By Jo Greenwood. Last Updated 15th June 2023. If you’re wondering ‘I was injured at work during my probation period, could I claim?’, then this guide can help.
This could be a more common problem than you might think. Many people could be injured at work during a probationary period, and some could be their employer’s fault for lack of training, poor instruction, poorly maintained equipment or unsafe workplaces, but some employees may do nothing about it, as they may fear that they could lose their job if they seek compensation for their injuries. The law says otherwise.
Within the below sections, you’ll see information about your rights as a worker, what kind of compensation you could claim, and how Legal Expert could assist with injured at work during a probation period claims. Call 0800 073 8804 to begin a claim today, but do read on first to see if your situation could lead to a claim.
Select A Section
- A Guide To Claiming Compensation If Injured At Work During A Probation Period
- What Is A Probation Period?
- When Might You Be On A Probationary Period At Work?
- What Are My Rights During A Probationary Period?
- Unfair Dismissal During A Probationary Period
- When Could You Be Dismissed During A Probation Period?
- Injured At Work During My Probation Period Compensation Calculator
- What Else Could My Personal Injury Claim Compensate Me For?
- Injury At Work Claims With No Win No Fee Solicitors
A Guide To Claiming Compensation If Injured At Work During A Probation Period
If you’re wondering ‘I was injured at work during my probation period, could I claim?’, then this guide can help.
The probation period could make some employees quite nervous, as they know they could lose out on the job they want to do long-term if they do not do the job to the required standard. But, what happens if you are unable to do the job to the correct standard because you are injured at work during a probation period?
‘I was injured at work during my probation period, could I claim?’
There are a lot of things your employer must do by law to ensure you are able to do your job safely and with foreseeable risks reduced as much as could be deemed reasonable. This could include them ensuring they are providing employees with health and safety training, the right protective equipment and maintaining a safe workplace.
If they fail to do so, and you are injured as a result, they could be in breach of health and safety law, and you could look into making a claim for injured at work during my probation period compensation.
Within the below sections, we’ll explain all about injured at work during my probation period claims, covering your rights as a probationary employee, what your employer can and cannot do to dismiss you during this period, and how Legal Expert could help you make a claim.
What Is A Probation Period?
Before we address the question of ‘I was injured at work during my probation period, could I claim?’, let’s get an understanding of what a probation period is.
A probation period is considered a trial period, where an employee gets to work on a job they would like to do permanently, to see how they like the job and how the employer thinks they will do in a permanent role. At the start of the period of probation, an employer should outline their expectations of the employee, as well as going through the standards of work, the standards of attendance, the behaviour expected, and the development they will provide if required to help the person do the job safely.
When Might You Be On A Probationary Period At Work?
Before we address the question of ‘I was injured at work during my probation period, could I claim?’, let’s look at some reasons why probation periods may be in place.
Probation periods generally apply to new employees or those that have changed role within the company entirely. While interviews and applications can show an employer what an employee has to offer on paper and by what they say they can do, this cannot be seen fully until the employee has actually done the job or slotted into the team.
Generally speaking, probation periods are between 3 to 6 months, with reviews to address any concerns and issues regularly throughout – although this is not compulsory. Probationary periods generally appear to work well for both employees and employers as they get the opportunity to try things out before committing to a permanent role.
What Are My Rights During A Probationary Period?
If you’re wondering ‘I was injured at work during my probation period, could I claim?’ you may be worried that you have no rights. However, this is not the case.
Do probationary employees have rights?
Yes, they certainly do. From the very first day you begin your employment, your statutory rights come into play. However, your contract may afford you more unfavourable terms while you complete your probation. Your employer may have written into your probationary contract
- That you are not entitled to private healthcare (paid for by the company)
- That you are not entitled to death in service benefits
- That a shorter notice period for dismissal exists during your probationary period
- You may be on a lower salary during a probation period
- You might not get a bonus during a probation period
Unfair Dismissal During A Probationary Period
If you’re wondering ‘I was injured at work during my probation period, could I claim?’, this may be because you were sacked during this time. Unfair dismissal during a probationary period could be claimed for instances where:
- You were harassed at work and then dismissed
- You were a whistleblower and were dismissed because of this
- You were dismissed because of a pregnancy, family, taking part in lawful industrial action, disability (if reasonable adjustments could be made to help them continue to do their job),
When Could You Be Dismissed During A Probation Period?
Can you let an employee go during probation? In certain situations, yes. There are a variety of reasons for an employer to effect dismissal during a probationary period. These could include:
- An extended absence due to sickness
- Gross misconduct
- Poor timekeeping
If you’re wondering ‘I was injured at work during my probation period, could I claim?’ because you were sacked during this time, this section will discuss your rights in more detail. Being injured at work during a probation period could not be used as a valid reason for dismissal if it was not your fault.
ACAS advises that if a dismissal were to take place, the statutory period of notice of one week if the employee has been employed for at least a month exists. If the employee has been employed less than one calendar month, then no notice is required, although good business practice would be to give some reasonable notice. In addition, good practice for dismissal during the probation period could take the form of:
- Inviting an employee to a probation review – while letting the employee know dismissal due to performance is being considered
- Letting the employee know they have a right to take someone into the review with them for support (this could be a union member or a colleague)
- In the meeting, giving the employee evidence of their performance issues
- Giving the employee an opportunity to make a response to the concerns
- Deciding on action (whether extending the period of probation or terminating the employment) and putting this in writing
In terms of an employee having to take time off sick due to recovery from injury or illness, an employer should take steps to ensure that they provided reasonable adjustments to help an employee recover from work if they have a disability. They should also conduct some kind of assessment to identify if the disability or illness is work-related.
If you’re wondering ‘I was injured at work during my probation period, could I claim?’, please read on for more information.
Injured At Work During My Probation Period Compensation Calculator
In terms of looking at a personal injury claims calculator, it could only ever provide a rough estimate of what you’d be likely to receive for your injuries. However, we have chosen to look at the Judicial College’s guidelines to outline the brackets for certain injuries. Please note, if your injury does not appear here, don’t worry, you could still claim for it. Just call us and we’ll give you the guideline amount for the specific injury you’ve received.
| Injury | Notes | Guideline Amount |
|---|---|---|
| Injuries to the thumb | Loss of thumb | £35,520 to £54,830 |
| Injuries to the Neck – Moderate (b) (i) | Those injuries that might have made an existing problem worse. Or soft tissue injury that is deemed moderate which leaves you with a fairly lengthy recovery as well as leaving you vulnerable to nuisance symptoms or further trauma | £24,990 to £38,490 |
| Injuries to the ankle – Modest injuries | Feeling of insecurity with the ankle, some tendon damage | Up to £13,740 |
| Hand injuries – Moderate hand injury | Deep cuts, crushes, soft tissue injures and penetrating wounds – permanent symptoms ranging from non-intrusive symptoms remaining to permanent disability | £5,720 to £13,280 |
| Minor Head/Brain Injury | The level of your award would be affected by how severe the injury was initially, how long it took you to recover, whether headaches affected you, and how bad the continuing symptoms were | £2,210 to £12,770 |
| Elbow injury Minor or Moderate | Tennis elbow, simple fracture and lacerations could be included here – no permanent damage | Up to £12,590 |
| Injuries to the back – Minor (i) | Recovery without requirement for surgery within around 2-5 years | £7,890 to £12,510 |
| Transient injuries to the eye | Recovery within a few weeks | £2,200 to £3,950 |
| Fractures of Nose or Nasal Complex | Undisplaced, with a full recovery | £1,710 to £2,520 |
What Else Could My Personal Injury Claim Compensate Me For?
If you’re wondering ‘I was injured at work during my probation period, could I claim?’, you may also be wondering what damages you could be compensated for.
Not only could an injured at work during a probation period claim bring you a settlement for the injury themselves, but also you could be compensated for the costs associated with the injury, such as:
- Lost earnings (Both actual and potential)
- Expenses for medical treatment/aids
- Expenses for travel related to the injury or your claim
- Costs for care
If you are not certain that some costs you’ve faced would be covered in an injured at work during a probation period claim, then why not call us – we’d be happy to discuss this with you.
Injury At Work Claims With No Win No Fee Solicitors
If you are eligible to make a personal injury claim after you have been injured while on probation at work, you may want a solicitor to help you with your case. One of our solicitors may be able to help you, provided you have a strong case. Furthermore, they may offer you a Conditional Fee Agreement, which is a type of No Win No Fee agreement.
Under this type of arrangement, you will not need to pay your solicitor anything for their services if your claim is unsuccessful. Alternatively, they will take a legally capped success fee out of your compensation award if they succeed with your claim.
If you’d like to check whether a No Win No Fee solicitor could help you with a claim for an injury sustained while on probation at work, please contact our advisors. They can assess your claim and let you know if you could be eligible to work with one of our solicitors.
Contact our advisors today by:
- Calling 0800 073 8804
- Using our live chat service.
- Complete our ‘claim online’ form.
