What if I injure my back and lose my job?

You may be able to take legal action against your employer. Your employer has a legal duty under the The Health and Safety at Work Act (HASAWA) 1974 to provide you with safe working conditions, and a common law duty of care towards you.

Your legal rights depend on how long you worked for your employer before the date of dismissal, and how serious your back injury is:

• If you worked for less than a year, then you cannot claim unfair dismissal, except in certain specific circumstances, such as if you are sacked for being pregnant.
• If you have worked for more than a year and your employer dismisses you for no good reason, or without following proper procedures, then you may have a case. You can find out more about unfair and wrongful dismissal in the employment rights section of workSMART.
• In some circumstances people have won cases for constructive dismissal when they have walked out of a job because their employer has not ensured their health and safety, but this should always be a last resort as constructive dismissal can be hard to win.
• . But you can make a personal injury claim for damages, covering pain and suffering and loss of earnings. For advice, click here.
• Regardless of how long you worked for your employer, if you suffer serious injury, then you may also be able to make a claim under the Disability Discrimination Act (DDA). The DDA prohibits unlawful discrimination against a disabled person in employment. Depending on the severity of your injury, your employer may have had a duty to make 'reasonable adjustments' to allow you to continue working, or return to work in alternative duties. There is more about this in the employment rights section of workSMART.