Claiming Against Your Employer: Your Rights and Reassurance

For many injured workers, the biggest barrier to making a claim is not the injury itself — it is the worry about what claiming might mean for their job and relationships at work. This page addresses the most common concerns honestly.

Can I Claim Against My Employer?

If you were injured at work due to your employer's negligence, you have the legal right to seek compensation. This is a right protected by law — not a hostile act. Employers, their insurers, and the legal system are designed to accommodate it.

Will I Lose My Job for Making a Claim?

The legal protection here depends on exactly what's really being punished. If you're dismissed or treated badly because you reported the accident or raised a health and safety concern, that's automatically unfair dismissal under the Employment Rights Act 1996 — protected from your very first day of employment, no minimum service required.

If the dismissal is connected purely to pursuing the compensation claim itself — separate from the underlying safety report — the position is different: ordinary unfair dismissal protection can still apply, but it currently requires two years' qualifying service, unless the real reason is genuinely tied to the protected safety-related conduct above. Either way, treating you badly or dismissing you because you've claimed is exactly the kind of thing an employment tribunal exists to deal with, and you should take specialist employment law advice quickly if it happens — tribunal time limits are short.

Changes to employment rights in 2026 and 2027

The Employment Rights Act 2025 is changing two of the rules above. Official government guidance confirms that:

• From 1 October 2026, the time limit for most employment tribunal claims increases from three months to six months (less one day), where the time limit starts on or after that date. You must still contact Acas for early conciliation before making a claim.
• From 1 January 2027, the qualifying period for ordinary unfair dismissal falls from two years to six months. Day-one protection against dismissal for health and safety reasons is unchanged.

These employment tribunal deadlines are completely separate from the three-year time limit for the injury compensation claim itself — see our time limits guide.

In practice, the vast majority of accident at work claims proceed without affecting the employment relationship. Your employer's liability insurer deals with the claim — not your employer personally.

Will My Claim Be Paid by My Employer's Insurance?

In almost all cases, yes. Most employers in Great Britain are legally required to hold Employers' Liability Insurance with at least £5 million of cover. When you make a claim, it is the insurer — not your employer — who typically handles and pays the claim. Some public bodies, such as NHS bodies and local councils, are exempt from the insurance requirement and pay claims from their own funds or indemnity schemes instead; that does not affect your right to claim.

What If I Still Work There?

You can make a claim whilst remaining employed. Many people do. If you are worried about the practical situation, discuss it with your solicitor.

Absence, sick pay and your role while you recover

Your employer can manage injury-related absence, but must do so fairly: follow its own sickness absence policy consistently, take occupational health or GP advice before making decisions about long-term absence, and treat the absence as sickness — not misconduct. If your injury amounts to a disability under the Equality Act 2010, your employer must consider reasonable adjustments such as a phased return, amended duties or altered hours. Statutory Sick Pay is the legal minimum; your contract may give you more (see will I get full pay if injured at work?).

Cutting your pay or materially changing your role without your agreement is a breach of contract, and resigning over it may give rise to a constructive dismissal claim — but take advice before resigning, because resigning without advice can close that option. Changes you agree as part of a phased return are different and are generally lawful. If you raised a genuine health and safety concern and were then treated badly, whistleblowing protection under the Public Interest Disclosure Act 1998 may also apply, with no qualifying period.

If your employer is making things difficult, keep a dated written record of every meeting, message and action that concerns you, ask for notes of formal meetings, and confirm verbal conversations in writing afterwards. An employment tribunal claim and your injury claim are separate proceedings against different parties with different time limits, so make sure both your advisers know about both.

Will My Claim Get a Colleague Into Trouble?

No colleague is sued or pays anything personally. Even where a co-worker’s actions contributed to the accident, the legal claim sits with your employer — whose duty it was to provide a safe system of work, training and supervision — and is paid by its insurer. Employers’ liability insurance exists precisely so individual workers are not personally pursued. A colleague who saw what happened may be asked for a witness statement; that describes what they saw and is not a disciplinary process. Any internal action is a separate decision for your employer. If you would rather a particular colleague was not involved, tell your solicitor early — CCTV, the accident book, photographs and other witnesses can often cover the same ground.

Feeling Worried About Claiming?

That is normal — most people who contact us have never claimed before and are still dealing with the injury. The process is designed so your solicitor does the work: gathering evidence, dealing with the insurer and managing the timetable. A free assessment gives you an honest view, including if the claim is weak, and does not commit you to anything. You stay in control throughout: you decide whether to go ahead, whether to accept any offer, and you can discuss withdrawing at any stage (your written agreement explains what happens if you do). Many people get in touch just to understand their rights. See the claims process step by step.

What If I Have Left the Job?

You can still claim if you have left, provided you are within the limitation period. Your former employer's Employers' Liability insurer can still be identified and pursued.

Agency Workers, Contractors, Zero-Hours Workers, and Apprentices

• Agency workers — may have claims against both the agency and the client business
• Zero-hours workers — generally owed the same duty of care as other workers
• Apprentices — treated similarly to employees for most health and safety purposes
• Contractors/self-employed — position is complex; legal advice is essential

What If I Was Partly at Fault?

If you were partly responsible, your compensation may be reduced proportionately — contributory negligence. Partial fault does not prevent you from claiming. Get legal advice on your specific situation.

Frequently Asked Questions