Dismissal from making a claim

[belle1993]

Can anyone tell me is it possible to get sack from work if you put a claim in for an injury that happened at work?

Ds had an injury at work, he cut his finger quite badly and needed it operating on.

He's not put a claim in due to being told by some work friends that if he does then the company will go out of business due to health and safety.

He's now had a message from his boss saying he's heard he's going to put a claim in and they need to have a chat due to a customer complaint about him. (Which is minor)

Ds is now worried he's going to get dismissed due to his boss thinking he's out a claim in.

Any advice please?

A cut finger is not a reportable injury unless it results in the worker having to be off work for more than 7 days excluding the day of the accident. Even a fractured finger is not reportable.

The hospital advised him he'd need to be off at least 2 weeks. He went back after 7 days on light duties due to only receiving ssp

Hmm, the company I work for has always mitigated any claims by paying employees in full if they have sustained any work related injuries that could reasonably have been deemed to be our fault (plus held internal investigations to prevent similar occurences in the future)

They should have recorded the incident and reported to HSE as RIDDOR - it would come under amputation. It's for HSE to decide if it meets their criteria.

They should have insurance to cover the claim and won't "go out of business" unless they are extremely dodgy.

It's unlikely to be deemed entirely your son's fault unless he was doing something actively idiotic e.g. working whilst drunk, mucking around with the machine so he's likely to have a valid claim. All the more so if it was never recorded in the incident book and he never signed anything to say he had been trained in using the machine. If true neither of those things reflect well on the employer.

Legally they can't dismiss your son for making a claim unless it is spurious, which your son's clearly isn't.

I'd pursue it in your son's place, but it depends how up for the fight he is.

I think you need to establish the facts then you can see which way to proceed

I’ve never had to sign for training though it has been added to my records

If a company would be shut down for health and safety then the company needs to be shut down.

Ignoring the matter makes everyone responsible, a dangerous activity should be looked at and the risks mitigated.
This is the difference between losing a finger and not losing a finger, or losing a hand, an arm or dieing

There is often a lot more effort put into not being safe & moaning about ‘H&S gone mad’ than making a basic assessment and minimising risk

Things may have been reported without his knowledge

As he did not fill in the accident book himself (which is normal as treatment is more important than administration) someone ought to have done so. He should be checking what has been reporting and adding any relevant information if necessary

Companies don't always get shut down for health and safety.