Can I make an accident at work claim if I am still working for my employer?

Written by Marie Oxland | Personal Injury team | 28 July 2026

Many people who are injured at work worry about what making a claim could mean for their employment. You may be concerned about damaging relationships with your employer, creating tension in the workplace or putting your job at risk.

These concerns are completely understandable, particularly if you enjoy your role or need the security of your income. It is common for people to delay seeking advice because they feel unsure about what could happen if they take action.

However, making an accident at work claim does not mean you are acting unfairly towards your employer or that you have to leave your job. If your injury was caused by circumstances that your employer was responsible for, you may still have the right to seek compensation while continuing to work there.

Understanding how these claims work can help you make an informed decision about what is right for you.

Can you claim against your employer while you are still employed?

Many people assume that they need to leave their job before making a claim, but this is not the case. Workplace injury claims are generally handled through an employer’s liability insurance rather than by asking your employer to personally pay compensation.

Employers are required to have insurance in place to cover situations where an employee is injured due to their work. This means that a claim is usually dealt with between the injured person, their solicitor and the relevant insurer.

The purpose of compensation is not to punish an employer. It is to provide support where someone has suffered an injury that may have been prevented and has experienced consequences as a result.

Will making a claim affect my relationship with my employer?

It is natural to worry about how your employer may react, particularly if you have a good working relationship with them or rely on your role.

Every workplace is different, but making a legitimate claim should not be viewed as doing something wrong. Employees have the right to raise concerns about their health and safety and seek advice if they have been injured.

A professional employer should understand that workplace accidents need to be properly addressed and that employees may need support following an injury.

In many cases, employers and employees continue their working relationship throughout the claims process. A claim does not automatically create conflict or mean that your position within the company will change.

Can my employer dismiss me for making an accident at work claim?

Employees have legal protections when raising concerns about workplace safety or seeking compensation for an injury. Taking legal advice or pursuing a claim should not be treated as misconduct.

If you have concerns about how your employer may respond, discussing your situation with a solicitor can help you understand your rights and the protections available to you. It is also worth remembering that seeking advice does not mean you have to proceed with a claim. Speaking to a solicitor can simply help you understand your options and decide what steps, if any, you would like to take.

What if I still need support from my employer?

Continuing to work after an accident can sometimes involve adjustments, particularly if you are recovering from an injury.

Depending on your circumstances, your employer may need to consider reasonable steps to support your return to work or help you continue in your role safely. This could include temporary changes to duties, working arrangements or additional support while you recover.

A claim can take place alongside these discussions. Seeking compensation does not prevent you from working with your employer to manage your recovery. In some cases, compensation may also help address the wider impact of an injury, such as lost earnings, treatment costs or other financial losses.

Should I tell my employer before making a claim?

There is no simple answer that applies to every situation. In many cases, your employer will become aware of a claim during the process, particularly because their insurer may be involved. However, speaking to a solicitor first can help you understand your position and what steps are likely to follow.

Getting initial advice allows you to make decisions with a clearer understanding of the process rather than feeling pressured or uncertain.

Why people hesitate to claim while still working

Many injured employees put off seeking advice because they feel loyal to their employer or worry they will be seen as causing problems.‍ Others may feel unsure whether their injury is serious enough or whether what happened was something they should raise.

It is important to remember that workplace injury claims are about understanding responsibility and obtaining support after an injury. They are not about creating unnecessary conflict. A solicitor can help you understand whether your circumstances may justify a claim and provide guidance based on the specific details of what happened.

How Nash & Co Solicitors can help

At Nash & Co Solicitors, our Personal Injury team understands that making a claim against your current employer can feel like a difficult decision. Many people contact us because they are worried about their job, their working relationships or what the process may involve.

We offer a free, no obligation consultation with an experienced Personal Injury lawyer, giving you the opportunity to discuss what happened and understand your options. We will explain the process clearly, answer your questions and provide honest advice without any pressure to proceed.

If you decide to move forward, we will support you on a no win no fee basis. This means you can explore your options without needing to pay legal fees upfront, with everything explained clearly from the beginning.

Our team supports clients across Plymouth, Devon, Cornwall and throughout England and Wales. You can get in touch with the team to discuss your circumstances confidentially and without any pressure to proceed by calling 01752 827031 or emailing enquiries@nash.co.uk.

Frequently Asked Questions

• Can I claim against my employer if I still work for them?

  Yes, you can make an accident at work claim while remaining employed by the same company. Many people assume they need to leave their job first, but this is not necessary. Claims are usually handled through the employer’s liability insurer rather than directly from the employer themselves. A solicitor can help you understand how the process works and what options may be available.

• Will my employer find out if I speak to a solicitor?

  If you decide to proceed with a claim, your employer will usually become aware because their insurer will need to be involved. However, simply speaking to a solicitor for advice does not mean you have started a claim. A free initial consultation allows you to understand your position before deciding whether you want to take any further steps.

• Can I be treated differently at work after making a claim?

  You should not be treated unfairly because you have made a genuine accident at work claim. Employees have the right to seek advice and pursue compensation where they believe they have been injured due to workplace circumstances. If you are worried about how your employer may respond, a solicitor can explain your rights and provide guidance.

• Is it worth making a claim if my employer has been supportive?

  Yes, an employer can be supportive after an accident while a claim may still be appropriate. A claim is not necessarily about blaming an individual or damaging a relationship. It is about addressing the consequences of an injury and ensuring you receive appropriate support for the impact it has had on your life.

• Do I have to make a claim immediately after my accident?

  No, you do not have to decide immediately. Many people need time to understand the extent of their injuries, consider their options and decide whether making a claim is the right step for them.

  However, it is important to be aware that accident at work claims are subject to time limits, so seeking advice sooner rather than later can help ensure you understand your position and that important information is preserved. A solicitor can explain how the time limits apply to your circumstances and guide you through the next steps if you decide to proceed.