Could I lose my job if I make a work injury claim?
Updated: 3 Oct, 2025 By Chris Salmon
It is unlawful for an employer to dismiss you, threaten your job, or treat you unfairly because you make a work injury compensation claim. You are legally protected from retaliation, regardless of how long you have worked for your employer.
What does the law say?
The law is clear: no employee can be dismissed for filing or considering a personal injury claim after a workplace accident. Under the Management of Health and Safety at Work Regulations 1999, employers must provide a safe working environment. If they fail in this duty and you are injured, you are entitled to seek compensation.
Your employer cannot legally change your contract, reduce your hours, alter your duties, or dismiss you because of a claim. Doing so could give rise to further legal action.
Does length of employment matter?
No. Whether you have been employed for a few weeks or many years, the same protections apply. It is unlawful to dismiss an employee simply because they brought, or intend to bring, an injury claim, whether the accident happened on a construction site, in a warehouse, or in an office.
Bringing a claim should not put your job at risk. Claims are against your employer’s insurer, not an individual. You have legal protection from unfair treatment, so try and keep calm, keep records, and focus on recovery.
John Kushnick
Legal Operations Director (NAL)
What if I am forced to resign?
Sometimes employers do not dismiss staff outright but instead make working conditions intolerable, leaving the employee no real choice but to resign. This is known as constructive dismissal. It is illegal to force someone out of their job in this way for exercising their right to make a claim. As with unfair dismissal, you may be able to bring a separate claim for constructive dismissal alongside your injury claim.
What if my employer threatens me?
Employers are not allowed to threaten dismissal or imply that your role is at risk if you pursue a claim. Any such threats could result in further legal consequences for the employer in addition to your personal injury case.
What should I do next?
If you believe you have been treated unfairly, dismissed, or pressured to resign following a work injury, you should speak to a solicitor about your options. If you are a union member, you may also wish to raise the issue with your representative. When starting or pursuing a claim, be sure to explain to your solicitor how your employment has been affected.
Key takeaway
You cannot legally be dismissed, threatened, or treated unfairly for making a work accident claim. The law protects you, whether you are a new employee or a long-serving member of staff. If your employer retaliates, you may also have grounds for an unfair or constructive dismissal claim.
Have you been injured at work?
If you have been injured at work in the last 3 years, you may be able to claim financial compensation.
Find out more about making a work accident claim:
- Do you qualify?
- How much compensation could you get?
- How does No Win, No Fee work?
Read more: Work accident claim guide
Our work injury advisors will:
- Offer free, impartial advice
- Explain how No Win, No Fee works
- Recommend the right solicitor
About the author
Chris Salmon is a legal commentator and co-founder of Quittance Legal Services. He has written extensively about workplace accidents, employment rights and the claims process. Chris's work has been cited in national media and he regularly contributes practical guidance to help injured workers understand their options.
Last reviewed October 2025 by Chris Salmon
External references
- GOV.UK: Unfair and constructive dismissal - explains when dismissal is unlawful if you make a claim.
- GOV.UK: Statutory Sick Pay (SSP) - rules on sick pay if you need time off after an accident.
- ACAS: Reasonable adjustments - duties on employers to support you if you’re injured or disabled.
- ACAS: Phased return to work - how to plan a fair and safe return after sickness absence.
