Injury claim against employer, is it a bad idea?
Discussion
Late last year I suffered a small accident at work where a 25kg weight fell from around knee height and landed on the very top of my foot badly bruising it but not breaking it miraculously! ( the A&E doctor even joked I must have wolverine style Adamantium bones!)
At the time I was just happy it wasn't serious to require a cast and took a week off work to rest up as directed by the A&E doc. And that was how I left it, I had my work colleagues every now and then ask if I'd put a claim in for it but always passed them off with "I'm doing it later" but never did.
However. Since then I've still been having discomfort when carrying out certain duties in work and outside of it. I've not gone back to the doctors as I know they'll just fob me off with "soft tissue damage that can take up to 6 months to heal" being on the foot is an extra lengthy process as it doesn't get as much rest as other body parts.
Now I'm wondering if it is worth putting a claim in, I'm in a Union and a work colleague used them years and years ago to claim for a fall in work and has told me to do the same. I've also been told that before I came here the H&S department recommended use of safety boots for us as we can be expected to lift up to 50kg weights on a daily basis, but the bosses them said they wouldn't pay for them as they didn't agree with the H&S bods. (This may be documented, but can't guarantee it as it was a very long time ago)
I'm hesitant to make a complaint/claim as I fear somewhat of some backlash from my bosses for claiming against them, even though it's not directly against them, more against the company. I'm also unsure if it's just the seed that's been planted many times that I'm entitled to claim, so I may as well, right?
Part of me thinks I've left it too long now to start anything, something I'm guilty of more often than I care to admit, and have on occasions realised this when too late. I'm sitting in limbo over starting a claim and just leaving it, obviously weary of any backlash from the bosses and any possible affect it may have on colleagues.
Anyone care to offer advice/guidance/abuse? All accepted and considered.
Ta verymuchlike!
At the time I was just happy it wasn't serious to require a cast and took a week off work to rest up as directed by the A&E doc. And that was how I left it, I had my work colleagues every now and then ask if I'd put a claim in for it but always passed them off with "I'm doing it later" but never did.
However. Since then I've still been having discomfort when carrying out certain duties in work and outside of it. I've not gone back to the doctors as I know they'll just fob me off with "soft tissue damage that can take up to 6 months to heal" being on the foot is an extra lengthy process as it doesn't get as much rest as other body parts.
Now I'm wondering if it is worth putting a claim in, I'm in a Union and a work colleague used them years and years ago to claim for a fall in work and has told me to do the same. I've also been told that before I came here the H&S department recommended use of safety boots for us as we can be expected to lift up to 50kg weights on a daily basis, but the bosses them said they wouldn't pay for them as they didn't agree with the H&S bods. (This may be documented, but can't guarantee it as it was a very long time ago)
I'm hesitant to make a complaint/claim as I fear somewhat of some backlash from my bosses for claiming against them, even though it's not directly against them, more against the company. I'm also unsure if it's just the seed that's been planted many times that I'm entitled to claim, so I may as well, right?
Part of me thinks I've left it too long now to start anything, something I'm guilty of more often than I care to admit, and have on occasions realised this when too late. I'm sitting in limbo over starting a claim and just leaving it, obviously weary of any backlash from the bosses and any possible affect it may have on colleagues.
Anyone care to offer advice/guidance/abuse? All accepted and considered.
Ta verymuchlike!
RyanTank said:
Late last year I suffered a small accident at work where a 25kg weight fell from around knee height and landed on the very top of my foot badly bruising it but not breaking it miraculously! ( the A&E doctor even joked I must have wolverine style Adamantium bones!)
At the time I was just happy it wasn't serious to require a cast and took a week off work to rest up as directed by the A&E doc. And that was how I left it, I had my work colleagues every now and then ask if I'd put a claim in for it but always passed them off with "I'm doing it later" but never did.
However. Since then I've still been having discomfort when carrying out certain duties in work and outside of it. I've not gone back to the doctors as I know they'll just fob me off with "soft tissue damage that can take up to 6 months to heal" being on the foot is an extra lengthy process as it doesn't get as much rest as other body parts.
Now I'm wondering if it is worth putting a claim in, I'm in a Union and a work colleague used them years and years ago to claim for a fall in work and has told me to do the same. I've also been told that before I came here the H&S department recommended use of safety boots for us as we can be expected to lift up to 50kg weights on a daily basis, but the bosses them said they wouldn't pay for them as they didn't agree with the H&S bods. (This may be documented, but can't guarantee it as it was a very long time ago)
I'm hesitant to make a complaint/claim as I fear somewhat of some backlash from my bosses for claiming against them, even though it's not directly against them, more against the company. I'm also unsure if it's just the seed that's been planted many times that I'm entitled to claim, so I may as well, right?
Part of me thinks I've left it too long now to start anything, something I'm guilty of more often than I care to admit, and have on occasions realised this when too late. I'm sitting in limbo over starting a claim and just leaving it, obviously weary of any backlash from the bosses and any possible affect it may have on colleagues.
Anyone care to offer advice/guidance/abuse? All accepted and considered.
Ta verymuchlike!
So lets break this down...At the time I was just happy it wasn't serious to require a cast and took a week off work to rest up as directed by the A&E doc. And that was how I left it, I had my work colleagues every now and then ask if I'd put a claim in for it but always passed them off with "I'm doing it later" but never did.
However. Since then I've still been having discomfort when carrying out certain duties in work and outside of it. I've not gone back to the doctors as I know they'll just fob me off with "soft tissue damage that can take up to 6 months to heal" being on the foot is an extra lengthy process as it doesn't get as much rest as other body parts.
Now I'm wondering if it is worth putting a claim in, I'm in a Union and a work colleague used them years and years ago to claim for a fall in work and has told me to do the same. I've also been told that before I came here the H&S department recommended use of safety boots for us as we can be expected to lift up to 50kg weights on a daily basis, but the bosses them said they wouldn't pay for them as they didn't agree with the H&S bods. (This may be documented, but can't guarantee it as it was a very long time ago)
I'm hesitant to make a complaint/claim as I fear somewhat of some backlash from my bosses for claiming against them, even though it's not directly against them, more against the company. I'm also unsure if it's just the seed that's been planted many times that I'm entitled to claim, so I may as well, right?
Part of me thinks I've left it too long now to start anything, something I'm guilty of more often than I care to admit, and have on occasions realised this when too late. I'm sitting in limbo over starting a claim and just leaving it, obviously weary of any backlash from the bosses and any possible affect it may have on colleagues.
Anyone care to offer advice/guidance/abuse? All accepted and considered.
Ta verymuchlike!
H&S recommended that safety boots should be used, bosses said they wouldn't pay for them, doesnt mean you can't... So did you buy them? or are you working in trainers whilst lifting these heavy weights? Didn't buy them? so then you took the responsibility on yourself.
You didn't go back to the doctors by your own admission... huge mistake, you are not qualified to say what someone from the medical profession will say.
You have already had a week off work and presumably you have been paid, so what is the compensation for? Is it going to make your foot feel better because the money makes you forget it?
Are you actually paying for rehabilitation to make you get back to normal our of your own pocket, so want compensating for that?
Is the foot still hurting or is this a thought given to you by a work colleague stating you could get a few ££££ for this, so why haven't you?
If your foot is still hurting, you have to prove that the company have been negligent (you decided not to wear/buy the boots) and that you have taken due-diligence with regards to making sure you are on top of the medical side (you didn't as you know better than to see a GP)...
So remind me on why you think you would be worth getting compensation, when most of this is your own doing?
Not saying you won't, as they give them out like candy... Are you part of the l'areal generation, cause you certainly sound like it trying to get money out of them now when it happened a while ago (6 months or more maybe?)...
I await your justification.
(1) The limitation period for a personal injury claim is three years from the date of the injury.
(2) It is the responsibility of an employer to provide a safe system of work. This means that if the work involves risk of heavy objects falling on feet, protective boots should be mandatory. It is not the responsibility of an employee to make the workplace safe, although the employee should of course join in any safety procedures used at the workplace, wear safety equipment if required to do so and so on. An accident may involve an element of contributory fault if a worker takes a needless risk.
(3) Compensation can be paid for pain and inconvenience caused by an injury. Money is a blunt instrument, but it's all that's on offer.
(4) Ask your union for advice.
In the OP's shoes (ouch), I probably wouldn't claim unless badly injured, but I'm a "s
t happens, oh well" person, and the OP doesn't have to be unless he wants to be, and only he knows how much pain he is experiencing. One reason for claiming would be to educate the employer to revise its work procedures.
(2) It is the responsibility of an employer to provide a safe system of work. This means that if the work involves risk of heavy objects falling on feet, protective boots should be mandatory. It is not the responsibility of an employee to make the workplace safe, although the employee should of course join in any safety procedures used at the workplace, wear safety equipment if required to do so and so on. An accident may involve an element of contributory fault if a worker takes a needless risk.
(3) Compensation can be paid for pain and inconvenience caused by an injury. Money is a blunt instrument, but it's all that's on offer.
(4) Ask your union for advice.
In the OP's shoes (ouch), I probably wouldn't claim unless badly injured, but I'm a "s
t happens, oh well" person, and the OP doesn't have to be unless he wants to be, and only he knows how much pain he is experiencing. One reason for claiming would be to educate the employer to revise its work procedures.I add that most employers in such a situation would expect a claim and would not take reprisals against the employee. The employer is insured against claims of this kind.
If the employer were to treat the employee unfairly because he or she had made a claim, the employee would have legal remedies for that, possibly up to and including a claim for constructive dismissal, but that ought to be a last resort.
If the employer were to treat the employee unfairly because he or she had made a claim, the employee would have legal remedies for that, possibly up to and including a claim for constructive dismissal, but that ought to be a last resort.
Edited by anonymous-user on Tuesday 1st March 08:55
^^^
ignore the above post.(eta dupoint1.8 and not bv
)
you're in a union, speak to your rep.
your co. has a duty of care and must provide the correct PPE for the task it places on you , if the co' has failed to do this (your post suggests it has) then of course you have a claim which may well be successful.
good luck
ignore the above post.(eta dupoint1.8 and not bv
)you're in a union, speak to your rep.
your co. has a duty of care and must provide the correct PPE for the task it places on you , if the co' has failed to do this (your post suggests it has) then of course you have a claim which may well be successful.
good luck
dingg said:
^^^
ignore the above post.(eta dupoint1.8 and not bv)
you're in a union, speak to your rep.
your co. has a duty of care and must provide the correct PPE for the task it places on you , if the co' has failed to do this (your post suggests it has) then of course you have a claim which may well be successful.
good luck
Im not saying he can't do it or won't get a pay out... Of course I know OP will get it.ignore the above post.(eta dupoint1.8 and not bv
)you're in a union, speak to your rep.
your co. has a duty of care and must provide the correct PPE for the task it places on you , if the co' has failed to do this (your post suggests it has) then of course you have a claim which may well be successful.
good luck
Im asking why the OP didn't do due diligence, since OP got hurt in a completely avoidable action (buying their own boots) but is blaming the employer... is complaining about pain later but never goes to the doctor for a check up.
Im of the category of if you don't take all actions to avoid risk and then get hurt, I have no one to blame but myself.
To use the excuse of... they refused to pay so I risked my feet, then I thought the doc would say soft tissue damage so I didn't go, is stupid. For all the OP could know they have caused damage to their foot elsewhere and the fact they have ignored it could cause long term damage... all through their own doing.
Devils advocate and all that.
Du1point8 said:
dingg said:
^^^
ignore the above post.(eta dupoint1.8 and not bv)
you're in a union, speak to your rep.
your co. has a duty of care and must provide the correct PPE for the task it places on you , if the co' has failed to do this (your post suggests it has) then of course you have a claim which may well be successful.
good luck
Im not saying he can't do it or won't get a pay out... Of course I know OP will get it.ignore the above post.(eta dupoint1.8 and not bv
)you're in a union, speak to your rep.
your co. has a duty of care and must provide the correct PPE for the task it places on you , if the co' has failed to do this (your post suggests it has) then of course you have a claim which may well be successful.
good luck
Im asking why the OP didn't do due diligence, since OP got hurt in a completely avoidable action (buying their own boots) but is blaming the employer... is complaining about pain later but never goes to the doctor for a check up.
Im of the category of if you don't take all actions to avoid risk and then get hurt, I have no one to blame but myself.
To use the excuse of... they refused to pay so I risked my feet, then I thought the doc would say soft tissue damage so I didn't go, is stupid. For all the OP could know they have caused damage to their foot elsewhere and the fact they have ignored it could cause long term damage... all through their own doing.
Devils advocate and all that.
Du1point8 said:
Im not saying he can't do it or won't get a pay out... Of course I know OP will get it.
Im asking why the OP didn't do due diligence, since OP got hurt in a completely avoidable action (buying their own boots) but is blaming the employer... is complaining about pain later but never goes to the doctor for a check up.
Im of the category of if you don't take all actions to avoid risk and then get hurt, I have no one to blame but myself.
To use the excuse of... they refused to pay so I risked my feet, then I thought the doc would say soft tissue damage so I didn't go, is stupid. For all the OP could know they have caused damage to their foot elsewhere and the fact they have ignored it could cause long term damage... all through their own doing.
Devils advocate and all that.
Dear God, please tell me you don't hold a position of responsibility within a company....?Im asking why the OP didn't do due diligence, since OP got hurt in a completely avoidable action (buying their own boots) but is blaming the employer... is complaining about pain later but never goes to the doctor for a check up.
Im of the category of if you don't take all actions to avoid risk and then get hurt, I have no one to blame but myself.
To use the excuse of... they refused to pay so I risked my feet, then I thought the doc would say soft tissue damage so I didn't go, is stupid. For all the OP could know they have caused damage to their foot elsewhere and the fact they have ignored it could cause long term damage... all through their own doing.
Devils advocate and all that.
Whilst I understand what you are saying, you're wrong and completely out of the loop with regards to H&S.
If PPE is required, the employer are responsible for supplying and enforcing its use; not the employee. If somebody from H&S has told the company that safety boots should be used, then the company has f
ked up by not rolling it out. I'm 100% sure that if the OP put in a claim, they would fold. Assuming what the OP has said is factual and can be proved, if it went to court then it could end badly for the employer.Funnily enough; as I'm typing this one of our H&S guys has just been in to ask my if I require any safety boots and to let me know that their use is now mandatory in the factory (we had walkways previously).
Any, OP. You can claim and you would probably 'win'. As BV has said, you are legally protect from any acts of retaliation; that said, employers have ways of making people's lives very difficult without doing anything 'wrong' per say. If you do decide to claim, make sure you have options in case you need to leave.
Du1point8 said:
Im asking why the OP didn't do due diligence, since OP got hurt in a completely avoidable action (buying their own boots) but is blaming the employer... is complaining about pain later but never goes to the doctor for a check up.
What a daft notion. An employee is entitled to expect that his or her employer will have set up a safe system of working. The employee has no obligation to do "due diligence". If the job calls for safety equipment, the employer should mandate that equipment and, depending on what it is, provide it. Should an employee working at an unfenced machine construct his on fence? If an employee goes to work at a steel foundry, must he bring his own helmet and flameproof suit?The OP saw an A and E doctor. Later he started to experience pain. He should go to a doctor now.
Another post where op is acting like a 'serf' not an employee.
Firstly OP should have acquired boots, if the workplace didn't supply them, then if you think you should wear them you should have worn them. But of course PPE should have been supplied...
Perhaps your case could be used by the union in order to force the company to supply ppe.
And yes you should put in an injury claim, but first see your doctor about the pain your getting, you might need to see a physio or something could have easily been missed by the A&E doc.
You shouldn't see reprisals for taking reasonable steps in trying to fix the issue, especially if you do it in a manner that is seen to be for the benefit of the company ie reducing the risk of further litigation. If you do just push back using the union.
Firstly OP should have acquired boots, if the workplace didn't supply them, then if you think you should wear them you should have worn them. But of course PPE should have been supplied...
Perhaps your case could be used by the union in order to force the company to supply ppe.
And yes you should put in an injury claim, but first see your doctor about the pain your getting, you might need to see a physio or something could have easily been missed by the A&E doc.
You shouldn't see reprisals for taking reasonable steps in trying to fix the issue, especially if you do it in a manner that is seen to be for the benefit of the company ie reducing the risk of further litigation. If you do just push back using the union.
Du1point8 said:
If your foot is still hurting, you have to prove that the company have been negligent
I'm not sure that's true at all when it comes to employer's liability. I think if the employee hasn't been negligent in causing the accident, then the employer is responsible, even though the employer may have done no wrong. It may have been a freak accident, or the fault of another employee disregarding rules laid down by the employer. But under employer's liability, the employer does not need to have been negligent, so long as the injured employee wasn't, as there is strict liability and vicarious liability.Having an accident at work is not like having a car accident. If a tile blows off the roof of a factory in high winds and hits a passer by, it's tough luck on the passer by. If it hits an employee working in the yard, then they can claim.
I'm happy to be corrected by someone with an actual clue what they are talking about, like BV72
TwigtheWonderkid said:
I'm not sure that's true at all when it comes to employer's liability. I think if the employee hasn't been negligent in causing the accident, then the employer is responsible, even though the employer may have done no wrong. It may have been a freak accident, or the fault of another employee disregarding rules laid down by the employer. But under employer's liability, the employer does not need to have been negligent, so long as the injured employee wasn't, as there is strict liability and vicarious liability.
Having an accident at work is not like having a car accident. If a tile blows off the roof of a factory in high winds and hits a passer by, it's tough luck on the passer by. If it hits an employee working in the yard, then they can claim.
I'm happy to be corrected by someone with an actual clue what they are talking about, like BV72
I believe this changed in 2013 (Enterprise Act), but if the reference to safety boots is correct, the OP should have a decent claim. Having an accident at work is not like having a car accident. If a tile blows off the roof of a factory in high winds and hits a passer by, it's tough luck on the passer by. If it hits an employee working in the yard, then they can claim.
I'm happy to be corrected by someone with an actual clue what they are talking about, like BV72
OP, you should seek further medical attention ASAP and see if your GP can provide advice to help your recovery (or refer you elsewhere, if appropriate). The obvious benefit here being to your immediate/long-term health, but also in line with your duty to do all that you can to minimise your losses (i.e. aid your recovery) should you bring a claim.
OP has watertight case for negligence on the part of his employer.
The provision of suitable PPE is an absolute duty upon the employer and it must be at no cost to the employee.
If the OP is lifting and carrying heavy weights the need for safety footwear would be a given.
Employees providing their own PPE is not a good idea as there is no guarantee it will be of the correct standard or be properly maintained.
The provision of suitable PPE is an absolute duty upon the employer and it must be at no cost to the employee.
If the OP is lifting and carrying heavy weights the need for safety footwear would be a given.
Employees providing their own PPE is not a good idea as there is no guarantee it will be of the correct standard or be properly maintained.
Cudd Wudd said:
I believe this changed in 2013 (Enterprise Act),
Yes, you're right, just googled it. Vicarious liability still applies though I think. If an employee is injured by a fellow employee's stupidity, the employer is liable. The employer's insurers can try and recover their outlay from the stupid employee, after the injured employee has been paid out. Gassing Station | Jobs & Employment Matters | Top of Page | What's New | My Stuff