By Cat Way. Last Updated 10th June 2025. In this guide, we explain when and how you may be able to sue your employer while you’re employed by them still. If you have been injured in an accident in the workplace, you may need to seek help and treatment from a doctor as soon as possible. Once you have gotten this help, you may need to consider whether or not the accident was your fault. If it was not, and your employer could be held liable for your injuries, you could receive personal injury compensation, and so suing your employer while still employed in the UK could be an option.
If you would like to speak to our advisors regarding a case of workplace negligence that has caused you harm, or you would like to begin an accident at work claim against the employer that has been negligent in regards to your health and safety, please do not hesitate to give Legal Expert a call on 0800 073 8804. Alternatively you can contact us online by either using our contact form or our 24/7 live chat service.
Before you try to start a claim, we would recommend that you keep reading to learn more about what to expect if you do end up suing your employer while still employed. We’ll discuss the process involved in claiming against your employer for a workplace injury. So, for advice on how to take legal action, please read on.
To learn more about how it works, why not check out our video below:
Select A Section
- What Are The Grounds To Sue Your Employer?
- Suing An Employer – Claim Time Limits
- Points To Remember If Suing Your Employer While Still Employed
- Could My Employer Dismiss Me For Suing Them?
- How To Sue Your Workplace – Gathering Evidence
- How To Choose A Solicitor To Help Sue Your Employer While Employed
- Calculating Workplace Accident Claims Against An Employer
- Special Damages When Suing Your Employer
- No Win No Fee Claims Against An Employer While Still Employed
- Start A Claim Against An Employer
- Further Information
What Are The Grounds To Sue Your Employer?
To have good grounds to sue your employer while employed, you must be able to show that negligence occurred. 3 points, when taken together, define negligence:
- You were owed a duty of care.
- This duty was breached.
- You suffered injuries, either mental or physical, in an accident that occurred due to this breach.
Your employer owes you a duty of care while you are carrying out your job-related duties. Under the Health and Safety at Work etc. Act 1974, your employer must take reasonably practicable steps to ensure your safety in the workplace. If they fail to adhere to any relevant health and safety legislation and you suffer injuries, you would have good grounds to sue your employer while employed. Furthermore, they cannot sack you if you seek compensation.
Speak to a member of our advisory team to further discuss this eligibility and ask, ‘can I claim compensation against my current employer?’. This eligibility check is one of the free services we offer at Legal Expert.
Suing An Employer – Claim Time Limits
If you are planning to sue the company you work for after suffering an accident at work, you must ensure that you start your claim within the relevant time limit. This is three years from the date of the accident, as stated by the Limitation Act 1980. However, there are some exceptions.
For claimants under the age of eighteen, the time limit is suspended temporarily until the injured party turns 18. While the time limit is suspended, a litigation friend can start the claim for them. Otherwise, the time limit will begin on their eighteenth birthday, and last until their twenty-first.
Furthermore, the time limit is suspended indefinitely for those who lack the mental capacity to claim for themselves. If they recover the appropriate capacity to make a claim for themself, then the time limit will reinstate on the date of recovery. If not, a litigation friend can make the claim on their behalf.
For more information on suing an employer following an accident at work, contact our team today.
Points To Remember If Suing Your Employer While Still Employed
Here are a few points to remember if you sue your employer while employed.
Know Your Rights
You may wish to make yourself familiar with the policies and procedures that the company has in place for grievances. So, you could speak to your Human Resources department to access this information. You have a legal right to be treated no differently at work because of any claim you may launch against your employer.
Record Keeping
Keeping records of your grievances, type of accident, type of injury, cause of the accident, and any other important details could help support your claim for compensation against your current employer.
Official Complaint
You may also want to contact your Human Resources department and make them aware of what has happened. This could give them the chance to begin an investigation regarding your complaint, and they can do this in an official capacity. If applicable, it may be a good idea also to make your trade union aware of what has happened, as the representative could give you advice and support on what to do next.
Can You Sue Your Employer And Still Work For Them?
Yes, if you have a valid compensation claim, you can sue your employer while employed by them. You do not need to give up your job.
If you’ve been working at your company for more than two years, then you are protected in certain situations from being dismissed without good reason. If you were involved in an accident that was wholly caused by your employer’s negligence, and you lose your job because you start a claim, this could be considered unfair or constructive dismissal.
Unfair dismissal is where your employer sacks you without a good reason. You’re only protected from unfair dismissal if you’ve been employed for more than two years, unless you’re dismissed on the basis of a protected characteristic.
Constructive dismissal is where your employer attempts to create a hostile work environment in an attempt to make you leave. For example, they may make unreasonable changes to the way you work or let other employees harass you.
If you’d like more information on whether you can sue your employer and still work for them, speak with our team today.
Could My Employer Dismiss Me For Suing Them?
No, your employer cannot dismiss you for suing them. Provided they were responsible for the accident that caused your injuries due to their failure to comply with health and safety legislation, you have a valid compensation claim.
If your employer is at fault, they should know that they could have to compensate you, and they should have insurance in place to deal with this. They should also be aware that you could then have grounds for unfair dismissal if they were to sack you. This could put your employer in an even more difficult position, as you could sue your employer for unfair treatment. So this information is worth keeping in mind as you decide whether to sue your employer while employed.
How To Sue Your Workplace – Gathering Evidence
If you are wondering how to sue your employer, part of the claiming process will involve collecting sufficient evidence. This can help prove that when a duty of care that was owed to you was breached, you suffered an injury.
Some examples of evidence that could be useful for an accident at work claim include:
- Photographs from the accident scene.
- Video footage of the incident, such as from CCTV.
- A copy of your medical records containing details about the nature of your injury and what treatment was required.
- The contact information of any witnesses to the accident so they can give a statement later into the claiming process.
- A copy of the accident log book with details of the accident that caused your injury. It is a legal requirement for all workplaces with ten or more staff members to have an accident book.
If you need any help obtaining evidence or would like to discuss when you could be eligible to have valid grounds or reasons sue your employer, get in touch with an advisor from our team.
How To Choose A Solicitor To Help Sue Your Employer While Employed
One of the first steps of making an accident at work claim is to choose a solicitor. It should be noted that you do not need to instruct a solicitor to support your personal injury claim. However, having someone experienced in the accident at work claims process will help a lot.
Like our solicitors here at Legal Expert, who have decades of experience between them suing employers while the claimant remains employed. Some of the services offered by our solicitors include:
- Case assessments. A solicitor will evaluate whether you have reasonable grounds to seek compensation from your employer based on the circumstances of your accident. This will be done before the Letter of Claim is sent.
- Drafting and sending the Letter of Claim. This is a document that states your intent to claim compensation before you officially start.
- Gather evidence. One of our solicitors will help you gather compelling evidence that will support your claim.
- Explain your rights. Not knowing your full rights when it comes to taking steps to sue your employer while employed can make the process way more stressful than it needs to be. Your solicitor will explain your rights while cutting through any legal jargon.
- Support rehabilitation. Following injuries, you will need rehabilitation. They will help you assess private treatment and apply for an interim payment (a payment from your compensation before the final settlement has been agreed) to fund it. This can be for anything from mental health therapy to a physiotherapist.
- Ensure your compensation is accurately calculated. They will explain how your compensation is calculated and advise on what it can cover. Furthermore, they will negotiate this settlement with your employer’s insurer to ensure that you are being fully compensated for your pain, suffering and any related costs.
You may wonder, ‘how can I afford all these services’, especially if you have been out of work recovering from an injury. Our solicitors offer these services and more on a No Win No Fee basis. If you have questions about what No Win No Fee means, or if you would like to find out if you could be eligible to have the support of one of our solicitors, speak to a member of the advisory team now.
Calculating Workplace Accident Claims Against An Employer
If your employer has acted negligently, and you have been injured as a result, this may be one of the reasons you could sue your employer. For example, if your employer has supplied you with faulty work equipment, such as a ladder, and using it has led to an injury, you could potentially sue them because of the damage caused.
Whether you are suing your employer while still employed or after leaving their employ, the claims process is likely to be the same. The Judicial College Guidelines can help provide insight into how much you could receive from suing your employer. By analysing previous payouts for general damages, they have created compensation brackets. The ones below are taken from their latest guidelines.
Please remember that every claim is unique. This means that, if you have a successful claim, the payout could differ from the amounts shown below. Furthermore, please bear in mind that these figures only relate to successful claims in England and Wales. The top figure is also not from the JCG.
| Injury | Severity | Guideline Payout |
|---|---|---|
| Multiple serious injuries with special damages | Serious | Up to £1,000,000+ |
| Brain damage | Very severe (a) | £344,150 to £493,000 |
| Moderate (c) (i) | £183,190 to £267,340 | |
| Back | Severe (a) (i) | £111,150 to £196,450 |
| Moderate (b) (i) | £33,880 to £47,320 | |
| Neck | Severe (a) (i) | In the region of £181,020 |
| Moderate (b) (i) | £30,500 to £46,970 | |
| Severe Leg | Most Severe (b) (i) | £117,460 to £165,860 |
| Moderate (b) (iv) | £33,880 to £47,840 |
If you’d like to learn more about suing your employer, please contact our advisors for a free legal consultation. They can inform you of your claim eligibility and answer any queries you have about the claims process.
Special Damages When Suing Your Employer
Now that your question, ‘Can I sue my employer?’ has been answered, you may want to know more about being compensated for financial losses resulting from your injury.
In some circumstances, personal injuries may result in you incurring financial losses. As such, if you are eligible to claim compensation for your injuries under general damages, you can potentially claim special damages.
Special damages compensate you for any financial losses you incurred as a result of the injuries you sustained in your accident at work. Not all workplace accidents result in financial losses; however, if yours has, you may be compensated for them.
Some examples of how accidents at work may result in financial losses include:
- Missed wages if you needed time off work to recover from your injuries
- Missed work benefits such as bonuses
- Payments towards healthcare and travel
- Payments towards special equipment and home adjustments that may support you whilst recovering from your injuries
- Payments towards your care, childcare or housekeeping (if your injuries prevented you from doing this)
You must provide evidence of your financial losses if you are claiming special damages. However, if you are struggling to obtain it, our solicitors may support you with this. Some examples of evidence for financial losses include:
- Payslips or any documents that show your wages
- Bank statements or credit card statements
- Medical bills or travel bills
- Receipts from any purchases you have made
For more information on claiming special damages, contact our helpful advisors for free today. You can also ask questions such as, ‘What happens if you sue your employer while employed?’
No Win No Fee Claims Against An Employer While Still Employed
When suing your employer while still employed, a No Win No Fee agreement may be of interest to you. If you’re eligible to claim compensation, one of our expert solicitors may offer you a Conditional Fee Agreement (CFA), a specific type of No Win No Fee agreement.
Here are the benefits offered by this type of agreement with your solicitor:
- You pay no upfront solicitor fees.
- You pay no ongoing solicitor fees.
- You pay no solicitor fees at all if your claim does not succeed.
- If your claim does succeed, your solicitor will take a success fee from your compensation. The success fee is a small, legally-capped percentage.
Start A Claim Against An Employer
No matter whether you are in a position to make a workplace accident claim, you still have queries about the personal injury claims process, or you would like to see if you could be eligible for personal injury compensation, you can call us on 0800 073 8804 or leave your details via our contact us form, and we will get in touch. We look forward to hearing from you if you want to sue your employer for the injury. But to find out how to win a lawsuit against your employer, get in touch with us at any time.
Further Information
Here are a few more guides and external resources with further information. You might find these pages helpful.
- Who Pays Your Medical Bills? – This guide reveals who pays your medical bills if you suffer an injury at work in a workplace accident.
- Armed Forces Injury Claims – If you have been injured in the workplace while working for the British Army, you may be wondering how to claim. This guide reveals all.
- NHS Accident At Work Claims – We also have a guide that provides plenty of useful information for anyone that has been injured while working at the NHS.
- Health And Safety Legislation – You can use this link to learn about all of the different laws in place for workplaces in Great Britain about health and safety.
- Nerve Damage Injury Claims – How Much Compensation Can I Claim? – This article provides more information about claiming if you’ve suffered nerve damage from an injury.
- How Much Compensation For Slipping On Wet Floor Claim? – This article provides more information about claiming if you’ve slipped on a wet floor.
- Neck Injury Claims – This article provides further information about claiming compensation for a neck injury.
- Who Has Overall Responsibility For Reporting Injuries At Work – Information on who is responsible for reporting workplace accidents.
- Get more information on claiming for a laceration injury and scarring with our helpful guide.
Sue Your Employer While Employed FAQs
What reasons can you sue your employer?
These include pay deductions, wrongful termination, discrimination against staff, sexual harassment and defamation.
Is it easy to sue an employer?
It may not feel easy, but a personal injury solicitor can help to make the claims process smoother.
Is suing an employer after an accident allowed?
Yes, you even have the right to make a claim against an employer you still work for. It can be difficult to know how to sue your employer. Some people may even feel uncomfortable at the thought of it. However, it’s important to remember that any compensation you receive will not come directly from your employer.
Your employer must have an insurance policy in place to cover personal injury claims. This is as per the Employers’ Liability (Compulsory Insurance) Act 1969. Generally, the compensation would come from your employer’s insurance provider. So, your employer’s personal finances would not be affected.
Additionally, you can still sue your employer if you no longer work for them following the accident.
Some people also wonder, “can I sue a freelance employer?”. The answer to this is that if you are freelance, you are self-employed. In these cases, you may be able to make a claim if you’re injured whilst working on a self-employed basis. However, you would need to establish negligence caused you to sustain harm.
If you need any additional information on making a personal injury claim against your employer, then please don’t hesitate to get in touch with us.
Can I sue my job for emotional distress?
You can do this, though you must prove that the emotional distress is a direct consequence of your job.
What constitutes unfair treatment at work?
This includes any offensive comments, unfair dismissal and discrimination in terms of treatment and the pay structure.
What factors could contribute to a hostile work environment?
These include singling out an employee due to their colour, race, sexual orientation, gender, age or religion.
What are the 3 types of harassment?
These are verbal, visual and physical.
How can you prove harassment?
This means the defendant bringing about harassment to their victim and recognising that their actions constitute harassment.
Should I report my boss to HR?
This is possible, but you should only consider it a final resort and after significantly poor behaviour.
Do you still have any questions on how to sue your employer while employed. If so, you’re welcome to contact Legal Expert today by phone or online using the contact details mentioned above.
