Workplace accident claims – will my employer know?

One of the most commonly-asked questions when making a claim of this nature.

The simple answer to this question is “yes” – your employer will be aware that a legal claim has been made following an accident at work.

To enable an accident at work claim to be made, we are required to obtain insurance details from employers and this will result in an investigation into the incident.

By law, you have a right to pursue an accident at work claim against your employer for negligence. However, it is always wise to assess your situation very carefully.

As much as you would hope that everything is fine having done so – only you will know best if your boss, supervisor or the company itself will act differently towards you once your claim has come to light.

We would advise that you consider the following:

Are you likely to stay at the company you are bringing a claim against?

If you believe you are going to move on from your current company and work elsewhere – whether this has anything to do with your accident or not – it may be best to wait a short while before bringing you claim, even if it’s just to make life a little easier for you.

Be aware though that there is a three-year limitation period on workplace accidents, and the longer you leave it the more difficult it can be overcome potential complications and obtain evidence to support your case.

We don’t often take on cases with less than a year to go before limitation expires, as any hurdles in the early stages of a claim can make it difficult to issue proceedings and resolve the matter.

Should I alert my employer before my solicitor contacts them?

Only you will know best as to whether this is wise or not. In our experience, we have had cases where an employer has embraced the decision and even given them an outline of the process.

The reaction is dependent on the individuals involved in the process. Do think very carefully if you are to do so, especially if you haven’t sought any legal advice at all yet – as you may end up causing friction with your employer before you even find out if proceedings are possible.

Know your motivation

Make sure you are certain that you wish to go ahead with the process. It never hurts to get some advice if you are unsure, but know that the process can be a long one which requires your commitment to see it through.

Legally, a claim against your employer should make no difference to your employment status. Realistically though, it could be received by your employer anywhere between acceptance to annoyance or even anger.

Not all employers do, but some can take it personally which can unfortunately create problems in your working day.

Just make sure that you’ve thought everything through and consider all the people who will brought into the process before deciding what course of action to take.