Last Updated on October 7, 2026 by tanya

Claiming Against Your Employer While Still Working There

 

About Our Legal Expert: This content is produced under the oversight of Michael Jefferies, First Personal Injury Director, who brings more than 30 years of legal experience.

Written by Tanya Waterworth, Digital Content Writer

 

What to Expect After a Work Injury Claim for Compensation

If you’ve been injured in an accident at work which was not your fault and are claiming against your employer while still working there, what can you expect? This is a primary concern from most claimants who’ve been involved in an accident at work and fear reprisal if they are continuing to work there. People claim against their employers all the time if injured at work. Essentially, an employer’s insurer deals with the claim, so your daily routine should stay much the same.

Plenty of injured workers in England and Wales hold off on making a claim simply because they have to turn up on Monday morning and don’t want to face some awkward moments. So, if you’ve been injured in a work accident due to unsafe working conditions or employer negligence, we take a look at what happens once you start a claim and how to cope in the workplace.

 

Can You Claim Against Your Employer and Keep Your Job?

Yes, there’s nothing which says you should resign if you’ve made a claim. Most employers in England and Wales will carry employers’ liability insurance, which exists for exactly this situation. The claim goes to the insurer, so the money doesn’t come out of your boss’s pocket. Plenty of employers see this as routine insurance business, a bit like a claim after a car bump.

The law also protects you from reprisals for being dismissed. So, if your employer treats you badly because of it, you have options, which we cover below.

 

Will Your Employer Know You’re Making a Claim?

Yes, and this is because your solicitor has to notify the employer or their insurer, and the insurer will look into what happened. Your solicitor writes the letters and takes the calls so you don’t have to deal with that.

Your manager may hear from the insurer before you’ve said anything although some people prefer to mention it first, face to face. That’s your decision, and your solicitor can advise on timing.

 

What Happens After You Start the Claim?

Most work injury claims follow a similar path as below:

 

Log the accident: If it isn’t already in the accident book, add it and keep a copy.

Your solicitor sends the claim: Your solicitor’s is experienced in this work and will ensure you receive maximum compensation.

The insurer investigates: They check risk assessments, training records, maintenance logs and witness accounts, then decide whether to accept responsibility.

You see a medical expert: This is usually one independent appointment to record your injuries and recovery.

Most claims settle: Negotiation resolves the majority of claims without having to go to court.

 

Does Your Employer Have to Make Changes After the Accident?

Employers should look at what went wrong and reduce the risk of it happening again. Any serious injuries may need reporting to the Health and Safety Executive. You can’t make that happen through a claim, but an investigation often leads to safer equipment, better training or tighter procedures.

 

How Do You Handle Work While the Claim Is Running?

Here’s some tips to make life easier while your claim is ongoing:

 

Keep it professional with colleagues: Some may be asked for witness statements, and not everyone enjoys that. Don’t lean on anyone, and don’t go through your claim in the canteen. Keep in mind that whatever you say can find its way back to the insurer.

Stay quiet on social media: Insurer will often check social media. A photo of you lifting something at a weekend barbecue can cause trouble, even if you paid for it afterwards.

Put requests in writing: If you need lighter duties, a phased return or different equipment, ask by email and keep the reply. A sensible employer will agree, and asking for support doesn’t weaken your claim.

 

What About Sick Pay and Time Off?

You may be entitled to Statutory Sick Pay (SSP), and some employment contracts pay more. Claiming doesn’t switch any of that off. In fact, wages you lose can form part of your compensation, including the gap between sick pay and your normal earnings. Keep all your payslips and fit notes.

 

What Can You Claim For?

Compensation has two parts. The first covers the injury itself: the pain and how much it has affected your life. The second covers money you’ve lost or spent, for example:

 

• Lost earnings, now and in future
• Treatment, physiotherapy and prescriptions
• Travel to appointments
• Help at home from family or carers
• Changes to your home or car
• Reduced earning power if you can’t return to the same job

 

What If Things Turn Sour at Work?

Most claims don’t go this way, but if yours does, it’s advisable to do the following:

 

• Keep dated notes of what was said and done, plus emails and messages
• Raise a grievance in writing
• Tell your personal injury solicitor, who can point you towards an employment specialist
• Contact ACAS which gives advice on workplace rights and rules. Tribunal deadlines are short, usually three months less one day

 

Is It Better to Wait Until You’ve Left the Job?

Generally this is not advisable as waiting costs you evidence and time. Memories fade, CCTV gets overwritten and equipment gets repaired or replaced. A claim started while the incident is fresh stands on firmer ground. Quitting just to claim can also leave you without a wage, which makes the financial pressure worse.

 

How Long Do You Have to Claim?

You normally have three years from the date of the accident, or from when you realised the injury was work-related. Different rules apply to children and to people who lack mental capacity. Leaving it late makes evidence harder to find, so it pays to start as early as possible.

 

FAQs Claiming Against Your Employer While Still Working There

Do I have to tell my boss before I claim? No, not unless you want to. Your solicitor will notify the employer or insurer for you, so you don’t need to raise it first.

Will I have to go to court? Most claims settle through negotiation, and only a small number reach a court hearing.

Can I claim if I leave the job later? Yes, you can. Leaving doesn’t end your right to claim, provided you’re within the three-year limit.

Will my claim affect my employer’s insurance? It might affect their premiums, but that’s a business matter for them, not a reason to hold back from claiming.

Can my colleagues be asked to give evidence? Yes, insurers and solicitors can often take witness statements from people who saw the accident or know the working conditions.

 

Let’s Get Started

If you’re thinking about claiming but you still work for the employer involved, you don’t have to work it all out alone.

Our team will guide you through the claims process to help you secure the compensation you deserve. We’re a claims management firm who partners with experienced work injury lawyers who offer an initial free consultation, as well as a ‘No Win, No Fee’ agreement. This means you will only pay fees of your claim is successful.

📞 Call us now at 0333 358 2345 📝 Or complete our online contact form and we’ll call you back.