Will my job be in jeopardy if I make a personal injury claim against my employer?
This is one of the most frequently asked questions
of personal injury solicitors and even more so in the current economic climate.
Here at Simpson Millar we understand that deciding to bring an injury claim against your employer
can be a difficult decision to make. However, legally, your employer is not allowed to dismiss you
because you are deciding to bring a personal injury claim and indeed go on to pursue a claim against them. If your employer did try to dismiss you in such circumstances, then it is likely you will be able to make a successful claim against them for unfair dismissal
Another similar question often asked is what if your employer starts to treat you differently
at work once you have commenced your claim against them and they begin to make your time at work unbearable and you feel you have no option but to have to resign? If you were unfortunate enough to have to hand in your resignation as a result of such treatment then you would have a good case for pursuing a claim against your employer for constructive dismissal
Employers' Liability Insurance
Something to bear in mind when considering pursuing a personal injury claim against your employer is your employer is legally bound to have employers’ liability insurance
. If your claim is successful therefore it will be their insurance company who will be paying
out your compensation and not your employer directly.
Don't leave it too late
If you have been injured at work in the last 3 years
then it is advisable to contact a personal injury solicitor to discuss if you could be entitled to compensation for your injuries or alternatively if you have been dismissed or had to resign from your job and feel you were treated unfairly
then speak to a specialist employment law solicitor to find out where your stand and what your next steps could be. It is important to know that many employment law claims can have short timescales in which to appeal
so it's advisable to contact a solicitor as soon as you can.