Like most people, you may never have thought you’d have to take legal action against your employer. However, infringements and negligence does happen. The idea of suing your employer can be extremely daunting. There’s the obvious fear that you’ll be treated differently in the workplace, or even dismissed. However, if you know you’ve been wronged, you’ll probably end up feeling even worse if you stay silent! Here are some things to consider when claiming against your employer.
First of all, you need to make sure your rights have actually been violated. This can take quite a bit of legal research in some cases. Generally though, any breach of their duty of care gives you the right to seek compensation. Also by law, your employer can’t dismiss or discriminate anyone who’s brought a compensation claim against them. In a lot of cases, the employer is barely involved in the compensation process. They’ll fall back on workplace insurance, which is a requirement for any employer. The employer’s liability insurer will investigate the claim, and defend the company if necessary. With the size of the personal injury claims industry, you don’t need to worry about the way your action looks in the workplace. You do, however, have to understand your legal position.
Another thing you should consider is that the litigation around these claims is a long, complex affair. You’re going to have to do a lot of work yourself, seeking professional advice and paying lawyer’s fees. When it gets to court, you’re not going to step in, hear the judge bang his gavel and be done with it. The complications and stresses involved in workplace claims are extremely taxing to anyone involved. There’s a difference between you and your employer though. They’ve probably been through the whole process before! If the company you work for is fairly large, then your boss is probably no stranger to the courtroom. They’ll have planned for this in advance, and won’t crack easily.
The last thing you should know is that you may end up putting your private life on display. This isn’t a guaranteed risk, and varies from case to case. However, there have been many instances of people who have taken legal action against their employers. Then, they’ve ended up having to spill very personal details. Let’s say your lawyer suggests you include emotional distress in your claim, in order to get more compensation. You turn your head, and suddenly your company wants your medical and psychiatric records from the last ten years. You can see where this goes. Although you might ultimately get your money, you’re going to have a lot of people poking around in your personal history. This may strengthen your position, but can be extremely distressing for a lot of people. Take a step back and consider whether your claim is really worth it.
As you can see, employment law claims isn’t as simple as robbing the rich to give to the poor. However, if you’ve gone through serious hardship due to your employer’s negligence, it may be the best move.