The question of whether employment status affects the outcome of an accident claim is common in the claims industry. If you are unemployed, in-between work or you are on state benefits, then you may be concerned about how this is going to affect your rights.
The good news is that your employment status will not affect the outcome of your accident claim, or your legal rights to make a claim in the first place. The legal process does not discriminate based on employment, so you should have no worries about moving forward.
If you have landed on this article with a slightly different question to what we have answered, hopefully the following information will help you:
Will making a claim affect my employment?
The answer to this question is that legally, your employer is not allowed to terminate your employment or punish you in any way for making a claim. And so making a claim should not affect your employment. But not all companies are legally savvy, and there are cases where a worker has lost their job because they made a claim. This is classed as unfair dismissal. In this instance, you can make another claim against the company you were employed by.
What if I did not have a formal contract of employment when I had my accident?
If you have had an accident at work but you did not have a formal contract of employment at the time, then you may be able to sue your employer for negligence. However, you cannot bring a statutory claim under Employment Regulations, unless you can prove that you and employer signed a contract. Because of this, it’s wise to discuss your case with a law firm like accident advice helpline who’ll be able to establish your status of employment.
My employment income is hard to prove. Will this affect my payout?
The short answer is maybe. Compensation is made up of two parts: General damages and special damages. The latter is financial compensation designed to replace any lost earnings including overtime, out-of-pocket expenses etc. If you can’t prove your loss of income, then your solicitor may have a hard time trying to seek a fair special damages payout. However, a savvy solicitor will find a way around this either through additional evidence or request.
What if my employer has entered administration?
In the event that you had an accident at work but your employer is in administration, you may still be able to make a claim for financial compensation. But only if your employer had the appropriate employer’s liability insurance at the time, as you will be making a claim with the insurance company. If they did not, it will be difficult to make a claim because there will be nobody to claim against.