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Injury Claims against Former Employers

7 December 2021

We are often asked if a claim for compensation can still be made against a former employer?

The answer is yes, you can still claim against a former employer even if you have since moved onto new employment.

Similarly if your former employer has ceased trading, a claim can still be brought through their employers’ liability insurance cover which was in place covering the date of your accident. It is a legal obligation for employers to take out this insurance to safeguard its staff.

One thing to be careful of is if a redundancy settlement is proposed there is often a clause within the draft Settlement Agreement confirming no additional claims will be made against the company including personal injury.  If you are considering bringing an accident claim against your employer in this situation, you should make sure that a personal injury claim for your accident is not excluded within the settlement agreement. At Poole Alcock LLP, we have Solicitors who specialise in Employment Law and therefore if you are unsure about the wording of a Settlement Agreement, please feel free to contact us for help.

Another concern often raised is if a client remains employed with a firm, whether they can be sacked for bringing a claim?  An employer is not allowed to sack you simply because you have brought a personal injury claim.  We work closely with our employment team to ensure that clients are fully advised as to their employment rights should there be any concern.  The vast majority of cases are dealt with by the employer’s liability insurers without causing an employment issue, however we are fully aware that this is a real concern and our employment team is on hand to help if needed.

As with all personal injury claims it is better that a claim is brought sooner rather than later to make sure it is brought within the limitation period (usually 3 years from the date of the accident), and to reduce the likelihood of difficulties in obtaining evidence or identifying the employer liability insurers covering the claim.

All claims are unique and we are happy to discuss any potential claim with you before you decide whether to start a claim.

Visit our personal injury solicitors page for further information, or get in touch with our team here.

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