If you’ve been injured in an accident at work, it’s natural to worry about your job. You might be asking yourself, “Can I be sacked for having an accident at work?” The short answer is NO – you cannot legally be dismissed just because you were involved in an accident, especially if it wasn’t your fault.
Understanding your rights is the first step to protecting yourself after a workplace injury. In Northern Ireland, clear employment laws are designed to ensure fair treatment for injured workers. This guide explains your rights, your employer’s responsibilities, and what steps you should take if you feel your dismissal is unfair or discriminatory.
At My Personal Injury Claim, we offer expert advice on workplace accidents. Let’s talk about your rights as an employee and what you’re entitled to after an incident.
Your Right to a Safe Working Environment
Under health and safety law, your employer has a legal duty of care to protect you from harm. This means they must:
- Provide safe machinery and equipment
- Offer proper training
- Carry out risk assessments
- Maintain a clean, hazard-free workspace
- Provide protective gear where needed
They may be liable if your employer fails to meet these responsibilities and you suffer an accident. You can find more details about employer duties on the Health and Safety Executive for Northern Ireland (HSENI) website:
Can I Be Sacked for Having an Accident at Work?
No – Not for the Accident Alone
Being involved in a workplace accident does not give your employer a valid reason to sack you. Northern Ireland employment law protects workers from being unfairly dismissed if your employer tries to dismiss you solely because you’ve had an accident at work, which will likely be considered unfair dismissal.
You have the right to:
- Continue working while you recover (within any medical restrictions)
- Take time off for recovery (with a doctor’s note)
- File a claim for compensation if the accident wasn’t your fault
- Return to work without fear of discrimination
If you’ve worked for your employer for at least one year (or two years if employed after 6 April 2012), you have legal protection against unfair dismissal.
When Can You Be Dismissed After an Accident?
While you can’t be sacked just for having an accident, there are some scenarios where dismissal could be lawful:
1. Gross Misconduct
If the accident occurred because you acted recklessly or breached safety rules (e.g. working while intoxicated, ignoring warnings), your employer may have grounds to dismiss you. Even then, they must follow proper disciplinary procedures.
2. Long-Term Absence
If your injuries mean you can’t return to work for a long time, and there’s no way to reasonably adjust your role, dismissal may be possible. But your employer must explore all options first, including:
- Modified duties
- Flexible working
- Suitable alternative roles
3. Dishonesty
Falsifying accident details or faking injuries can lead to disciplinary action and potential dismissal.
Each of these cases must be handled with a fair process. Your employer must investigate the matter, allow you to explain your side, and follow proper dismissal procedures outlined in the Employment Rights (Northern Ireland) Order 1996.
What to Do If You’re Threatened with Dismissal
If your employer threatens to sack you after your accident:
1. Keep Records
Document everything: accident reports, witness statements, doctor’s notes, and any communications from your employer.
2. Seek Advice
You can get free, confidential advice from the Labour Relations Agency (LRA)
3. Raise a Grievance
If you believe you’re being treated unfairly, raise a formal grievance through your company’s internal process.
4. Contact a Solicitor
A solicitor specialising in employment or personal injury law can advise on whether you have a claim for unfair dismissal or personal injury compensation.
Can You Claim Compensation for an Accident at Work?
Yes. You could claim compensation if your accident were caused by employer negligence – for example, failure to provide training, faulty equipment, or ignored safety warnings.
Your claim may cover:
- Loss of earnings
- Pain and suffering
- Medical costs
- Travel expenses
- Future care or rehabilitation costs
Claims must usually be made within three years of the date of the accident. You can read more about your rights to claim compensation on NI Direct: Accidents at Work.
What If You’re on a Zero-Hours or Temporary Contract?
You still have rights even if you’re not a full-time permanent employee. Your employer cannot dismiss or discriminate against you unfairly after an accident.
You are protected under health and safety laws, and if you’re dismissed without a fair reason or due process, you may be able to challenge that.
Are You Being Treated Differently Since Your Accident?
Discrimination after a workplace injury is unfair and may be unlawful. Watch out for signs such as:
- Being excluded from meetings or projects
- Denied reasonable adjustments to help you work
- Sudden disciplinary action after your return
- Unjustified criticism or micromanagement
These could indicate victimisation or disability discrimination, primarily if your injury has led to long-term health effects. In such cases, you may have grounds to make a claim under the Disability Discrimination Act 1995 (NI).
Final Tips: Protecting Yourself After a Work Accident
Here’s a quick checklist to help you take control:
- Report the accident immediately
- Get a copy of the accident report
- See a doctor and keep medical evidence
- Keep records of your communication with your employer
- Ask for modified duties if needed
- Raise a grievance if treated unfairly
- Seek legal advice if you’re facing dismissal
Know Your Rights, Take Action
So, can you be sacked for having an accident at work? No, not without a fair reason and proper procedure. Northern Ireland law is on your side. You’re entitled to a safe workplace, fair treatment after an injury, and protection from unfair dismissal.
If you’re worried about being sacked after an accident at work or need legal help with your injury claim, we’re here to listen and act fast.
At My Personal Injury Claim, we specialise in supporting workers across Northern Ireland who’ve been injured at work – whether due to unsafe conditions, lack of training, or employer negligence. We understand the stress following a workplace accident, especially when your job is at risk.
Contact My Personal Injury Claim today for free, confidential advice!
