News & Info
Can you lose your job if you make a claim against your employer?
28th August, 2024
An accident at work may feel like a complicated situation if you need to make a compensation claim against the company you work for. Here’s how the law protects you.
Being involved in an accident at work that was not your fault can be a distressing experience, particularly if you’re left with painful injuries. In some cases, you may need to make a personal injury claim against your employer to claim compensation for your injuries.
Maria Lakes specialises in accidents at work cases and has handled a wide range of claims against large and small companies during her 13 years at Tracey Solicitors LLP. Maria says she often encounters people who are concerned they will lose their job if they make a personal injury claim.
“If you have an accident at work, it’s often more difficult than a road traffic accident, because you have a relationship with your employer,” she explains. “But remember, your employer has a duty to provide you with a safe place of work. If they breach that duty and you suffer some loss as a result, you may have legal cause to take an action against them.”
The law protects everyone who has an accident that wasn’t their fault, including those that happen at work. This means you may be legally entitled to claim compensation for the effects of that accident.
“Your employer has no right to terminate your role if you take a personal injury case against them if you were injured through no fault of your own,” says Maria.
“I would say to anyone who has been injured at work through negligence of someone else, to get in touch with us so we can chat about your case. Especially if you’re concerned about your job, we can discuss this matter with you and work out how best to proceed,” she adds.
Maria explains that to be able to claim compensation for an accident at work, you will need to prove two things:
“First”, she says, “you would need to prove that the accident is the fault of your employer or another party, such as an external contractor or other employee.” (See Vicarious Liability Claims for more on this).
“Secondly, you need to prove your injuries. This is where you would need to have medical reports completed and evidence of the impact of those injuries.”
Maria emphasises the importance of protecting yourself by getting medical attention as soon as possible and making sure the accident is reported.
“As with any accident,” says Maria, “your health is priority number one and you should always get checked out by a medical professional if you have an accident, even if your injuries don’t initially seem to be serious.”
“And you must inform your manager or your employer immediately of what happened. They will need to complete an accident report form and this may involve CCTV footage being preserved or photographs being taken for evidence.”
“Ideally, employers are trying to keep the workplace safe for all employees, so they need to be aware if there is a safety issue to prevent future accidents.”
Finally, ensure you document everything related to your accident, as this can all help in building your personal injury case.
“This should include the time and date of the accident, how it happened, and who witnessed it. Write everything down and keep any receipts from medical treatment you received,” says Maria.
If you have been involved in an accident at work and would like to have a confidential discussion, contact us and we will be happy to help you.
Maria Lakes is a Partner and Personal Injury Solicitor at Tracey Solicitors LLP. Maria is a Committee Member of the Law Society of Ireland’s Professional Indemnity Insurance Committee, and a Committee Member of the Dublin Solicitors Bar Association Litigation Committee. Maria prides herself on helping clients navigate challenging situations through legal solutions.