Written by Rick Gregory, Editorial Lead · Legal information checked in collaboration with Edward & Amaury Solicitors (SRA 800525) · September 2026 · ~6 min read
Quick Summary
- Most of the fears that stop people claiming — losing their job, huge legal bills, having to go to court — don't match how these claims actually work in practice
- Employer's liability insurance means your employer isn't paying out of their own pocket, and no win no fee means there's normally nothing to pay upfront
- Some caution is genuinely justified — no outcome is guaranteed, and a success fee is deducted if you win — but that's precision, not a myth to debunk
- If a specific worry is holding you back, a free case assessment can address it directly before you commit to anything
1. "My employer will sack me for claiming"
This is the single biggest fear we hear, and it's largely misplaced. Employer's liability insurance means your employer isn't personally paying your compensation — the insurer is. Dismissal connected to reporting your accident or raising a safety concern is automatically unfair under the Employment Rights Act 1996 from day one; dismissal connected purely to the compensation claim itself is treated differently and generally needs two years' service for ordinary unfair dismissal protection. Either way, sacking someone for a legitimate claim is exactly the kind of thing employment tribunals exist for. See our guide to claiming against your employer for the full picture.
2. "I'll have to pay huge legal fees"
Most accident at work claims are funded on a no win, no fee basis (a Conditional Fee Agreement). If your claim fails, you generally pay nothing. If it succeeds, a success fee — capped by law at 25% of your general damages and past financial losses, not your whole compensation — is deducted. There's no truth to the idea that claiming leaves you out of pocket regardless of outcome.
3. "It'll definitely end up in court"
Most accident at work claims settle through negotiation, without a contested court hearing. Your solicitor manages the entire process and will only issue court proceedings if the insurer disputes liability or makes an unreasonably low offer.
4. "My claim isn't serious enough to bother"
There's no minimum injury severity for a valid claim. If your employer's failure caused your injury, a genuine claim exists whether the injury was minor or severe — see our guide on whether a minor accident is worth claiming for.
5. "It was partly my fault, so I can't claim"
Being partly responsible reduces your compensation proportionately (contributory negligence) — it doesn't usually prevent a claim outright. If your employer's failure was also a cause of the accident, you can still claim.
6. "I have to use a solicitor my employer or their insurer suggests"
You choose who represents you. Your employer's insurer represents the employer's interests, not yours — instructing your own independent solicitor is standard and sensible.
7. "Claiming will damage my relationships at work"
The claim is handled between your solicitor and your employer's liability insurer, not your line manager personally. Most employers treat it as a routine insurance matter, and many people continue working for the same employer, sometimes for years, after a successful claim.
8. "I have to wait until I've fully recovered before claiming"
You shouldn't wait unnecessarily. Evidence deteriorates over time, and you have a three-year time limit from the date of the accident (or date of knowledge for gradually developing conditions) under the Limitation Act 1980. A solicitor can manage the timing of any medical assessment to make sure your prognosis is properly reflected before settlement.
9. "I'm not a permanent employee, so I have no rights"
Agency workers, zero-hours workers, and apprentices are generally owed the same duty of care as permanent staff. Employment status affects who you claim against, not whether you have a right to claim at all.
10. "There's a guaranteed payout amount for my type of injury"
Compensation is assessed on the individual facts and medical evidence in your case — nobody can honestly guarantee a specific figure without reviewing that evidence first. Be cautious of any source that quotes a firm number before knowing the details of your injury.
What's actually true
A few things genuinely are as cautious as they sound, and it's worth being upfront about them: no outcome is ever guaranteed, a success fee is deducted if you win, and the value of your claim depends entirely on your specific medical evidence and losses. That's not a myth — it's just precision, and any solicitor being straight with you will say the same thing.
Frequently asked questions
Is any of this different if I'm still working for the same employer?
No — the same protections and process apply whether you're still employed there, have moved on, or the business has closed. See our guide on claiming against your employer for the detail on job security specifically.
What if I've already been told one of these myths by my employer?
It happens more often than it should. If your employer has told you that you can't claim, or that you'll lose your job, or that it's not worth their insurer's time, a free case assessment can tell you honestly whether that's accurate for your situation.
Where can I check more specific questions?
Our FAQ hub covers 75+ specific questions in more depth, from time limits to evidence to what happens after you submit a claim.
Still unsure? Get a straight answer
A specialist solicitor can address your specific concern directly, free of charge and without obligation.
Or call 01228 272395 to speak to Edward & Amaury Solicitors (SRA number: 800525). No upfront cost and nothing to pay if your claim does not succeed.