If you’ve suffered an injury or illness at work, whether from a slip or an industrial disease, and it was caused by your employer’s negligence, you deserve to be compensated. However, many people worry that accepting a personal injury settlement might harm their chances of finding a job in the future. It’s a natural concern.
In most cases, though, a settlement agreement won’t stop you from continuing to work. That said, there are a few important things to consider, such as the terms of your agreement, any medical restrictions, and how future employers might view your claim.
In this guide, we explain how a personal injury settlement could affect your employment prospects, your rights when returning to work, and what happens if you face restrictions after a workplace injury. We’ll also cover what to do if you think an employer is treating you unfairly because of your past claim.
Can a personal injury settlement agreement stop you from working?
Can I work after a personal injury claim? It’s a completely reasonable question to ask. But you should know that a personal injury settlement agreement following a workplace injury won’t stop you from returning to work or applying for a new job.
That said, there are a few circumstances that could affect your future job options:
- Long-term injury implications: If your settlement recognises a permanent or long-term injury, it may limit the types of roles you’re able to take on in the future.
- Employment restrictions in the settlement: Some agreements may include clauses that prevent you from returning to the same employer. However, they cannot legally prevent you from working elsewhere.
- Medical clearance: If your injury was serious, you may need medical sign-off before returning to work, especially in physically demanding roles.
Returning to work after a personal injury claim
Many people successfully return to their previous jobs after receiving a personal injury settlement. However, this can depend on medical factors, your employer’s attitude, and whether reasonable adjustments are put in place.
Some employers will be supportive of your return, recognising your experience and value to the business. In some cases, they may offer adjustments such as modified duties, flexible hours, or changes to your workstation to accommodate any ongoing effects of your injury or illness.
Medical assessments and fitness to work
After an injury or illness, your employer may ask you to undergo an assessment to confirm you’re fit to return to work. This might be carried out by a doctor or another professional, such as an occupational therapist.
Following the assessment, you may be given temporary or permanent restrictions. For example, you might be advised not to lift heavy objects or stand for long periods.
If you’re no longer able to do your previous job, your employer should consider adjusting your duties. Where possible, they should also look at offering you an alternative role within the business.
What if your employer refuses to take you back?
In the UK, it may illegal for an employer to discriminate against you after you make a personal injury claim. If your employer refuses to reinstate you without a valid reason related to your ability to do the job, you may have grounds for a legal challenge.
Can an employer refuse to hire you because of a personal injury claim?
Getting a job after an accident at work shouldn’t be any harder than it was before, although employers are allowed to ask fair questions about your fitness to work.
In the UK, employers can’t legally refuse to hire you just because you’ve made a personal injury claim in the past. That said, some may have concerns about hiring someone with a history of injury or illness, especially for physically demanding roles.
What employers can and can’t ask in job interviews
A potential employer can ask about your ability to do the job you’re applying for, including whether you have any medical restrictions that might affect your work.
However, they shouldn’t ask intrusive questions about your medical history or the details of your settlement, unless it’s directly relevant to the role. Employers also can’t legally refuse to hire you just because you’ve received a personal injury settlement in the past.
What should you do if you experience discrimination in the application process?
If you believe a prospective employer has unfairly rejected you because of a past personal injury claim, you should consider taking the following steps:
- Keep a record of your job applications and any responses or rejections.
- Make notes on each interview, especially if you were asked questions related to your previous settlement.
- Ask for confirmation in writing if your application is rejected, including the reason why.
- Seek legal advice if you suspect discrimination, so you can understand your rights under UK employment and equality laws.
Will a settlement agreement affect workplace injury benefits in future jobs?
A personal injury settlement is final and won’t affect any future employment benefits you’re entitled to. However, it’s important to be aware of how pre-existing conditions might impact future injury claims.
The key points to know are:
- Your previous compensation doesn’t affect your right to sick pay, workplace benefits, or future injury claims.
- You can claim compensation for new injuries, but not for pre-existing conditions that were already covered by your settlement.
- If your injury limits the type of work you can do, you only need to disclose this if it’s relevant to workplace safety. For example, you might need to mention lifting restrictions in a physically demanding role.
Can you retrain or switch careers after a personal injury settlement?
If your illness or injury prevents you from returning to your previous job, or you simply want a fresh start, you may need to explore alternative career options. You can find resources to help support you in starting a new career, including support related to your compensation claim, such as:
- Vocational training funding: Some settlement agreements include provisions for retraining, depending on the nature of your injury.
- Additional compensation: If your settlement didn’t directly account for career changes, you may be able to seek further compensation for loss of future earnings or career progression.
- Government programmes: The UK government offers a range of employment support, including the Access to Work scheme which provides funding for retraining and workplace adjustments for people with physical or mental health conditions or disabilities.
How to explain a workplace injury settlement to a new employer
You should be aware that you’re not required to disclose a past personal injury claim to a prospective employer unless it directly affects your ability to do the job you’re applying for.
However, if you took time off work to recover and now have a gap on your CV, you may be asked about it. If that happens, here are some suggested ways to respond:
- If you made a full recovery: “I took time off from work to recover from an injury/illness but I’m now fully fit to work.”
- If you received a settlement: “I received compensation for a past injury/illness but have since recovered and am ready to return to work.”
- If you have ongoing limitations, be honest about any workplace support or adjustments you’ll need, but focus on what you can do rather than what you can’t.
How Injury Lawyers 4u can help you
Returning to work or getting a job after a settlement agreement isn’t an issue in most cases, but if you’re experiencing difficulties, we may be able to help.
At Injury Lawyers 4u, we have specialist expertise in workplace injury claims and post-settlement legal support. If your past claim is affecting your ability to return to work or find a new job, our expert legal team can offer clear advice and practical guidance. We work on a no-win, no-fee basis, so there’s no financial risk to you.
Contact us if:
- You’re struggling to return to work after a personal injury settlement.
- You’re being discriminated against by your employer due to a past claim.
- You believe a prospective employer has unfairly rejected you due to a past settlement.
- You need advice on your employment rights after receiving personal injury compensation.
- You’ve been injured or made ill at work and want to discuss making a claim (use our compensation calculator to see how much you could be entitled to).
Call us on 0333 400 4445 for a free, no obligation consultation or fill in a contact form and we’ll get back to you as soon as possible.