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Can I Sue My Employer for Negligence?

While you’re at work, your employer has a legal duty of care to take steps to try and keep you as safe as possible. If they are negligent and you are injured as a result, you could be entitled to start a personal injury claim for any suffering you’ve endured. In this guide, we’ll answer the question, “Can I sue my employer for negligence?” and other queries. You’ll also find out how the claims process works, how to prove your employer was negligent and how much compensation you could be entitled to.

If you do wish to sue your employer for negligence, we can help. As well as the information in this article, we offer a free initial consultation where one of our specialists can review your case and talk over your options. If they suspect that you could sue your employer for negligence, you could be connected with one of our accident-at-work solicitors. Crucially, they’ll manage your case on a No Win, No Fee basis if you both agree to proceed with a claim.

To arrange a consultation now, you can:

  • Call us on 0333 241 2519 to speak to a legal advisor.
  • Connect to our online chat service any time of day or night.

Read on for more information about how to sue your employer for negligence but please call if any questions arise along the way.

Can I Sue My Employer for Negligence in the UK?

In the UK, the Health and Safety at Work etc. Act 1974 is the overarching piece of legislation relating to workplace safety. It, and other laws, place a duty of care on employers to take reasonable and practical steps to keep staff as safe as possible.

As such, you could sue your employer for negligence if:

  • You can demonstrate that your employer owed you a duty of care; and
  • They breached that duty through an act of negligence; and
  • As a result, you were injured or made ill in the last three years.

It is important to point out that you can’t simply sue your employer because they caused you to have an accident at work. To be entitled to claim compensation, you must also be able to show that you were injured in some way. For instance, you could claim if an accident at work caused:

  • Broken bones.
  • Back injuries.
  • Cuts, bruises or lacerations.
  • Psychological suffering.
  • Torn muscles, ligaments or tendons.
  • Burns or scalds.
  • Internal injuries.
  • Penetrating wounds.

In fact, anything other than the most minor injuries could enable you to sue your employer for negligence. Why not call now and let us assess your claim and review your options for free?

What Constitutes Employer Negligence in the Workplace?

Some examples of negligence that could enable you to sue your employer if they resulted in an accident at work include:

Here are some more specific scenarios that could enable you to sue your employer because their negligence caused an accident:

  • If your employer provided you with a damaged ladder and you fell and sustained a broken leg at work as a result.
  • Where you were struck in the face by debris thrown from a cutting machine because its safety guard had been removed.
  • If you tore ligaments in your ankle after tripping on a damaged tile in a factory.
  • You were diagnosed with contact dermatitis because you weren’t given protective gloves while handling hazardous substances.

There are plenty more examples of workplace accidents that could allow you to sue your employer for negligence. Please feel free to speak with us about your specific case.

How Do I Prove That My Employer Was Negligent?

Proving that your employer’s negligence caused your accident and injuries is essential if you’re to win a personal injury claim against them.

Therefore, if you are injured at work, you should:

  • Report the incident so that it’s recorded in the company’s accident book. This will make it almost impossible for your employer to deny that the accident occurred.
  • Where available, take photographs of any maintenance logs if your accident was caused by faulty machinery or equipment.
  • Keep records of any emails or text messages between you and your employer about any safety concerns you raised.
  • Write down as much information about the accident as you can while it is still fresh in your mind.
  • Request a copy of your training record from your HR department or supervisor.

These steps may go some way to proving employer negligence caused your accident.

What Evidence Do I Need to Support a Negligence Claim Against My Employer?

If you wish to sue your employer for negligence, you must supply as much evidence as possible to try and prove your case. This can include:

  • Photographs of the accident scene and CCTV footage where available.
  • Copies of your medical records to help prove your injuries.
  • Contact information for colleagues or other potential witnesses to your accident.
  • Pictures of any visible injuries taken periodically throughout your recovery.
  • A copy of the accident report into the incident.

If you are struggling to obtain a specific piece of evidence to support your case, please get in touch now. If one of our solicitors takes on your case, they may agree to collect evidence on your behalf if they agree to represent you.

How Much Compensation Can I Expect if I Win a Negligence Claim?

If you sue your employer for negligence and your claim is successful, you will be awarded a compensation payout. This will normally be formed of two different heads of loss.

The first is called general damages. This is compensation for any pain, suffering, discomfort or loss of amenity your injuries have caused. Crucially, general damages cover both physical and psychological suffering.

This part of your compensation payout is based on the extent of your suffering (including future suffering). Therefore, your solicitor is likely to ask for an independent specialist to examine you and discuss your injuries with you.

After your medical assessment is received, your solicitor will use it to value your injuries by comparing them with those listed in the Judicial College Guidelines (JCG).

Special damages could also contribute to any settlement you’re awarded if you’ve been left out of pocket due to your injuries. They could cover:

  • Rehabilitation and medical expenses.
  • The cost of adapting your home if you’ve been left permanently disabled by your injuries.
  • Travel expenses.
  • Loss of earnings and future loss of earnings where your ability to earn is reduced in the long term.
  • Care and support costs.

If you wish to claim for any costs related to your injuries, you will need to prove them by providing receipts, wage slips or other financial records.

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Start the process of suing your employer for negligence with a completely free consultation.

Our solicitors, with 30+ years of experience, provide a 100% No Win, No Fee service, giving claimants a risk-free option to pursue the compensation they deserve.

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Or call now on 0333 241 2519 to speak to a specialist solicitor.

Do I Need a Solicitor to Sue My Employer for Negligence?

Suing your employer can be stressful and involve complex legal and medical questions. That’s one of the main reasons many people take on a personal injury solicitor when making accident-at-work claims.

If your case is managed by one of our solicitors, they will:

  • Help to collate evidence needed to support your case.
  • File your claim with your employer on time (and in the correct format).
  • Handle all communications on your behalf.
  • Use their legal skills and training to try and a) win your case and b) secure a fair settlement.
  • Keep you up to date throughout the claims process.

Our solicitors use a contract called a Conditional Fee Agreement (CFA) to provide a No Win, No Fee service for any claim they take on. The CFA means you only have to pay your solicitor for their work if you receive a compensation payout.

If that happens, up to 25 per cent of your settlement will be deducted to cover your solicitor’s success fee. This percentage is legally capped by the Conditional Fee Agreements Order 2013 for your protection.

To see if you could sue your employer for negligence on a No Win, No Fee basis, please call the number above now.

Are there Potential Risks or Downsides of Suing My Employer for Negligence?

Even if you’re sure you’re doing the right thing by suing your employer, doing so might not be the nicest thing you’ll ever do. The process can be emotionally distressing and you might find it awkward to speak to your manager about your work while taking legal action against them or the company.

As we’ll explain next, you should not face any repercussions for making a claim against your employer but you may want to think about the pros and cons of doing so before proceeding with a claim.

If you’d like to discuss your options with one of our specially trained advisors, please get in touch now.

Can My Employer Retaliate Against Me for Suing Them for Negligence?

Legally, your employer cannot retaliate against you simply because you’ve decided to sue them for negligence. That means they cannot:

  • Bully you.
  • Discipline you.
  • Demote you.
  • Make an example of you.
  • Stop you from being promoted.
  • Fire you.

If you were to face any of the actions listed above, you should, initially, inform your HR department or manager about what’s happened. If the situation is not resolved, you could inform your union about the situation and ultimately, you could start a separate claim for unfair or constructive dismissal.

Obviously, all of the above information is true if you’re suing an employer for a genuine reason. If your claim is false or exaggerated, your employer is likely to have grounds to begin disciplinary action against you.

If your case is managed by one of our solicitors, they’ll ensure the correct details are recorded when preparing your case and deal with your employer throughout the claims process so you won’t need to.s

Are There Any Time Limits for Filing a Negligence Claim Against My Employer?

Generally, you have 3 years to sue your employer for negligence from the date of your accident. This is a rule set out in the Limitation Act 1980. Claims made outside of that period can be statute-barred meaning you could miss out on any compensation due to you.

The 3-year rule can be effectively waived in limited circumstances. One example is if the injured party lacks the mental capacity to deal with a claim. In this case, it may be possible for someone else to act as a litigation friend and seek compensation for the claimant without having to worry about a time limit.

Please get in touch if you’d like to know more or to check how long you have to sue your employer for negligence.

Contacting Us About Suing Your Employer for Negligence

If you would like to find out if you can sue your employer for negligence, you can:

  • Call 0333 241 2519 to speak with a specialist.
  • Use our 24/7 live chat service at a convenient time.

Whether you decide to proceed with a claim or not, you can still contact our legal advisors for advice and guidance about the claims process. If you have a case to sue your employer and it’s taken on by one of our solicitors, it’ll be managed on a No Win, No Fee basis.

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