Your rights after an injury at work and how to claim compensation

Workers researching their rights after being injured at work

In any accident at work or job that’s causing an illness, whether physical or psychological, an employee can be torn between a responsibility to their employer and to themselves. If you’re thinking about claiming personal injury compensation, it’s hard to know where to turn and how to approach things in the right way so that all parties are happy to get a claim resolved. Knowing your legal rights, where you and your employer stand, will help you both to see everything more clearly and avoid misunderstandings.

Table of contents

Employer pressure – threats are against the law

A very common worry for people is how making a claim will affect their job. This fear can be played upon, and we understand that you may be placed under pressure by your employer NOT to pursue a claim for personal injury compensation.

Employers that are liable on grounds of negligence for accidents at work and injuries sustained in the workplace have no right whatsoever to prevent an employee from pursuing a claim. Indeed, it is illegal to imply redundancy or the sack will follow if a claim is made, whether by threats or other pressure, and any employer doing so could face additional legal action on that as well.

I was injured at work, what are my rights?

You have the same legal rights whether you have been injured in an accident at work, are regularly getting hurt at work (with a repetitive strain injury such as carpal tunnel syndrome, for example), or are suffering from a work-related illness. It is important for you to understand your rights so that you can confidently manage your recovery and working future. Below is a basic plan of action you should try to follow:

Medical treatment

Most workplaces will have a designated first aid officer in the event of an injury. You should see this person but also make sure that you either visit your GP or local A&E department. Similarly, for an illness you should first visit your GP. If an employer attempts to prevent you from seeking medical attention, they are in breach of the law and acting completely improperly.

Record the details

In the case of accident in which you’re injured, you should record the details within your employer’s accident book. If you’re suffering from a work-related illness, ensure your employer has written notification of this. Make sure you state the details and that you do not sign any record that does not match your version of the events. If you haven’t done this already, don’t worry, we can help you to do so.

Take time to recover

As any doctor will inform you, most injuries require some rest. Therefore, taking time away from the workplace to aid your recovery will not only benefit you by reducing the length of time that you are injured, but also benefit your employer by enabling you to return to full duties at the earliest opportunity. If your employer is pressuring you to return to work, with threats of redundancy if you do not, you should seek legal advice regarding this issue. An unfit employee is a dangerous employee and not only will you be risking your own health by rushing back to work, but you could also be risking the health of your colleagues.

Seek light duties

Removing you for a time from the situation causing the problem can often help. This would apply to psychological injuries, such as stress, as well as physical injuries. If your usual work involves aspects of hard physical labour such as heavy lifting, carrying, climbing or standing for long periods, your employer is duty bound to accommodate you (where possible) in returning to work on lighter duties whilst you complete your recovery. It could be that you usually work in a heavy lifting capacity but that your injuries will prevent you from doing that for sometime. Therefore, if your employer can accommodate you within an office for a few weeks on lighter duties, you can return to work and continue to earn your usual salary.

Confirm your sick pay

Not all employees will receive full pay if on sick leave from work. This depends on the contract you have with your employer. However, all employees are entitled to Statutory Sick Pay (SSP) if they do not get full sickness pay. Although SSP is far from a living wage, it could be enough to help you get by. Make sure that your employer has registered you for SSP. If you are unsure, you should contact your local benefits office.

Attend medical appointments

If you are back at work but still receiving outpatient treatments for your injuries, such as physiotherapy or check-ups with a consultant, your employer MUST release you to attend the same.

Claim compensation

It is your right to seek compensation for your pain and discomfort, and also to recover losses (such as lost income) should you be out of pocket. Your employer cannot sack you for doing so or make your working life ‘hell’ upon your return. If you find that an employer makes your life difficult after you pursue a claim, you could have grounds for legal action against them, possibly even constructive dismissal. In such circumstances, you should seek advice from a solicitor or your local citizens advice bureau.

You can make a personal injury claim if you suffer an injury or illness at work that is a result of your employer’s negligence. They have a legal responsibility to ensure a safe and secure working environment for staff and prevent foreseeable injuries, both physical and psychological.

A successful personal injury claim will ultimately see a claimant recover a settlement for their injuries, ongoing treatment and also for their special damages, which covers financial losses such as missed salaries.

Find out if you can claim compensation

Just because you have been injured at work, it doesn’t necessarily mean that you will be entitled to make a claim for personal injury compensation. Your employer must be at fault. In most cases, it is relatively easy for us to evaluate the likely outcome of a claim. We’ll work out if it can be proven your employer was liable for your accident, and therefore responsible for compensating you for your injuries and any other losses that you may incur.

Every accident has it’s own unique circumstances, and no two are the same. Therefore, it is vital you seek proper advice so that you know whether or not you have a viable claim. However, there are some basic pointers that can help you identify where you stand regarding the strength of a claim or otherwise.

Employer responsibilities

  1. Did your employer ever give you any training? (this could relate to manual handling training, specific training to use certain machinery or other job relevant training). If the answer is no, your employer has breached health and safety guidance already.
  2. Were you given an induction to the workplace? This would include guidance on accident management protocols, safety exits, hazard avoidance etc.
  3. Were you provided with, or advised what personal safety and protective equipment you should have to complete your job safely?  If the answer is no, your employer could be liable for your injury.
  4. Did your employer adequately maintain equipment and service machines? Did they ensure that safety guards and mechanisms worked?
  5. Were you advised how to report accidents and how to access the accident book?
  6. Did the employer ensure correct staffing levels and an adequate amount of first aid trained staff?
  7. Did your employer act upon reports of potential risks of danger to employees?

There could be many more ways in which an employer would be liable. If you’re wondering about your situation, feel free to leave a question at the bottom of this article or fill out the claims enquiry form on this page. For more information on what’s involved in making a claim against your employer, read our guide to claiming accident at work compensation.

Clearly, the decision as to whether or not to pursue a claim rests with the injured employee. If the injuries are minor, will cause no long-term problems, and the employee can still work and therefore not lose wages after an accident at work, they may well decide that they do not wish to pursue a claim for compensation. However, where the injuries are more serious and an inability to work follows, making a claim for compensation really is the only option, and a right, for most people.

Filed under Work Accidents

209 questions   ASK YOUR OWN

  1. I hurt my leg in work about 6 month’s ago turning one of my service users, am still in alot of pain with it now. But I didn’t report it to work at the time didn’t want to upset anyone or lose my job. Am struggling in my job now with this injury and been in and out the doctor’s ever since. Any advice please. Also they did no it was a struggle to turn service user, which now it take’s 3 of us.

    1. The lack of an accident book entry may cause some issue in your claim, but it does not prevent you from pursuing a claim for accident at work compensation. I would imagine that given the repeated visits to your GP, your employer is aware of an injury and I would expect that you have discussed your pain with colleagues, so there could be a way of demonstrating that the employer was on notice of the injury there.

  2. Myself and wife have a claim being brought against her employer as an injury happened whilst at work moving some equipment around. The employers insurers are denying breach of duty, but the buildings and furniture (equipment etc) had not been risk assessed. In actual fact they did these 3 weeks after her injury. What does denying breach of duty actually mean?

    1. When claiming personal injury compensation, the claimant must establish that somebody else was at fault if they are to succeed with their claim. Fault, or liability will be demonstrated when it is established that the defendant has been negligent, either with regards to their actions of by a breach of duty in law. It is this that is known as breach of statutory duty.

      To successfully defend a claim, the defendant is obliged under common law of negligence to be able to prove that they have done as much as possible to ensure that all has been done (as far as is reasonably practicable) to identify risks of injury and do as much as possible to reduce the risk of injury. Such steps would be to ensure that all staff are properly trained, that protective equipment is available and that maintenance inspections are regularly carried out.

      In cases of claims for personal injury compensation as a result of an accident at work, the fact that an injury has been sustained may not be sufficient to enable you to recover personal injury compensation as a breach of duty must be demonstrated.

      In certain matters, the law will require specific duties that must be met and these are commonly labelled ‘statutory duties’. When this is relevant, the law will identify what action will ensure compliance with the statutory duty in question. When a defendant has failed to carry out the imposed legal duties and an injury is sustained as a result, there is a strong likelihood that a claim for personal injury compensation will succeed.

      1. Thank you for a speedy reply, so if the defendant has neglected to provide staff with correct manual handling training and equipment and building not risk assessed at all; and said back injury occurs would constitute negligence in duty?

        1. If the employer has failed to provide manual handling training to their employees, there is a clear argument to be made to say that they have failed to uphold their responsibilities towards the health and safety of their staff, should any staff sustain injuries as a result of lifting and moving items.

          The lack of manual handling training and risk assessments indicates employer negligence, but this does not in and of itself guarantee that a claim for accident at work compensation will succeed, but does certainly add strength to the claimants.

  3. I fell down some metal fire exits stairs and hurt my back , as cleaners we have to carry heavy bedding loads up 3 flights of metal stairs which we end up doing about 3 cages of bedding to be carried up 3 flights of metal stairs , I fell down the stairs and hurt my back , who is at fault ?

    1. We have a very similar accident at work claim under process at this moment in time, with the case resting on whether the requirement to carry heavy bags of linen up the stairs prevents workers from working safely.

      If you are being expected to carry items up 3 flights of stairs, it is important that you can see clearly when you are carrying the items. Further, steps are a known and foreseeable hazard so there is a case for holding the employer liable in this incident. Of course, they may have a sound defence in that there may not be an alternative route available or method (lift) to get the linen to the upper floors. However, they may well not have adequately risk assessed the stairs or made you adequately aware of the risks.

      We would be keen to look further in to this case for you with a view to helping you claim accident at work compensation. Please email your contact details to me and I will call you to discuss further.

  4. i worked in a school kitchen in march i slipped on some food my shoulder and lower back hurt but carried on doing my job next morning i woke in pain went to the doctors was signed off sick after having xray and scans and mri it turned out i had tore the ligaments in my shoulder hence getting frozen shoulder also . i have had a operation and now recovering which the hospital doctor and physio have said it can take 3-6 month to recover. The health and safety have said it was just one of those things and that no one is too blame I lost my job as work have said they are unable to keep my job open for me .. What can i claim

    1. In theory, you can claim compensation against your employers insurance for the injury you have sustained and the losses you have incurred (loss of income etc) as a result. The accident at work that you have described is a slipping accident and we know from experience, that the injuries sustained in such accidents at work can be very painful and lead to long term recovery periods.

      With regards to making a claim against your employer, you would be able to succeed with a claim if it can be demonstrated that the employer did not have an adequate cleaning regime in place and that hazards are left on the floor for long periods. Given that it is a busy working kitchen, it is foreseeable that items will be dropped or spilled on the floor and as such, the employer should be making staff aware of the risks of any hazards or spillages by way of regular checks. If they have not done that and an item of food has been dropped on the floor and left and you then step on it and fall as a result, you would have grounds to pursue a claim with reasonable prospects of succeeding. If however, the item of food that you slipped on had only just been dropped on to the floor, it will be difficult to succeed with a claim against your employer as the courts would find that there was no way that they could have placed any warning out or removed the hazard before you stepped on to it.

      Given the extent of your injury and the fact that your accident at work has cost you your job, I think that it is wise that we present details of your accident to one of our specialist Solicitors as they may well wish to pursue this for you.

      Please either call us on 01225430285 or email your contact details to me at [email protected] and we can then have a more detailed discussion about your injury and the accident and then ascertain whether or not you have a viable claim for accident at work compensation.

  5. Good day
    I had an accident at work when I moved a heavy table. It was around 6 months ago. The table slipped out of my hand and landed on my foot, causing me injury.

    I went to the Doctor the day after the accident where x-rays were taken and I was then signed off work for one week because of the injury. My employer did not fill in an accident book.

    My foot injury is now causing me considerable pain and discomfort and as I work in retail, I am on my foot all day.

    Please can you tell me what I must do.

    1. If your employer has failed to provide you with manual handling training so that you know how to lift and move items safely, or failed to provide you with gloves or other suitable lifting equipment, you may well be able to hold them liable for the injuries you have sustained.

      As they have not made a record in an accident book, you should put the details of the incident and injury in writing and send it to the HR department with a formal request that they note the details of your accident at work.

  6. My mother works in the fields picking raspberries. You walk all day long on rough ground (over turned rocky dirt). She has tripped and fell twice. The first time she told the foreman wich according to my mother didn’t bother even to ask her if she was o.k or even write up an accident report. The second time she fell she said that she didn’t even bother to tell him because according to her nothing was done the first time. Well, last Friday she tripped again. This time was bad. After a few co-workers helped up she went and reported the fall. According to my mother, she was asked if she wanted to go home. She asked them to write up an accident report because this time her arm, back and head were hurting. She continued working however she could until the shift was over. This happened on Friday. She doesn’t work on Saturday because sh takes care of my sick sister. Sunday she called me saying that she was in pain was going to call her job and tell them that she was unable to work because of the fall on Friday. She was told that the HR person was not there and that she would receive a call back wich didn’t happen. Today is Tuesday, i will be taking her to the ER because she is hurting bad. What should she do?

    1. Your Mother needs to make sure that the employer has made a record of her injury at work. It is important for employers to keep records of injuries at work and workplace accidents so that they can monitor their actions and minimise the risk of a repeat of any such accident.

      In the UK, workers who are unhappy with their employers approach to health and safety at work can report the employer to the Health & Safety executive if they feel that the employer is failing to uphold their responsibilities with the correct reporting of accidents and employer safety.

      You have asked a good question on this issue. Our article about employer responsibilities regarding injuries at work will give you further information and advice on this subject.

  7. Hi I climbed a pallet at work about 5ft high I fell off and fractured my hip. I understand this was my fault however we are under immense amounts of pressure at the supermarket I work for to hit targets . Do you think I have the right to claim ?

    1. Steven

      You may have some grounds to pursue a claim for compensation against your employer here, but it is likely that you would have to accept some form of contributory negligence.

      If your employer has provided you with the correct equipment to get items that are at height (such as a step ladder or kick stool) and trained you to use the same, you may struggle to hold them liable for your injuries. However, if the employer is placing staff under intense pressure to work at speed and hit targets at any cost and it is therefore not possible to work safely, you may succeed with a claim for compensation.

      Given the severity of your injury, it is certainly worthwhile for us to look in to this further for you. I would like to speak with you as there could well be a viable claim for accident at work compensation here. Please email your contact number to me – [email protected] so that I can call you for a quick chat about this.

    1. In the UK there is no legal requirement for an employer to pay an injured employee their usual or full salary if they are unable to work due to ill health or injury. This applies even when someone has been injured in an accident at work.

      The only legal requirement is for an employer to ensure that an injured or unwell employee who cannot work due to injuries suffered in an accident at work receives Statutory Sick Pay (SSP). This leaves an injured employee with a heavily reduced income until they are able to return to work. Whilst it isn’t an immediate fix for this problem, one of the benefits of succeeding with a claim for compensation after injuries suffered in an accident at work is that the claimant can also seek to recover all lost income and expenses by way of the special damages element of their claim, something we at Direct2Compensation will ensure is claimed in full.

      We understand that coping with a loss of income after an accident at work is a very stressful and troubling situation. You may find this article of interest as it provides more information about coping with a loss of wages after an accident at work.

  8. i have been told by the HSE that i have been using lead paint for 3 years with not the right breathing mask or correct ventilation my employee was issued with 3 prohibition notices but still use lead paint,the HSE advised me to see my GP to check skin inhalation and my breathing,he bullies me and the other staff,i.my dad informed the HSE as he was worried about my health

    1. Adam

      Your employer has clearly been guilty of negligence here and is playing a dangerous game with your well-being and health. Have you now seen your GP regarding the issue? Get in touch with us so that we can put you in touch with one of our specialist Industrial Injuries Solicitors. We can give you some advice as to your rights here and whether you can claim compensation.

      1. I am going to book with my gp as it has taken 6 weeks for my employer to act on this. He has now changed the paint to lead free. Do i still have a claim.

        1. Adam

          You are doing the right thing in terms of seeing your GP. Make sure you inform the GP in full as to what has happened and what materials your employer has been getting you to work with.

          I would suggest that when you have seen your GP and been given advice as to what, if any, health problems the lead paint etc has caused, that you return to me. We can then investigate further with regards to a claim for compensation for you.

          1. So if theres no damage caused to my health then theres no claim? I feel the 3 years he has neglected my health is worth something. I am not a sprayer by trade i was put on the job and left on it as i was good from the off. So had no clue as to what paints etc i was using i just did as i was instructed.

          2. Adam

            You may well have a viable claim, but it is impossible to advise on the prospects without knowing what injuries/health problems you have suffered as a result.

            The most likely damage/injury risk to you from using lead paint without the correct breathing apparatus will be respiratory diseases, but there is also a risk of more sinister illnesses such as cancers too. With this in mind, there is reasonable likelihood that you will be suffering from stress and anxiety of the worry of what potential injury or illness could materialise in the future. You should discuss any relevant aspect of psychological injury with your GP as they may be willing to provide assistance to you with this regard. Remember, you can claim compensation for psychological injuries as well as physical injury.

            If there is no injury confirmed by a Doctor, it is unlikely that you will be able to pursue a claim against the employer. In that case, there is no damage or loss to claim against them for. Although they have placed you at risk and acted negligently, there is no avenue for compensation for such a situation. If you are not injured, but the employer has flouted Health & Safety law, you should report them to the Health and Safety Executive and they can face punishment or censure from them.

            However, with the risk of an illness developing in the future as a result of your exposure to harmful substances like lead paints, it is worth remembering that you can still pursue a claim in the future. The claim limitation period rules that give you 3-years in which you can pursue a claim for compensation starts on the date of an accident, or in your case, on the date of diagnosis of an industrial injury/illness.

            Please contact me when you have spoken to your GP and I’ll be able to offer you more precise advice.

  9. For around 2 to 3 years now, I have been asking my employer to make adjustments to the equipment we use to change machinery rollers in the manufacturing process I work on for the company.

    After speaking with Health & Safety representatives, they have seen room for improving the equipment but nothing has been done.

    The lack of any action has caused me to suffer several back problems and absence from work with a loss of pay.
    Several times I pointed out to my employer what should have been changed or improved to make work tasks easier and less dangerous. On several occasions, I have ended up suffering from sciatica and back problems.

    No risk assessment has been caried out and my employer has also put me on a warning for the time I have had to have off due to my injuries.

    Can I make claim against my employer for their negligence towards my well-being and health & safety at work?

    1. It certainly sounds as if your employer has been negligent towards your health and safety at work. The only problem I could see with your claim is whether or not you are within the 3-year claim period.

      However, I would like to investigate this further for you as I think you may well have a good claim here. Please send me your phone number to [email protected] or call us on 01225430285 so that we can pursue this further for you.

  10. My manager told me to enter a client’s home without my work colleague present she told me that I could make a start with the client i.e assist the client to walk to the commode which was by her bed, as we approached the client started to fall forwards it was my natural instinct to stop this elderly lady from falling to the floor in managing to do this I sustained a slipped disc is my boss liable?

    1. Marie

      Hi, thank you for sharing your workplace injury story with us. It won’t surprise you to hear that we receive a large number of enquiries from people who suffer injuries at work from the care industry sector.

      Your employer may well be liable in this matter, but it will depend on what ‘care plan’ or risk assessment is in place for the particular lady that you were providing care for. If it is a two person job and the employer has assessed this as the requirement for this client, then you could well succeed with a claim if they have then told you to ‘crack on’ without waiting for the 2nd carer to arrive on site.

      Your claim enquiry is something we would very much like to investigate further and get to one of our specialist Solicitors for you. Perhaps you would like to send your contact number to us ([email protected]) so that we can have a brief telephone conversation with you and find out a little more information?

      We look forward to hearing from you.

      Best regards

      Direct2Compensation

      1. Hi
        thank you for your reply and I would certainly be interested in speaking to a specialist solicitor regarding this matter, as originally I did not want to pursue this down to loyalty for my employer, but as I am no longer an employee of this company and am still suffering with excruciating pain in my lower back and down my left leg, even after having physio, and I don’t really know what to do next as there isn’t really much in regards to treatment for a slipped disc apart from an operation which I don’t really want to have, I somehow feel like my ex employer is at fault due to negligence on their part, please could you get someone to contact me on my mobile number which is 07709647922 I will be free to speak on Wednesday the 26th July between 8.15 am upto 10am or after 4pm. Or any time after 4pm Thursday or anytime Friday due to work commitments, kind regards Marie

      2. Hi
        thank you for your reply and I would certainly be interested in speaking to a specialist solicitor regarding this matter, as originally I did not want to pursue this down to loyalty for my employer, but as I am no longer an employee of this company and am still suffering with excruciating pain in my lower back and down my left leg, even after having physio, and I don’t really know what to do next as there isn’t really much in regards to treatment for a slipped disc apart from an operation which I don’t really want to have, I somehow feel like my ex employer is at fault due to negligence on their part, please could you get someone to contact me via email to arrange a chat thanks.
        Kind regards Marie

  11. Hello.I had a shoulder injury in my previous employment that has lead me to just having an operation. I tried to make a claim which was tejected.I feel so angry that i cant work or claim benefits.I am in horrendous pain and its lead to my depression. eing at an all time low. If a claim has been rejected can anyone else take this claim rewuest on?
    I would really appreciate some advice as i dont know what else i can do.
    Kind Regards

    1. Diane

      Thank you for telling us about both your workplace injury and your personal injury claim experience. I am sorry to hear that you didn’t get a good outcome with your claim enquiry the first time around.

      You can seek an alternative opinion from us or another specialist injury compensation Solicitor even if your claim has been rejected. Of course, if one Solicitor has rejected the claim it may indicate areas of weakness within your claim but it could simply be that the Solicitor didn’t feel adequately experienced to handle the claim. Do you know if the claim was simply rejected upon consideration by a Solicitor or if the claim was closed after being brought to the attention of the defendant insurers and on the basis of their defence of the claim? If an insurer has successfully defended a claim and a Solicitor has opted to ‘close’ the matter rather than take it to court, it could indicate that you are unlikely to get any further. If however, the claim never got that far then it is definitely worth looking in to this again.

      Please send your contact number to me and I will call you to find out more and offer some advice regarding your options going forward.

      With regards to benefits, have you explored all the state benefits that you may be entitled to? If you were injured whilst performing your working duties, you be eligible for Industrial Injuries Disablement Benefit which is non-means tested. You should definitely investigate further with this.

      Yours sincerely

  12. on 22 May 2017 I had an injury at work. and it was identified that I had a torn legaments and due to this injury am now attending physiotherapy on Tuesday and Friday’s from that date. so my question is should the company provide me with the transportation to the physio or should I be the one who transport myself? if the company should provide me the physio and the staff support is not willing to do that what should I do? cause in my case some ppl where being catered transport by staff support and am not. what is exactly the right procedure regarding transport

    1. Thank you for commenting on our article about your rights after an injury at work. I am sorry to read that you tore ligaments as such injuries are extremely painful and can take a lengthy period of recovery.

      I’m afraid that there is no hard and fast answer to your question regarding your employers responsibilities and whether or not they have an obligation to provide you with transport to and from physiotherapy appointments. In the UK, there is no obligation for employers to provide transport to or from medical appointments. In most cases, employers will not provide such a service as they would deem it to not be their responsibility to do so. Indeed, in cases where employers do provide such transport, it is a rarity and will depend on the contract of employment held by the injured employee.

      It may be that you have a viable claim for compensation against your employer for the injuries that you sustained. In the UK if you succeed with a claim for compensation, you can claim compensation for the injuries you have sustained as well as recovering any lost income and costs incurred as a result of the accident and injury. This element of a personal injury compensation settlement is known as a ‘special damages’ claim. In your case, if you succeeded with your claim, you would be able to claim the costs for any tranport and parking fees that you incurred whilst attending physiotherapy.

  13. I am a postman. Whilst delivering a parcel to an address, I was attacked by the owners dog as he answered the door. The dog ran from behind him and bit me on the lower left leg. The gash in my leg was aproximately 3cm long and 1cm deep, plus other cuts which I have photographic evidence of.

    Can I claim anything. ?

  14. Probably something or nothing here but while at work today tidying the shop floor I banged my head on a glass shelf used for propping that’s hidden between arms of clothing. My head started to swell and suddenly became nauscious and dizzy. I have been sent home from work after completing an accident form. Just wondering if I could go further with any action or if it’s best left?
    Thanks

    1. Kieran

      It sounds like this shelf was invisible and therefore a hazard that should have not been there. In this case, I’d be hopeful that you have a valid claim for compensation.

      Clearly, we need to know more to properly advise you and as such, please send me your contact number by email to ([email protected]) and i’ll call you to take further information and help you get this started.

  15. Hi odd question here i work alone in a busy fish shop I was serving putting gravy into the container turned to answer customer while I push the lid on put to much pressure on one side of the lid and exploded into my face, as was on my own i rushed into the back splash water all over me went back to serve customer and straight away went for help do i have a claim no official break and working alone thanks
    Karen

    1. Karen

      Hi, the situation you describe is an unusual one. The fact that you were working alone would not necessarily lead to you having a successful claim as some jobs are done on a solo basis. In your case, the fact you were working alone did not in and of itself cause you to sustain injury. The cause of the injury was the pressure applied to the container lid and the hot fluid within the same.

      Your prospects of success will come down to training from the employer and whether they have adequately staffed the workplace and risk assessed the role. Perhaps the containers used for the hot gravy are not adequate?

      We would be very happy to investigate this further for you and it could be that our specialist Solicitors are able to locate an avenue of liability that would enable the claim to proceed.

      Please send me your phone number to: [email protected] and I’ll give you a quick call to take a little more information and then get the right specialist solicitors to discuss this with you further.

      I look forward to hearing from you.

  16. Hi lan few weeks ago I got a injury to my knee due to pushing benches and and over worked I spent 3 days on the same job walking a distance of a round 7 miles a day on the 2nd day I told a so called supervisor that my knee was hurting and he’s response was at least your not doing it on your own I was dragging my left leg by the end of the day it didn’t really get any better over night and the following day I was put on the same job by the 3rd say I could barely walk went to the doctor s that day and got signeous of work for a month and my doctor advised me to find new work there was nothing broken but badly strained I haven’t been back to work since I just feel let down by the company just wondering if u thought I had a case thanks

    1. Jamey

      Thank you for the information about your knee injury sustained at work. You may well have grounds for a claim, but we would need to speak with you to find out a little more about the work and the injury in order to advise you properly.

      If your employer has failed to provide adequate training regarding lifting and moving, failed to provide the right equipment to move the benches or even failed to properly risk assess the work, you are likely to have grounds to succeed with a claim.

      Please forward your contact number to us at: [email protected] and we’ll call you to provide the help you need.

      Yours sincerely

      Direct2Compensation

  17. Hi I worked in the care sector a few months ago, I was not earning minimum wage due to my employer not paying correct travel time. I also injured both shoulders due to working 6am till 6pm. When i was signed off sick I was sacked via text message.

    Where do I stand with this please
    Christina

    1. Christina

      Hi, I cannot advise on the payment issue – that is an employment law matter and not something I have sufficient knowledge of to assist you.

      However, with regards to your shoulder injuries you may be able to pursue a claim against the employer for these problems if they have been diagnosed by a Doctor and noted as a work related/repetitive strain injury. A claim against your former employers for the shoulder injuries would only succeed if you can demonstrate that you were not provided with adequate training and guidance on lifting or that the employer overworked you and failed to provide adequate support and equipment to minimise the risk of injury.

      If you would like to discuss this further, please forward your contact number to me via: [email protected] and I will gladly call you to offer advice.

      Yours sincerely

      Ian Morris

  18. Hi Ian,
    I had an accident while driving back from a company meeting, no fault of my own the other driver and Insurance company admitted liability.
    The problem is I had several months of work and then resigned from the company recentley to take up a new position, since then I have still got trouble with my injury and it looks like under medical advise I will have to retire from work for good.
    Can I go back to the company where the original accident happened while on company business and make a claim because I cant carry on working due to Chronic problems sustained under there employ. Kind Regards Stephen

    1. Stephen

      Thank you for taking the time to share your situation. I am sorry to read of the severity of the injuries you have sustained and how they seem to be causing you to be forced to retire.

      The only party against whom you can pursue a claim is the party responsible for the accident in which you were injured – in your case, the driver responsible for the incident and their insurers. Have you already pursued a claim for the injuries you sustained?

      Unfortunately, your previous employer is in no way responsible for the situation in which you find yourself and will therefore not be required or liable to make any payments of compensation to you for the injuries you sustained. Although you were employed by them at the time and returning from company business, the accident was not an accident at work, but a road traffic accident.

      I hope that this helps you.

  19. Hi I recently had an accident at work where I was opening a curtain on a trailer when the strap snapped causing me to fall to the floor I would like to know if the company are liable to pay me while I’m off work

    1. Andrew

      Thank you for contacting us. I am sorry to hear about your accident at work and the injury you sustained. I hope you make a full and speedy recovery.

      Unfortunately, in the UK there is no legal requirement for an employer to pay an employees usual salary if they are away from work due to ill health or injury – even if they were injured at work. Whether or not your usual salary is paid will depend on the employer and your contract with them. Most commonly in the UK, employers opt to pay staff Statutory Sick Pay (SSP) rather than their usual salary. This is currently just under £90 per week and clearly insufficient income for a working person.

      If your employer will only provide SSP whilst you are away from work, the only way you can claim your lost income is by succeeding with a claim for compensation against the employer – both for the injuries you sustained and also for your special damages (loss of income and costs incurred). Given the nature of your accident, I would suggest that you have a viable claim against the employer for compensation here. Whilst the strap snapping may have been an unfortunate accident, it could be that the employer has not carried out adequate maintenance and inspection of the wagons/curtains etc and as such, they may be liable should you pursue a claim.

      I would be happy to discuss this with you further and get one of our specialist accident at work Solicitors to review your prospects for you. If you would like to find out a little more about your options, please email your contact number to me at: [email protected] and I’ll call you to take a little more information.

      I look forward to hearing from you.

      Yours sincerely

  20. My wife had a box fall on her head at Chick-Fil-A. She asked to go home to check it out, and the employer advised her to finish her shift.

    Is this considered negligence?

    1. In the UK, an employer cannot prevent an employee from seeking medical attention for an injury. Refusing to grant someone access to medical attention is an act of negligence as it is only a qualified Medical Practitioner (such as a Doctor or a Nurse Practitioner) who can diagnose and confirm an injury.

      An employer may well doubt that a worker has been sufficiently injured to warrant medical treatment, but that is only a doubt and could well prove to be a misjudgment. As such, best practice would be that an employer ensures that a medical expert assesses the injury at the earliest opportunity.

  21. Hi,I was currently injured at work which involved me falling out of the back end of a truck due to the driver driving to fast (after being told to slow down by a Co worker who was in the back end of the truck with me) well I went to the hospital and had a CT scan done then later went again and had a MRI done and the MRI shows I have 4 vertibre’s with contusions..my employer is paying for all the medical bills (which is happening) but they said they were gonna pay me as if I’m still working but haven’t done so yet..I’m just wondering what my rights are and how to go by this..

    1. Colby

      Thank you for contacting us. I am not sure where in the world you are but if this has happened in the UK, I would say you have a valid and viable claim to be made against your employer.

      The way that you are being asked to work would appear to present an inherent danger to your safety and is a practice that I would question the use of.

      If you are in the UK, please email your contact number to us and we’ll call you to help get things started for you.

      1. No I mean they let me off work to do therapy but would still pay me biweekly as if I was still working but haven’t paid me yet

        1. If they have said that they will be paying your usual salary, then you should hold them to this. Speak to your employer regarding this matter and ask when you should expect payment.

          In the UK, employers are not obliged to pay full sick pay as a standard benefit and it depends from employer to employer and what kind of contract of employment an employee has as to whether or not they will receive their usual pay if they are off work due to injury or illness.

  22. Hi on the 4th of this month I’ve got. Hu rt @work my fingers one finger is short now and the other one have a hole I’m still book off by doc so I want to know if why they take 75% on my wages and can I claim anything doctor didn’t give me any form

    1. Nash

      Your Doctor doesn’t need to give you a form to claim compensation. Please call us on 01225430285 so that we can find out more about your accident and the injury. We can then advise you properly as to whether or not you have a viable claim for compensation against your employer.

      Yours sincerely

  23. Hi, I was injured at work in January following an assault. Following xrays it turned out I had two fractures, a severed ligament and soft tissue damage. It was explained to me that the ligament was bleeding internally and that the blood calcifies overctime. I am still off work as per doctors advice.
    I have been called to a meeting at work and I am worriedvthey will sack me. I only started this role in January and had no induction, training etc. Have I a claim do youbthink

    1. Lou

      If you were injured as a result of an assault – an attack, then you may well be able to pursue a claim via the Criminal Injuries Compensation Authority (CICA) – with which our Solicitors can assist.

      It is hard to see how your employer would be responsible for this – unless you work in a role where you deal with people with psychological issues or physical disabilities that make them high risk in terms of violence and were not given adequate training, support, assistance and risk assessments.

      Clearly we need to know more to be able to properly advise you. Please email your number to me at: [email protected] and we can then speak in greater detail.

      Regarding your employment rights, that is not an area in which I have expertise, so I cannot advise you. However, if you have only worked for the employer since January, they may well be within their rights to terminate your employment if you are unable to work through ill health. I would suggest that you seek professional advice on that issue from an employment solicitor.

  24. Hello.
    I was involved in a physical incident at work. Whilst protecting one resident from being attacked by one, the gentlemen grabbed me by the hair and was pulling it so hard I suffered tissue damage to my neck and shoulder. and grabbed me by the throat which have brushing and marks also punched me in the face. Do I have a claim? As it was a resident in a emi home.

    1. Fran

      What a shocking incident and a distressing way to suffer such a nasty injury. There could be a claim here and it is certainly something worth looking further in to given your injury and distress. I suggest that you send me your contact number by email ([email protected]) so that we can call you to find out more and offer proper advice and support.

      It is most certainly worth us taking some further details and then getting one of our specialist accident at work/Employer Liability specialist Solicitors to look in to this for you.

      With regards to the prospects of your claim, much will depend on whether your employer has adequately risk assessed the residents in question and the risks they pose to each other and the staff, whether the employer has ensured that all staff members are properly prepared for the risks they face, that adequate staff members are on duty and that the appropriate training and equipment is provided to staff.

      I hope this helps and we look forward to hearing from you.

  25. I sew at work, I got moved to a different area where work was harder on my hands. I complained about pain so they gave me a glove, complained again so I got two gloves. 3 weeks ago I had to put in an accident report cause i had pain in my hand and wrist that hurt to put more pressure on it. This is all after complaining several times to management, leads, and supervisor that I was in pain and having problems with this new work. Today hurt my same hand and decided to go to the doctor. The manager filling out my paperwork gave me grief, let me know my hour pay would be cut down if I got light duty and acted as if I faked the whole thing. Doctor gave me 3 days of light duty, prescription and said I needed to wear a brace and especially wear for sleeping. I’m doing so much suffering from this when I have tried informing so many times of pain and problems, now will lose salary and have pain in my hand, anything I can a do

    1. Samantha

      Hi, I am sorry to hear that your work is causing you pain, discomfort and an injury that has lead you to needing to see your GP. It is good that you have reported these problems to your employer and helpful that an accident report has been made as this could help in any future claim should one proceed.

      Whether or not you can claim compensation will depend on varying factors, such as the nature of the job and the training (or lack of) provided by your employer. I would very much like to speak with you to discuss this as a few minutes on the phone with you will enable us to properly assess your claim prospects. Please email your contact number to us at: [email protected]

  26. Good day Ian,

    I am working for a company that manages a number of restaurants and bars.

    Because of the late working hours, we transport the employees back to their homes after their shifts.

    One of the trucks we transport the employees with was involved in an accident over the weekend.

    Can we open claims for the injured employees with the WCA, even if they have signed out from their shifts?

    I have read that a claim can be submitted if the injury was incurred because of an employees employment at the company…am I understanding this correctly?

    Your guidance with this will be greatly appreciated.

    Kind regards,

    Corlé

    1. Corle

      Thank you for visiting our website.

      On the basis of what you have said, I believe that you may be making enquires from outside of the UK? If this is the case, I cannot really offer advice that is of any use.

      We work solely within the UK legal system and act on accidents that have happened in the UK or due to the negligence of a UK based organisation. As such, in your case I don’t think we could help. I may be wrong of course, in which case please call me on 01225430285 so that I can offer further assistance.

      Yours sincerely

      Ian

  27. Hi Ian,

    I have had an accident at work where I badly broke my leg. However because I’m a director of the company concerned I have been told I cannot make a claim, because I would be suing myself!!

    Do you think it is worth pursuing this?

    Thank

    John

    1. John

      Thank you for visiting our website. Being a Director of the business does not mean that you have no legal rights to seek compensation, indeed, we currently have a couple of claims being pursued for Directors of businesses that were injured whilst at work.

      Clearly, you have sustained a nasty serious injury and with this in mind I can appreciate why you are investigating your options. Whether or not you can claim will depend on the nature of the accident and how it happened.

      Can I suggest that you email your contact number to me so that I can call you and we can have a quick chat about your accident? We could then advise as to whether or not we think you have a viable claim?

  28. I was attacked by a resident at work. I was bitten, had scrapes to my arms, bruises to back of leg from being kicked. I was elbowed in my breast and was very traumatised and needed two weeks off to recover. I work in a general nursing home and the resident clearly had mental health needs. I am not trained in restraint practices as we are not an emi unit.
    I have been informed that I will only get statutory sickness pay.

    1. Lauretta

      Hi, what a nasty incident you describe. It would sound as if your employer has failed to ensure your safety at work and that there could be a claim for compensation in this. Sadly, there is no obligation on your employer to pay your usual salary whilst you are off ‘sick’ – even if the injuries were caused in an incident at work. You are entitled to SSP, but this is currently only £89.35 per week – and only available for up to 28 weeks. This situation regularly leaves people massively out of pocket.

      Please send me your contact number so that we can call you to take some further details. If you were to succeed with a claim for compensation, you would be able to claim compensation for the injuries you sustained and also to reclaim any lost income or other costs.

  29. I was at work and I stepped off some wood in the yard. My ankle just buckled on me resulting in a grade 3 sprain with a torn ligament but I had trainers on and not my steel toe cap boots. Out of work for 5 week. I would just like to know where I stand really *no pun intenteded*

    1. Callum

      We can certainly look at making a claim for you – but we would need to know more about the workplace, why the wood was in the yard and the nature of the job before we can advise you fully.

      Please call us on 01225430285 or email your number to us. A very brief chat over the phone will enable us to properly advise you as to your rights, what options you have and how we can help.

      We look forward to hearing from you.

      Yours sincerely

      Ian

  30. I was put on job untrained and unsupervised which resulted in a muscle strain injury. I have been off work since. I work for an agency on an ad hoc basis which suits me because of long term mental issues caused by my mother’s suicide and finding my father dead after he had been dead for a week. This incident has seemed to have made my mental health worse. I was not provided with pep and had no information on health and safety issues. I have noticed vision in one eye is blurred magnified and wavey which makes me feel nausius. I have found out lasers are used which shone into my eye which explains moments of double vision during this shift. I have lost confidence with the company I am hired out to and do not want to return. Any information would be appreciated as my financial future looks bleak.
    Thankyou

    1. Kevin

      It would seem that you have a couple of claims for compensation here. Firstly, the muscle injury. If your employer failed to provide you with manual handling training and supervision, you may well be able to claim compensation against the employer on the grounds of employer negligence for this injury and any loss of income associated with it.

      Secondly, the eye problem. You should certainly get this diagnosed by Doctors and confirmed. If the employer is using lasers and not providing eye protection, they are clearly breaching your Health & Safety rights.

      I suggest that you either email your number to me or call us on 01225430285 so that we can take a little more information and then link you with the right specialist Solicitor to pursue your claims.

  31. I had a bad accident on my thumb ..I didnt claim because i was told i would be sacked instantly ..its been over 3 years .I work with this injury all the time, because its manual work and use my hands all the time on machinery and with hand tools …it can be very uncomfortable ..Can I claim any sort of benefit for working with this injury .cheers Daz

    1. Darren

      Unfortunately, there is nothing you can do regarding your injury in terms of any claim for compensation. If the injury gets to the point where you are disabled by it, you may be entitled to disability benefits, but that would not be compensation.

      The law only allows a maximum period of 3 years to take action. Your employer has behaved terribly in pressurising you not to claim with the threat of dismissal. They have undermined your legal rights and left you in the situation in which you find yourself.

  32. Hi, I have recently had a accident at work. I was cleaning up some glass that someone had left in the stock cupboard, on the cupboard someone had put a 6ft banquet table (legs folded down) to get all the glass up I had to move the table (the table shouldn’t of been left in the cupboard) as I moved the table the table collapsed on me causing me to be trapped. I was trapped down the left side of my body. I was trapped under the table for 20 minutes before one of my colleagues found me. I was taken by ambulance to my nearest hospital and spent 3 days in hospital having X-rays, scans and ct scans thinking I had internal bleeding. Luckily I didn’t and I have severe bruising to my muscles and tissue under my rib cage and in my stomach. Doctor has given me 2 weeks off work. The problem is I am only part time so because I don’t work more than 16 hours I’m not entitled to sick pay. Do I have a claim?

    1. Sam

      On the basis of what you describe you most certainly have a claim worthy of further pursuit. The fact that you only work 16 hours per week is irrelevant to your rights to claiming compensation.

      We would be very happy to assist you with a claim and as such, we invite you to either email your contact number to me or call us on 01225430285 so that we can take the further information we need to make sure we link you with the right specialist No Win No Fee Solicitor.

      We look forward to hearing from you.

      Yours sincerely

      Ian

    1. You can not be dismissed (legally anyway) simply for being involved in a road traffic accident – whether you are at fault or the innocent party.

      You can only be dismissed legally for acts of gross misconduct, continued breaches of company discipline (that have been noted and dealt with by an employer) or through a genuine redundancy process.

  33. i started noticing a heavy smell of paint in my work station. asked my team leader for a mask to reduce the fumes i was inhaling he gave me a look as if i was crazy and said ok and rushed off then 20 minutes gose by no mask yet here he is talking with someone down the line laughing with this person both staring at me i then 15 more minutes went by i titlted my head up to look at a scan in light and blacked out came to and my knees were cut open i stood up and headed for the door for fresh air i get screamed at what are you doing then i responded with i quit am i screwed for getting my previous unemployment insurance claim still waiting on a answer do i have a case or this is all my fault?

    1. Dave

      Thank you for taking the time to visit our compensation website and raising your situation with us.

      If I understand your comment correctly, you quit your job and walked away as a result of this incident and the employers lack of assistance to you. If this is the case, it will not have any relevance to the outcome of a claim for personal injury compensation if you chose to pursue one. Indeed, the only small issue would be that you would not be able to claim any loss of income relating to this accident/incident as you terminated your employment rather than being unable to work due to ill health.

      On the basis of your comment, I would be of the view that you have a claim worthy of further pursuit as there is definitely an argument to be made relating to employer negligence here. When working with substances hazardous to health, employers must ensure that all workers are provided with the correct personal protective equipment (PPE). In such cases, it is important that the employer follow (and makes sure all staff are aware of and understand) regulations in terms of control of substances hazardous to health (COSHH). In your case, this would relate to the possible effects of inhaling noxious chemical fumes from the paint that you were working with. I assume that you work in a paint shop environment, perhaps as a sprayer? Or in a workplace with such a function being performed. In such a working environment, there should be industrial strength extractor fans and all staff should be wearing protective masks that filter out hazardous chemicals. If your employer fails to provide such a requirement, they are likely to be in breach of health and safety at work regulations. If this is the case, they are therefore likely to be forced to admit liability if any claim for compensation is made as a result of an injury caused in the workplace due to such breaches.

      I hope that this information is of help to you. Please feel free to contact me by email should you have any further queries or if you wish us to help you pursue a claim for compensation against your employer. Alternatively, you can call us on 01225430285.

      Yours sincerely

      Ian

    2. yes they perform paiting duties inside the factory every so often. they dont have a single air vent to vent out any fumes so when they paint the fumes build up with no possible way for the fumes to escape. if they have cameras you will see my self trying my hardest to keep my shirt over my face and call out to the team leader for a mask and injure my self. i couldn’t handle how strong the paint fumes were becoming. i forgot to mention in some of stations were the part moves its way down the line their is a excessive number of qulity marks made to the part with a highly toxic paint marker that doesn’t fully dry before reaching my work station. I do believe they were painting that day and the mixture of the paint fumes that blow around the building and fumes that lingerer off the part were really affecting me. i asked for a protective mask and he ingored my well-being after i stated can you get me a mask these paint fumes are starting to get to me. he never asked about my welfare shouldn’t have he asked me if i feel ok to continue working? do you need to step outside for a fresh air break? nothing just a dirty look and responded with ok and rushed off. i witnessed about 20 minutes after i made the request he was laughing and staring over at me with another employee. he saw that i witnessed him and immediately pulled out his cell phone and shouted im calling down to paint for your mask.. all of the sudden he decides nows the time to call after i asked 20 minutes ago….. i shook my head at him.. about another 15 minutes went by he’s no were to be seen. i tilted my head up black out for a few seconds i noticed my hand hand went forward my knees buckled slamming against the bottom of the jig i tried to save my part from stopping the line over 70 jobs shut down if i make a mistake but of course that was enough for me and i let everything shut down. i felt really unsafe and wanted out side for air i don’t believe i was in a full state of mind when i said i quit because i have bin inhaling paint fumes for 40 minutes but it was my response. i know i shouldn’t have but i wasn’t fully coherent and made a bad decision not being in the state of mind i was in. i. reported everything to unemployment insurance about the reason why i quit told them i have pictures of my injuries apparently their investigation but i know nothing will be done and ill be denied. im about to be homeless cause of some ass hole that now has two in plant sexualharasment complains made towards him after my incident and thinks its a joke when someone asks for ppe but yet he still has a job. i never received a call from the company the following day to discuss this matter like any other company would of done. this person gets to eat every single day well im left to starve i just dont think this was fair and feel hopeless iv applied everywhere no calls back… i feel im doomed when unemployment declines my previous claim from my other employer that laid me off due to shortage of work.. i know their not going to investigate anything or help me

      1. Dave

        Thanks for replying. Can I suggest that you call us on 01225430285 or email your number to me, so that we can speak and take this further.

        Thanks

        Direct2Compensation

  34. Kenny
    March 28, 2017 7:52 am

    I tore my labrum at work on August 10, 2016 and thus was considered a workman’s comp case. I finally had surgery on March 7, 2017. I was required to return to light duty on March 14th. I’m a salaried supervisor and I get paid monthly. I didn’t receive any pay from workman’s comp because they have a seven day elimination period in the state of Virginia. I asked our companies HR department if I could use five days sick pay to cover the five days that I missed. They denied that request because I was out on workman’s comp. So basically, in my mind, I was punished for getting hurt on the job. Should I have been compensated by my employer for the five days I was off having surgery? Thank you.

    1. Kenny

      The issue you raise is extremely common amongst the claimants who come to us after being injured in an accident at work. Whilst many people can accept injuries are part and parcel of life and can happen at any time in certain jobs/workplaces, it is very hard to accept losing salary whilst you are unable to work due to suffering an injury that happened in an accident at work.

      In the UK, there is no legal obligation for an employer to pay someone their usual salary if they are off work due to illness or injury – even if the injury was caused through an accident at work and even if the accident happened because of employer negligence.

      Morally, your employer should most definitely pay you for the five days you missed due to surgery. To think you managed to keep the time off down to 5 days is impressive and your employer should be grateful for that, but to not pay you would lead you to feel undervalued and as if you are being punished for suffering an injury whilst working for the employer.

      In most cases, people suffering an injury as a result of an accident at work are only able to reclaim their lost income by way of making a claim for accident at work compensation. This allows them to claim compensation for their injuries and also a special damages claim to recover any lost income and other costs.

  35. I got injured on duty last year at the mine twisted my ankle ddnt report my injury to the as we wer a contracting company my boss said I shouldn’t tell the doctor that i got injured on the mine he will pay all the medical bills of which he did also got my full salary for three months my question is am not intitled to some sort of compensation since I have a steel plate on my foot

    1. Whether or not you are entitled to compensation for the injury will depend on the cause of the accident. When claiming compensation after an accident at work, a claimant will only succeed if it can be demonstrated that the employer (or another 3rd party organisation) has been negligent towards health and safety. This can be anything from a lack of training, failure to provide the correct equipment, the failure to remove hazards from the work area or a failure to provide a safe and secure working environment.

      In your case, the lack of a proper report of the accident happening at the mine could pose a problem to any possible claim. However, the lack of an accident book record or full report of an accident is not an insurmountable problem in terms of claiming compensation after an accident at work. If your boss or colleagues were willing to provide a statement confirming what happened it would help your case. Further, if you reported the cause of your injuries as the accident at work when you sought medical treatment, that would be further evidence in support of any claim.

  36. My husband newly joined a factory in greater noida on 03/11/2017 as a machine operator. On 12/12/2017 he cut his all four fingers (left hand) in machine. He hospitalized in Delhi.his boss was loyal for the week but after he used not to even phone my husband. My husband again joined his job after 19days of injury because of scare of the loss of job. He was doing his best but his boss behavior is changing now. And a few days before he asked to leave the job to my husband. He pressuring my husband to leave job. I also work there, me and my husband asked to the boss to permanent the job of my husband, but he denied. My husband salary is 50000.so what can we do to get the claim.,and how much money my husband can get in claim. Plz give the answer soon.

    1. Thank you for your comment. Was your Husband injured whilst working in India? If so, was he working for an Indian registered employer?

      Unfortunately, if he was working in India for an Indian registered company, we will not be able to help or advise as we work within the legal system covering the United Kingdom.

  37. My 4 year old daughter attends our local village hall for breakfast/ after school club and often attends birthday parties at the village hall – we’ve booked the village hall for her 5th birthday party. When my daughter initially began attending the breakfast/after school club in the village hall the internal fire door leading to the stairwell was propped open- to help smaller children as they moved within the village hall. At some point between October and December the door was no longer propped open, in the mornings I would help my daughter with the internal door so she could go upstairs as she struggled to push the door open independently, I was concerned about the door being difficult for my daughter to open on her own and asked staff to help my daughter where possible as she is little. On some of the doors throughout the village hall there are door hinge guards, apart from the internal fire door previously described. I don’t often make such observations of the building but recent events have meant it is necessary for us to have a great deal of interest and concern. As we’re now moving into warmer days the fire exit door is being propped open so children can use the outdoor play area at the back of the building the fire exit door is adjacent to the internal fire door leading to the stairwell and tonwards the front of the village hall reception/ foyer area are the main entrance doors often switched on to be automatic opening doors which are opposite the internal fire door, this week as my daughter was making her way through the internal fire door it crushed her finger in the door hinge area resulting in a horrific injury to my daughter’s finger. I’m very displeased with the events that have taken place and I’m very upset with the lack of help from the village hall site management team and the breakfast/after school club in regards to trying to obtain the risk assessments and health and safety inspection/reports as clearly there has been a failing. A member of staff said she had raised concerns about the doors in December 2016 and has had no action but she is now refusing to show us her reports. The building is owned by the local authority whom myself and my husband work for so we’re worried about the aftermath of pursuing a claim for our daughter’s injury. Equally my daughter should not have had to experience such an ordeal had the right actions been taken by either the club or building management and because there are two opportunities for risk assessments to have been carried out by both parties I’m deeply disappointed that my daughter has been injured. I’m also upset with the handling of the situation by the staff for instance the site manager felt it necessary to explain to me why they were unable to wedge open the internal fire door as the hall could incur a £7K fine however they had the fire exit door propped open, the club manager stated she wasn’t aware that the internal fire door was in need of door hinge guard and she’d put it on her list of things to do, the site management when later questioned about the recent risk assessment and health and safety inspection refused to be forthcoming and instead questioned our need for the reports despite the fact he was informed we are paying customers hiring the village hall in the next few months and would like to confidently invite friends and family to the village hall safely as well as the fact that we are customers through the use of the breakfast/after school club. We feel as though there has been negligence for the safety of others and no one is willing to be honest and helpful. I’d like to know can I make a formal complaint and claim as litigation friend for my daughter as ultimately I’d like to see the necessary precautions put into place as soon as possible as my daughter will no doubt continue her attendance to the village hall as her friends are established and she enjoys attending, I’d hate this to happen to anyone else nor do I want there to be a risk for it to happen to my daughter ever again.

    Thanks in advance

    1. As a parent, I am really sorry to learn about this very distressing injury to your daughter and I hope that she is able to make a speedy recovery. Given your description of the incident itself and the lack of safety provision on this door, I believe you have a very viable claim for your daughter. Indeed, our specialist solicitors have succeeded with a number of claims of a very similar nature over the years.

      Yes, as a parent of a child under the age of 18, you can act as a litigation friend and pursue a claim on behalf of your daughter. Acting as a litigation friend simply means that you agree to act in your daughters best interests and provide the instructions to the solicitor in place of the young child.

      Any claim we act on would be through a No Win No Fee process and your daughters rights would be protected. I strongly suggest that we embark on a claim for your daughter and I therefore invite you to forward your contact number to me by email. Once we have those, we can take some further information and then assign this matter to the right specialist solicitor to act for your daughter. Alternatively, you can call us on 01225430285 Mon – Fri between 9am and 5pm.

      Yours sincerely

      Ian Morris

    2. Yes, we can certainly make a claim for this – the people responsible for the management/running of this hall were on notice of a problem and failed to act and as such have exposed your daughter to the risk of serious injury. In doing this, they have exposed themselves to liability for any claim that may arise.

      Please send me your contact number so that we speak with you to get the details we need to take this forwards.

      Yours sincerely

      Ian

  38. please advise if a person was injured on duty and claims from wca procedure that takes pace .The company offered to pay 2mths salary. Person was treated by specialist .Taken reports to wca. Doctor skips a month to do follow up on patient, does not tell person to go back to work as he cannot walk or drive. Does he qualify for salary for the month he did not visit the doctor as report states he is not fit for duty and the report stamped by police.

    1. Under UK law, there is no requirement for an employer to pay employees salaries if they are away from work due to health/injury problems. It will depend on the contract of employment between the employer and employee and what is stated within that regarding sickness pay.

  39. I was on my way to park my car at work Into my company’s allocated parking area. I noticed a van was parked on double yellow lines in front right side of my way to go. The van was stationary and presumably waiting for someone. My way to go was clear with no obstruction whatsoever.
    As I drove past the van all of a sudden a forklift appeared behind the van and drove straight into my car smashing into my both windows from one side to another. It was a miraculous escape as I was caught between both the forklift blades.
    Apparently the forklift was loading behind the van in which I had no visibility and in an area not designated for loading as it’s double yellow lines. I did not expect forklift to operate freely in this busy vehicular roads. The CCTV footage easily demonstrates About the incident

    My employer reported this incident tried the company of the forklift liable to compensate me but I’ve been told that they not ready to compensate, this has caused a lot of distress although I didn’t have any injuries apart from being traumatised by this as a result I cannot focus I don’t want to talk to anyone, I did see the gp and was off work for a week, I tried my best to go to work but I realised I can’t the incident keep flashing , I just think that the other easily got away with it
    I need some advice

    1. Darryl

      What a shocking incident you have endured. I can fully appreciate why you feel traumatised by this and yes, it sounds as if you were very lucky to not sustain serious physical injury.

      On the basis of your description of events, I think you have a viable claim for compensation and that with the assistance of one of our specialist solicitors, you have a viable chance of succeeding with.

      May I suggest that you email your number to me or call us on 01225430285 so that we can take some further information and then get the right specialist solicitor to discuss this matter with you.

      I hope that this helps and I look forward to hearing from you.

      Yours sincerely

      Ian

    1. Tracy

      Hi, I am a little unsure as to what you mean with your question – do you mean how long does a claim take or are there time limits in the claims process regarding how defendant insurers investigate claims and how long do they have to reply to a claim?

      Regards

      Ian

  40. Hi, I have a question about 4-5wks ago I tore my ligaments in my shoulder opening a delivery gate. I put in a claim this is all going through. I was put on light duties but was asked by a manager to move a cage into the lockup, and left me unattended, I then request injured my shoulder and this was then investigated and now going through to a disciplinery on the grounds I didn’t decline even tho I said to him are you sure I should do that with my shoulder. He had plenty of opportunity to choose a different colleague? This feels like a retaliation as there was no investigation for the 1st incident?

    1. Cliff

      You should put your concerns to your employer – in writing. It sounds as if you have a very strong case to defend any disciplinary action your employer is looking in to.

      The employer has no legal grounds to ‘retaliate’ for any claim you are making. Every person has a legal right to pursue a claim for compensation against an employer (or anyone else for that matter) when they have been injured as a result of negligence.

      I wish you all the best.

      Ian

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