Will my employers know about my claim?

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“Will my employers know?” I get asked this question many times when assessing new claims. The short answer, I’m afraid, is “Yes”.

In order to process a claim we have to seek insurance details from your employers and an investigation will ultimately ensue. The issue for clients (if they remain employed by potential Defendants) is whether or not this will affect their relationship with their employers.

Legally, you have certain rights and it should make no difference if you (rightly) wish to pursue a claim for injury, caused by the negligence of the company you work for.

Will my employers know

However, I always advise clients to consider their position carefully. As an employee, only you know whether your supervisor, boss or the owner of the company are likely to treat you differently. I would consider the following when deciding whether to proceed:

Are you likely to remain employed by the Defendants in the long term?

If the answer to this is ‘no’, either because you are looking for a new position elsewhere or you simply are unhappy and want to leave, it might be best to wait a little while before proceeding with a claim – if only to make your life easier.

Bear in mind, however, that the limitation period (or the amount of time you have to issue proceedings) is three years and the longer you wait to make a claim the harder it can be to obtain evidence.

Similarly, here at Oakwood, we rarely take cases that are very close to limitation (less than a year) due to the fact that there can be complications in the initial stages, that then makes it difficult to assess the prospects of the claim in time to issue proceedings.

Is it worth mentioning your consideration of making a claim prior to your employers receiving ‘official’ correspondence from your solicitors?

Again, this is something only you will be able to decide. Some employers look more favourably on a situation if they are pre warned.

I had a claim for a lady who fell due to a defective step leading into her employers’ premises. When she spoke to her employers to warn them of the fact she was intending to claim they not only agreed it was the best course of action, they gave her an idea of what to expect throughout the process (the Director having made a claim themselves in the past).

It really does depend on the individuals involved. Do think carefully before you take this step, however, as in some cases it can cause an issue even before you have approached solicitors to see if you even have a claim.

Be clear of your motivation for pursuing a claim and your reasons for doing so

Only ever consider approaching a firm to pursue a claim for you if you are certain of your desire to do so. There is never any harm in approaching a firm for advice, but you should always start the process with ‘open eyes’. The duration of a claim can be a long one, and you have to be committed to seeing it through.

In conclusion, legally the fact you are making a claim should make no difference to your employment situation. Be realistic, however, when you begin the process and be aware that employers’ reactions can vary – from ‘helpful acceptance’ to ‘annoyed’ or even ‘angry’.

Unfortunately, some employers can take the commencement of a claim personally and this can lead to issues for them at work.

Remember, however, we do also have an Employment Department that would be happy to help if any additional issues arise from your decision to pursue a claim for Personal Injury. You have certain rights and no one should be able to prevent you claiming when you are injured and have suffered as a result.

An additional comment from our Employment Team

Many of our clients often question whether they can be dismissed, simply for bringing a personal injury claim. The answer is a resounding no, you cannot be dismissed for just making a claim.

You are entitled to seek compensation in instances in which someone has breached their duty of care to you, resulting in injury/illness, and the relationship between an employer and their employee is no exception.

If an employer attempts to dismiss you for this reason, they may be leaving themselves liable to a claim for unfair dismissal. This depends on a number of factors, including whether you have been employed by the company for a minimum of 2 years.

However, even if you are not dismissed following submission of a claim, and as detailed by my colleague above, if you are wanting to stay at your place of work while running a claim against them, it may create an unfavourable environment for you; I certainly would not be expecting any preferential treatment going forward!

Nevertheless, it is important to note that any mistreatment arising from this situation, may lead to a potential constructive dismissal claim if you feel you are left with no choice but to hand in your resignation as a result.