Will a Personal Injury Claim Affect My Job in Scotland?

4 min read · Updated July 2026

A common concern for people injured at work is whether making a claim could put their job at risk. This is an understandable worry, but your rights as an employee are protected by law.

Your Right to Claim

Making a personal injury claim for a workplace accident is your legal right. If your employer dismisses you or treats you less favourably because you have made a personal injury claim, you may have a separate claim for unfair dismissal or detriment under employment law.

Your Employer’s Insurance

All employers in the United Kingdom are legally required to hold employers’ liability insurance. This means that when a personal injury claim is made against an employer, the claim is handled by the insurer — not the employer’s own funds. The financial impact on your employer is generally absorbed by their insurer.

Will My Colleagues Know?

Personal injury claims are private legal matters. There is no obligation on anyone to tell your colleagues you have made a claim.

Returning to Work During a Claim

Making a claim does not prevent you from returning to work when you are medically fit to do so. In fact, a prompt return to work (perhaps on reduced hours or modified duties initially) can sometimes be beneficial for your wellbeing and recovery.

What if I No Longer Work There?

You can still make a claim against a former employer. The claim is made against their historical employers’ liability insurer, even if the company has since ceased trading.

Seek Independent Advice

If you have specific concerns about the impact of a claim on your employment, your solicitor can advise you on both the personal injury aspect and your employment rights. Our partner solicitors offer a free initial assessment with no obligation.