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Starting a new job can involve learning unfamiliar tasks, equipment and workplace procedures. Unfortunately, this can also place new employees at greater risk of being injured.

If you are injured while still within your probationary period, you may worry that you have fewer rights than an established employee. However, being on probation does not prevent you from making a personal injury claim.

What is a probationary period?

A probationary period is a period at the beginning of someone’s employment during which the employer assesses their performance, skills and suitability for the role.

Although an employer may find it easier to end someone’s employment during probation, this does not remove the employee’s other legal rights.

Your employer’s health and safety responsibilities apply from the moment you begin work. A probationary employee is not entitled to a lower standard of workplace safety simply because they are new to the organisation.

Can I make a personal injury claim during probation?

Yes. You may be able to make a personal injury claim if:

• Your employer or another party owed you a duty of care
• That duty was breached
• The breach caused an accident
• You suffered an injury as a result

Employers must protect new members of staff

Employers must take reasonable steps to protect the health, safety and welfare of their employees. This includes employees who are undergoing induction, training or probation.

The Health and Safety Executive advises employers to provide workers with clear information, adequate training and appropriate supervision. It specifically identifies new recruits as workers who may have additional training needs.

Depending on the role and workplace, an employer may be expected to:

1. Carry out suitable risk assessments
2. Provide an appropriate workplace induction
3. Explain relevant hazards and safety procedures
4. Provide adequate training before allowing someone to undertake dangerous work
5. Supervise inexperienced employees
6. Supply suitable personal protective equipment
7. Maintain machinery, tools and workplace equipment
8. Ensure that employees understand emergency and accident-reporting procedures

An employer cannot assume that a new employee understands all risks, equipment or procedures that have never been properly explained to them.

What if I made a mistake because I was inexperienced?

Making a mistake does not necessarily prevent you from claiming compensation.

New employees may be unfamiliar with a workplace and may not recognise hazards that would be apparent to more experienced colleagues. Employers should take this into account when deciding what induction, training and supervision are required.

Your employer may argue that you were partly responsible for the accident. If you are found to have contributed to what happened, your compensation could be reduced to reflect your share of responsibility. This is known as contributory negligence.

To learn more, visit: Can I still claim if an accident was partly my fault?

Will I lose my job if I make a claim during probation?

It is understandable to feel concerned about your employment, particularly when you have not yet completed your probationary period.

In most cases, a workplace injury claim will be dealt with by the employer’s liability insurer. Employers are required to hold insurance covering compensation claims arising from injuries or illnesses suffered by employees through their work.

Employment law and personal injury law are separate areas. If your employer ends your employment or treats you unfairly after an accident, you should obtain advice from an employment solicitor.

Askews has both personal injury and employment law teams, allowing us to consider the different legal issues that may arise.

What should I do after an accident during probation?

Your health should be your first priority. Seek appropriate medical attention, even if the injury initially appears relatively minor.

Where possible, you should also:

• Report the accident to your manager or supervisor
• Ask for the incident to be entered in the workplace accident book
• Take photographs of the accident location and any relevant hazard
• Take photographs showing your injuries
• Retain copies of relevant messages, training records and workplace documents
• Keep payslips and evidence of any lost earnings
• Seek legal advice as soon as possible

What compensation could I receive?

Compensation is assessed according to the individual effect of the accident and injury.

A successful claim may include compensation for:

• Pain, suffering and loss of amenity
• Past and future loss of earnings
• Medical treatment and rehabilitation

How long do I have to make a claim?

You usually have three years from the date of the accident to start court proceedings. As probation typically lasts only a few months, you may prefer to wait until it ends before formally pursuing a claim.

However, evidence can become harder to obtain over time. You should report the accident, preserve any evidence and seek legal advice early.

Speaking to a solicitor does not commit you to starting a claim immediately.

You can learn more about the limitation period at: How long do I have to make a personal injury claim?

Speak with an accident at work solicitor in Middlesbrough or Redcar

If you were injured at work while completing your probationary period, Askews Solicitors can advise you on whether you may have grounds to make a claim.

Our personal injury team has extensive experience handling accident at work claims for employees throughout Middlesbrough, Redcar, Teesside and the wider North East.

Contact Us to make a free, strictly confidential and no-obligation enquiry.

Or visit Accident at Work Claims or Employment Claims to learn more about these respective services.

This content is for informational purposes and is not intended as legal advice.