If you’ve suffered an accident at work that wasn’t your fault and are pursuing a personal injury claim, one of the hardest parts of the process can be returning to the workplace while the case is ongoing.
While going back to work in these circumstances can be daunting, it is important that you do so, provided you are fit and able. This is because you have a duty to mitigate your losses, which means you must take reasonable action to prevent the losses caused by your injury from getting worse. As a result, you’ll need to return to work as soon as you are well enough to do so. In some cases, this may mean being placed on lighter duties. If you fail to return to work when you are able to do so, the amount of compensation you are able to claim for your injury could be reduced.
Know your rights
It’s common for people to worry about how they will be treated when they return to work after starting a personal claim against their employer. Many are concerned that they will be treated differently or penalised as a result. While it is rare for this to happen, it’s important to remember that you are legally protected.
If your employer were to try to dismiss you as a result of your claim, you would most likely be able to claim for unfair dismissal. If you felt that your employer was treating you in such a way that you were forced to resign, you would have a case for claiming constructive dismissal.
In the vast majority of cases, such legal action is not necessary, as most people find they are treated no differently when returning to work after an injury. It’s important to remember that businesses are legally obliged to have an insurance policy in place that covers the cost of personal injury claims. This means your claim will not come out of your company’s profits. In most cases, the insurance company will deal with the claim on your employer’s behalf, meaning there will be no need for them to discuss the case with you when you go back to work.