: Familiarising yourself with the UK’s Employment Rights Act of 1996 can be invaluable. It offers key protections for employees.
- Raise a Grievance: Your employer should have a process in place for raising grievances. It’s recommended to use this channel to voice your concerns formally.
In Conclusion
Accidents happen. And while the aftermath can be challenging, it’s essential to know your rights and take appropriate actions.
By understanding the law and seeking timely advice, you’re not only safeguarding your professional future but also ensuring fairness in the workplace for all.
