A very commonly asked question our team gets is “Will my employer know if I make a claim?”
In a word, the answer to this question is “yes”.
The nature of the claims process involves seeking insurance details from your employer, which means that an investigation will eventually occur. The main concern for clients who are still employed by possible defendants, is whether it will have a negative effect on their standing with their employer.
By law, you have rights and it should make no difference if you (with good right) intend to go forward and make a claim, which resulted from the negligence of your employer.
Even so, we would advise potential clients to think carefully before proceeding. You are the only person who will know if you are likely to be treated differently by your superiors. Here are a few points to bear in mind before going ahead:
Are you likely to remain an employee of the Defendants going forward?
If you are planning to leave for whatever reason, it may be best to hang on until you hang on until you have worked out what your next move is, as it will probably give you an easier time when it comes to dealing with your employer.
Do be aware though, that there is generally a three-year limitation period with claims, which is the length of time you have to take action after the accident. The longer you leave it, the tougher it can be to gather the necessary evidence to back up your case.
We rarely accept cases that are very close to limitation (less than a year) as there can be issues that crop up close to completion. Having less than a year to complete a matter successfully can make it very difficult to work out the prospects of a claim even before proceedings are issued.
Is it worth raising your intentions with your employer before they receive official correspondence?
Once again, you are the only one who can best know what to do. Some employers may be more accommodating towards the matter if they have advanced warning.
As with anything, it depends on the personalities within your workplace as to how such matters will be received. make sure you think it over carefully though, as it could potentially cause problems for you before you have even reached the enquiry stage with a solicitor.
Be certain of your motivation and reasons for your actions
Make sure that you are absolutely certain that you want to proceed with action. There is no harm in asking questions or making an approach for advice, but just know going into it that if you were to take it any further that claims can take a long time to resolve, and your heart must be in it.
By law, making a claim should make no difference to your situation at work. Realistically though, if action ever took place, you could be greeted with any response ranging from helpful to upset. Depending on the people involved, some employers could take such a matter personally. This can lead to issues for the claimant.
Remember though, that you have certain rights within law, and these things could be discussed with an Employment solicitor if necessary.
Further reading
For some further information about accidents at work, check out this page.
How do I get in touch?
Contact our team today on 0113 306 9039, and we will advise you on whether or not your case is likely to succeed.
