If you were involved in an accident at work and you filed a successful personal injury claim against your employer, you may be wondering if having been awarded a lump sum in compensation it would affect your future entitlement to receive means tested state benefits that you currently get. The answer is that your income or housing support benefits may well be affected if you are awarded personal injury compensation, to find out more please read on.

In What Circumstances Can I File a Personal Injury Claim Against My Employer?

All employees are entitled to seek compensation for injuries or harm they were subjected to in the workplace whether the damage sustained in physical or psychological. However, your claim would need to meet specific criteria which is as follows:

• That the accident at work occurred in the last 3 years
• The incident and the injuries you sustained were caused through no fault of your own

However, it is worth noting that even if you were partly responsible for the accident at work, your employer may still be held liable for the injuries you sustained. As such, it is best to seek legal advice from a personal injury lawyer who would determine your employer’s level of responsible as well as your own.

How Is Personal Injury Compensation Calculated?

Personal injury claims are calculated in two parts, but the amount of compensation you may receive would be based on the extent of the injuries you sustained in the workplace. As such, the amount of personal injury compensation you may be awarded would be based on the following:

• How your injuries would impact your future life
• If your ability to work again is affected
• Future prognosis
• All the expenses and costs you incurred as a result of having sustained an injury in the workplace

Should you have been awarded a lump sum in a successful personal injury claim, you may find that it could affect your state benefits which not only includes the amount you may be able to claim, but also the benefits you may be entitled to receive.

How Would Personal Injury Compensation Affect My State Benefits?

When calculating “means assessed” state benefits, your income, savings as well as any assets you may own would be taken into account. This would determine whether you would be able to claim them. This is referred to as being your “capital”. The amount you are awarded in a personal injury claim would be added to your “capital” and if this exceeds the specific financial thresholds, it could affect the amount of state benefits you would be entitled to claim.

When assessing a person’s eligibility to claim state benefits, the first £6,000 of your “capital” is disregarded. Should the amount of compensation you are awarded be low and as such does not take you over the limit of £6,000, your eligibility would not be affected.

However, should you receive more in the way of personal injury compensation in a successful claim and as a result, it takes you over the £6,000 threshold, your state benefits would be reduced as follows:

• For every £250 over the £6,000 threshold, the amount you would be entitled to claim in state benefits would be reduced by £1 per week

Should your “capital” be over £16,000 you would not be able to claim state benefits which would be suspended until such time as your capital falls below £16,000. Once this happens, you would be entitled to make a new application to receive state benefits.

Are State Benefits I Receive as a Result of My Injuries Affected By Personal Injury Compensation?

If you were diagnosed as suffering from a work-related medical condition/disease and as a result you receive state benefits as a direct result, the amount you get could be deducted from the final personal injury settlement you receive. The money that is deducted would be paid by way of reimbursement to the government. Payments that would be included are as follows:

• The Diffuse Mesothelioma Scheme
• The Pneumoconiosis etc (Workers Compensation) Act 1979

What Benefits would be Affected if I Receive Accident at Work Compensation?

As previously mentioned, the means tested benefits you receive could be affected and reduced accordingly if you are awarded personal injury compensation and includes the following:

• Income Support
• Universal Credit
• Income-related Employment and Support Allowance
• Income-based Jobseeker’s Allowance
• Housing Benefit
• Council Tax Support
• Pension Credit

With this said, some benefits you may receive would not be affected by the fact you are awarded personal injury compensation for an injury sustained at work and this includes the following:

• Incapacity benefit
• Disability living allowance

Would Anything Else be Affected If I Am Awarded Accident at Work Compensation?

If you are awarded a lump sum in a successful accident at work claim, there are other things that may be affected and this includes the following:

• Your entitlement to receiving free prescriptions
• Your entitlement to free dental treatment
• Your entitlement to free eye tests
• Working Tax Credit
• Child Tax Credit

It is also worth noting that having been awarded a lump sum in compensation for an injury you sustained in the workplace, it could also have an impact on how much you are allowed to receive towards home care.

Who Gets Notified if I File a Personal Injury Claim?

When you file an accident at work claim to seek compensation for an injury you sustained, your employer’s insurance provider would inform the Department for Work and Pensions (DWP) and the insurer would also inform the DWP should you receive any interim payments until a final settlement is reached.

However, it is up to you to inform the benefits agency of any changes in your financial circumstances. Should you fail to let them know, you run the risk of being accused of fraud.

What Can I Do To Prevent Losing My State Benefits if I Receive Personal Injury Compensation?

If you are awarded a lump sum in a successful accident at work claim, the best course of action is to have a specialist solicitor set up a “personal injury trust” for you which would mitigate any risk that the amount you receive in compensation would affect any benefits you receive.

A personal injury trust is as follows:

• The trust is managed by 2 or more trustees and you have the option to be one of them
• The “trust account” is independent of your existing bank account
• Any money that is held in “trust” is held apart from any of your other assets
• You can only pay the amount of accident at work compensation you receive into the trust account which would be taxed like other savings you may have
• You are allowed to withdraw funds from the “trust” account, but it is important that any amounts you draw do not take you over the “savings” limit
• Any money that is held in your “trust” account is safeguarded from any care costs should you need residential or social care

Setting up a trust allows you to receive a lump sum in accident at work compensation straight away, but the amount must not take you over the capital limits. You can invest the rest. The money that you invest would not be factored into whether you would be eligible to receive state benefits. You are also allowed to withdraw a small amount from your trust every year should you need to cover certain expenses.

Should I Ask a Solicitor to Set up a Personal Injury Trust For Me?

If you think you may have to claim benefits in the future or you currently receive state benefits, the best course of action if you are going to receive a lump sum in accident at work compensation would be to ask an experience solicitor to set up a personal injury trust for you especially if the amount you receive is substantial. It is worth noting you can file an accident at work claim and be awarded compensation before deciding to set up a personal injury trust account.

Are There Any Other Benefits to Setting Up a Personal Injury Trust?

Another advantage of setting up a personal injury trust is that it would protect your accident at work compensation from a third party claiming any of it. An example being should you go through a divorce, the money that is held in your trust would be ring fenced and would therefore not be factored into a final divorce settlement

What is the 52 Week Period of Grace For Accident at Work Compensation?

Whether you receive a final personal injury compensation settlement or an interim payment, you would have 52 weeks’ grace before the lump sum you are awarded would be included in your benefits entitlement. This would allow you the time to set up a personal injury trust without the worry of a lump sum received in compensation affecting any means tested and other benefits you currently receive.

It is worth noting that should you spend any money that you receive in compensation within the 52 week period, your expenditure would come under scrutiny. You may find that you would be penalised if it is found that you spent the money quickly to reduce the risk of a lump sum negatively impacting the state benefits you receive.

Should you decide to spend your compensation after the 52 week period expires and you are still claiming benefits, it could be deemed to be a “deprivation of capital”. In short, a benefits agency may see your actions as a way of reducing your capital so that it falls within the benefits entitlement limit and that you did so deliberately. As such you may end up being penalised for your actions.

You must always be honest about your circumstances bearing in mind that government departments would be notified of the amount of compensation you may be awarded in a successful accident at work claim and this includes when you are in receipt of any interim payments.

What Can I Include in an Accident at Work Claim?

The way compensation is calculated in accident at work claims is as follows:

• General damages are awarded for the pain, suffering and loss amenities you suffered as a direct result of having been injured in the workplace through no fault of your own
• Special damages are awarded for all the out of pocket expenses and other costs incurred because you suffered a workplace injury

Should I Sue My Employer If I Am Injured in An Accident at Work?

Employers in the UK have a legal responsibility to keep you safe while you are in their employment. If an employer fails in their “duty” and you suffer an injury in an accident at work that occurred through no fault of your own, your employer could be deemed liable for the injuries you sustained. As such, you have the right to seek compensation for the pain, suffering and loss of amenity you had to endure by filing an accident at work claim.

Employers are required to have liability insurance in place which is a legal requirement. The policy covers accidents in the workplace that result in employees and other people being injured. The policy must be issued by a recognised liability insurance provider and it must meet the legal requirement of £5 million.

When you file an accident at work claim against your employer because you suffered an injury, it is the liability insurance provider who deals with your claim and who pays out the accident at work compensation you are awarded. It is also worth noting that 95% of personal injury claims are settled before they go to court with insurance providers choosing to settle claims before case go before a judge.

Is There a Time Limit to Making an Accident at Work Claim for Compensation?

You must abide by the strict 3 year time limit that applies to all personal injury claims for your case to be valid. With this said, there are exceptions which are detailed below:

• The time limit of 3 years begins from the day you are diagnosed as suffering from a work-related medical condition that can be linked to the accident you suffered
• Should you have sustained your injuries in the workplace before you were 18 years old, the 3 year time limit starts from the day you are 18 years of age

Do I Have Workers Rights Following an Accident at Work?

As previously mentioned, your worker’s rights are protected and this also applies should you be injured in an accident in the workplace. You have the “right” to the following:

• Seek compensation from your employer providing your claim meets specific criteria
• To file an accident at work claim without having to worry about losing your job or being treated badly

If your employer objects, you should contact an solicitor who specialises in employment law because you could be entitled to sue your employer for acting unlawfully.

What Are My Employer’s Responsibilities Towards Me in the Workplace?

Your employer must ensure that you are kept safe in the workplace which is a legal requirement that must be adhered to. Employers must follow and abide by all regulations, laws and legislation that is set in place by enforcing authorities and the Health and Safety Executive. Your employer’s responsibilities towards you are as follows:

• That you are provided with adequate and ongoing training so that you can safely carry out the jobs you are tasked to do in the workplace
• That all equipment, machinery and tools that you use are in good working order and correctly maintained to reduce the risk of you injuring or harming yourself while carrying out a job
• To carry out risk assessments on an ongoing basis to identify hazards you may encounter and to set in place reasonable measures to reduce the risk of you harming yourself
• To ensure you are given detailed working procedures before carrying out jobs
• To ensure that you are given the correct personal protective equipment (PPE) and that it is correctly stored, maintained and replaced when necessary

Are There Any Benefits to Working With a Solicitor on an Accident at Work Claim?

Working with a specialist accident at work lawyer when filing a personal injury claim against a negligent employer offers many advantages and benefits, some of which are listed below:

• You would be offered an initial consultation whether this is over the phone or in a meeting at the solicitor’s offices which is typically free of charge
• If a personal injury lawyer is happy that you have a strong claim against an employer who could be held liable for the injuries you sustained in the workplace, they would offer to represent you on a No Win No Fee basis. In short, you would not have to pay the solicitor any upfront fees or ongoing fees as your claim progresses
• An accident at work solicitor has access to legal libraries which can be referenced when representing your claim
• A solicitor would ensure that you are examined by a specialist consultant who would provide a detailed medical report on the injuries sustained at work. This report is crucial evidence that would form the basis of the compensation you would receive in a successful personal injury claim against your employer
• A specialist lawyer with years of experience in handling accident at work claims, would ensure that all pre-action protocols and personal injury time limits are respected
• A solicitor would ensure that you receive the correct level of compensation
• A solicitor has the necessary experience to ensure you receive interim payments
• A solicitor would arrange ongoing treatment should your injuries be severe and therefore you require long-term therapy

Can My Employer Fire Me For Filing a  Personal Injury Claim?

Worker’s rights are protected and this includes your right to claim compensation for injuries sustained in the workplace. As such, your employer cannot sack you, make you redundant, treat you detrimentally or unfairly because you file an accident at work claim against them. If your employer does act this way or tries to fire you, they would be acting unlawfully and you should contact a solicitor who specialises in employment law because you could sue your employer.

Would a Solicitor Work on a No Win No Fee Basis on My Accident at Work Claim?

Providing a solicitor is happy that your claim against an employer is valid and that you have a strong chance of winning personal injury compensation, they would agree to represent you without the need of asking for a retainer or upfront fee. There would no ongoing fees to find as your accident at work claim progresses either.

No Win No Fee agreements take away the need for you to find the funds to pay for legal representation and you would only have to pay the “success fee” that is laid out in the Conditional Fee Agreement when you are awarded accident at work compensation. The other thing to bear in mind is that the agreed percentage is taken from the amount you receive which in short means you would not have to find the funds to pay the success fee either which is just one of the benefits of having a solicitor work with you on an accident at work claim.

Informative Links

To find out more about how a lump sump received in personal injury compensation may affect your benefits entitlement, please follow the link below:

More about compensation and state benefits

If you would like to know more about setting up a personal injury trust, please click on the link below:

More about personal injury and other trusts

There are laws in the UK that protect you in the workplace if you are pregnant, breastfeeding or you have just given birth and are on maternity leave. If an employer treats you unfairly or detrimentally, under the Equality Act of 2010, you have the right to sue because they would be acting unlawfully. If you feel that you are being treated unfairly and that your employer does not abide by the 52 weeks leave you are entitled to when pregnant, you should contact a solicitor because their actions could constitute pregnancy and maternity discrimination in the workplace.

The Definition of Unfavourable Treatment In The Workplace

According to a formal report carried out by the Equalities and Human Rights Commission in 2015, it was found that every year 54,000 women were forced to resign from a job which constituted pregnancy discrimination and that 1 in 5 mothers were harassed in the workplace because they were expecting with 10% of mothers being discouraged from taking any time off for antenatal care.

The definition of being treatment unfavourably in the workplace because you are pregnant is explained below:

• Not being considered from promotion or included in any training programmes
• Working hours are reduced
• A decrease in pay
• Made redundant or fired claiming the grounds are pregnancy
• A failure to carry out necessary risk assessments of the working environment which could hold health and safety risks to pregnant women and unborn babies
• Being pressured to resign

Should your employer do any of the above, you should seek legal advice from a lawyer who would provide essential advice on how best to proceed with a pregnancy and maternity discrimination claim against your employer, bearing in mind that there is a strict 3 month minus 1 day time limit that must be adhered to.

What Are My Rights in the Workplace During My Pregnancy and Maternity?

Under UK law, any woman who is pregnant is protected from discrimination and this applies from the moment an employer is told of the pregnancy. It is automatically deemed to be unlawful discrimination should an employer choose to make you redundant because you are pregnant or because you take maternity leave. It is also unlawful for an employer to use any reason that is related to childbirth or pregnancy to fire you or make you redundant.

It is also worth noting that you are under no obligation to formally tell an employer that you are pregnant right up until 15 week’s before your baby is due. This is when you would have to give your employer due notice that you intend on taking the maternity leave you are entitled to. With this said, it is far better to inform your employer sooner rather later so that the necessary measures can be set in place to keep you safe from harm in the workplace during your pregnancy.

As soon as your employer is told of your pregnancy, you are protected by law from being treated detrimentally or unfairly in the workplace. It is during this “protected period” that you should always be entitled to the same benefits and facilities as all the other employees in the workplace who are on the same level as you are. Your “protected period” starts from the time your maternity leave commences right through to when it ends or when you return to work.

It is also worth noting that when you do return to work, you are entitled to do the job and hold the position you had prior to taking maternity leave. Should this not be possible, under the law, you must be offered an equivalent alternative should there be one available for which you should be automatically entitled to fill without the need to apply for it.

Should an employer fail to discuss the possibility of redundancy while you are taking maternity leave, it would be deemed that they actions constituted unlawful pregnancy and maternity discrimination. Other reasons that could constituted unlawful discrimination on the part of your employer includes the following:

• You are served with a notice of dismissal while you are pregnant without an official written explanation. If your employer fails to offer a “good reason” for your dismissal, it would automatically be deemed as being unlawful discrimination
• If you are off work because of a pregnancy related medical condition or illness, this cannot be considered as a reason for taking out disciplinary actions or redundancy

It is also worth noting that being pregnant entitles you to receive “reasonable paid” time-off when it comes to antenatal care and related medical appointments. It would be unlawful for your employer to insist that you schedule your antenatal appointments outside of your working hours but you should always give your employer fair warning of when your appointments are scheduled.

An employer cannot refuse to give you assignments or to reduce your workload because your are pregnant. It is also unlawful for an employer to assign you to carry out especially difficult tasks with an end goal being to get you to resign from your job.

If an employer treats you unfairly because you are pregnant or because you want to take maternity leave which you are legally entitled to take, you should contact a solicitor who specialises in pregnancy and maternity discrimination claims as soon as possible before doing anything else.

Your Employer’s Duty To Carry Out Risk Assessments When You Are Pregnant

The Equality Act also stipulates that your employer must carry out adequate risk assessments in working environments where employees include women who are of childbearing age with an end goal being to protect both your health and safety as well as that of your baby’s. This includes setting in place measures to avoid you having to do the following:

• Standing for long periods of time and that you can sit down when needed and/or take extra breaks when necessary

Should you not be able to take extra rest breaks, an employer must offer you alternative work which must respect existing employment terms and conditions. If this is not feasible, you are entitled to receive full pay during a suspension.

If you feel that your employer is failing in their duty towards you because you are pregnant, you should contact a lawyer and get legal advice who would provide you with essential legal advice on how best to proceed in filing a pregnancy and maternity discrimination claim against your employer.

What is Pregnancy and Maternity Discrimination in the Workplace?

Under the Equality Act 2010 s.18, an employer cannot discriminate against you if you are pregnant or because you choose to take maternity leave or have taken maternity leave. To prove that you have been discriminated against, you would not have to make a comparison with a male work colleague, instead you would have to prove that the way you were treated was directly linked to the fact you were pregnant.

Under the law, you are protected whether you are an employee, casual worker, agency worker, contractor or freelancer from the day you start working for an employer. You are also protected under the Equality Act from being dismissed or treated detrimentally on the grounds of being pregnant or because you take maternity leave which is covered under the following laws:

• Employment Rights Act 1996 s99
• Maternity and Parental Leave etc Regulations 1999 reg. 19)

However, this legal protection only applies to “employees” from the day they begin working for an employer. Some examples of being treated unfavourably or detrimentally in the workplace due to being pregnant or taking maternity leave are listed below:

• Being selected for redundancy because you are pregnant
• Being dismissed on the grounds of being pregnant
• Being refused training or promotion
• Reducing pay or working hours
• Being put under pressure to resign because you are pregnant
• A failure to carry out necessary risk assessments where health and safety is a concern

It is worth noting that the report carried out in 2015 by the Equalities and Human Rights Commission found that the main reasons for pregnant women being discriminated against in the workplace were as follows:

• Being denied a pay increase
• Being denied promotion
• Having to accept lower paid work
• Not having access to training
• Not being allowed to take time off for necessary ante-natal care

If you experienced any of the above in the workplace when you were pregnant or wanted to take maternity leave, you could have the right to file a pregnancy and maternity discrimination claim against your employer and you could be awarded compensation whether through a court or in an out of court settlement.

Case Study of Pregnancy and Maternity Discrimination in the Workplace

Miss H was offered an alternative to the job she was doing and was to work on a part-time basis. However, she found that the work was not suitable but her manager informed her that she had been chosen for redundancy because she should have been more flexible and that offering her a part-time position because she was pregnant was deemed to be the most suitable route to take.

Miss H took her case to a tribunal where it was found that her employer had not dismissed her unfairly because the correct procedure had been followed. However, the tribunal ruled that she had been discriminated against and she won her pregnancy and maternity discrimination claim against her employer.

If you believe you have a pregnancy and maternity discrimination claim against your employer because they threatened you with the sack, redundancy or because you were forced to take a reduction in pay or working hours and conditions, you should contact a lawyer who would offer essential advice on how to proceed in taking legal action out against your employer.

How to File a Pregnancy and Maternity Claim Against an Employer

For a pregnancy and maternity discrimination claim to be valid, you would have to prove that you were treated unfairly or detrimentally because you were pregnant and the same applies if your employer chooses to dismiss you. Providing evidence that your employer treated you unfairly for no other “good reason” than the fact you were pregnant is essential when filing a pregnancy and maternity discrimination claim against an employer.

If you believe that you have been treated unfairly because you are pregnant, the best thing to do is to seek legal advice. However, if possible, you should attempt to resolve the issue with an employer amicably. Should this fail, you should ask whether there is a “grievance procedure” that you could follow although this can also make it harder to resolve the problem without having the fear of losing your job.

Should your employer choose to fire you because you are pregnant even after attempting to resolve the issue in a friendly manner, there is a strict time limit to filing a discrimination and unfair dismissal claim against your employer which is 3 months less 1 day from the date you were fired from your job.

Should you wish to file a claim through an employment tribunal, the procedure that must be adhered to is as follows:

• You have to first contact ACAS Early Conciliation and this has to be done before the strict 3 month time limit ends. This could allow you to seek mediation or you may be able to reach an agreement with your employer before your pregnancy and maternity discrimination claim goes to before a tribunal

Should you be fired during your pregnancy or your maternity leave, you must be given reasons for your dismissal and this must be in writing. For an unfair dismissal claim to be valid, you must have worked for an employer for 12 months. However, if you started your job after 6 April 2012, you must have worked for the same employer for 2 years for an unfair dismissal claim to be valid.

However, you would have the right to file a discrimination and automatic unfair dismissal on the grounds of pregnancy and maternity leave from the first day you started working for an employer.

Should your employer refuse to pay you the Statutory Maternity Pay you are entitled to, you can contact the HMRC Statutory Payments Disputes Team where you would be able to claim the pay you are entitled to receive.

Should I Sue My Employer For Pregnancy and Maternity Discrimination?

You have the right to file a pregnancy and maternity discrimination claim against your employer because under the Equality Act, your employer would be acting illegally. You may also be entitled to file an unfair dismissal and detriment claim against your employer because of the way in which you were treated in the workplace. However, there is a strict 3 month less 1 day time limit and specific criteria that must be met for an unfair dismissal claim to be valid.

As such, it is best to seek legal advice from a lawyer who specialises in this type of claim to avoid falling foul of the strict time limit and the many legal pitfalls that could mean your case is deemed invalid.

Are There Any Benefits to Working With a Solicitor on a Pregnancy and Maternity Discrimination Claim?

Because pregnancy and maternity discrimination claims are complex, having the legal experience of a lawyer who specialises in this type of case, makes the whole process a lot easier to work through. The many benefits and advantages that a solicitor can provide include the following:

• You would be offered an initial, no obligation, free consultation which allows the solicitor to assess you claim against an employer and to determine whether your employer acted unlawfully towards you because you were pregnant or wanted to take maternity leave
• Once a solicitor determines you have a strong case against an employer who acted unlawfully, they would agree to represent you on a No Win No Fee basis which means you won’t have to pay them a retainer (upfront fee)
• The solicitor would begin investigating your claim by communicating directly with your employer and would follow all the necessary pre-action protocols
• Should the solicitor find that you have been unfairly dismissed, they would start legal proceedings against your employer as early as possible because of the strict 3 month time limit
• Lawyers have access to all the necessary legal libraries which can be referenced when representing you in a pregnancy and maternity discrimination claim
• The solicitor would ensure that you are kept appraised of the legal process and would endeavour to let you know how much compensation you may be awarded in a successful pregnancy and maternity discrimination claim
• A solicitor would ensure that you are awarded the level of pregnancy and maternity discrimination compensation you would be entitled to receive

Apart from all of the above, having a solicitor who specialises n this type of complex claim can take all the pressure of having to deal with the legal process off the table. It also means that you would be given crucial legal advice from the outset which would include what evidence would be required to prove your pregnancy and maternity discrimination claim against an employer.

Is There a Time Limit to Making a Pregnancy and Maternity Discrimination Claim Against an Employer?

There is a strict time limit to filing discrimination claims which must be adhered to. The statutory time limit associated with pregnancy and maternity discrimination claims is set at 3 months minus one day. Should you fail to file your claim before the time limit runs out, your case would not be valid. As such, because the time limit is so short, the best thing to do is to contact a solicitor who specialises in pregnancy and maternity discrimination claims as early as possible.

Informative Links

If you would like to learn more about the formal investigation carried out by the Equalities and Human Rights Commission in 2015, please click on the link below:

The Equalities and Human Rights Commission report on pregnancy and maternity discrimination in the workplace

To find out more information on Statutory Pay Disputes, please follow the link below:

More about Statutory Pay Disputes

If you would like more information on pregnancy and maternity discrimination in the workplace, please follow the link below:

More about pregnancy and discrimination discrimination in the workplace