What Are Employer Responsibilities To Injured Staff After A Work Accident?

199 questions have been answered on this subject, why not ask your own?

Every employer has responsibilities to follow after an injury or accident at work. Whether this in the workplace or out on site, your employer should take the necessary steps to ensure that you are working in a safe environment. Health and safety laws are there to be followed to avoid accidents or injuries. If an employer does not have proper procedures in place or otherwise fails in their duty of care, they can be sued by injured employees.

Whilst some accidents can not be foreseen or prevented, the majority tend to involve scenarios that could and should have been avoided. Accidents at work happen when corners are cut, adequate risk assessments are not made, when staff members are not suitably trained and equipped. This can sometimes be the fault of the employee but it can also be the fault of the employer. The government has a number of health and safety guidelines that must be followed and it is an employer’s legal obligation to ensure that these guidelines are implemented. If they haven’t been, then your employer is breaching their responsibilities.

If this is the case, an injured employee has the right to make a work injury claim. This would be paid by the employer’s liability insurance.

Employer responsibilities after an accident at work

Employers have responsibilities when one of their staff members is injured in an accident at work. Regardless of the accident specifics or severity of injury, all employers should have a pre-planned policy that is published, known of by key staff members and put in to place whenever the worst happens. It doesn’t matter if the accident seems innocuous – like a slip on a wet floor or if there is a very serious accident when staff members suffer critical injuries, the way a company handles accidents should always be the same.

Good employers will deal with accidents in a professional and effective manner. They will record details of an accident in their accident book, report it to the HSE if required, and not stand in their employees way should they need to make a claim for compensation. Bad employers will be less helpful, they may try to prevent access to the accident book and be obstructive towards staff who are injured, perhaps even threatening them with the sack.

Accident reporting

Employers must ensure the details of any incident, no matter how minor, are recorded within an accident book or accident recording system. In cases of serious injury or even death, there are additional responsibilities on an employer where the ‘Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013′ requirements become mandatory. This process is known as RIDDOR and ALL employers must adhere to the requirements to avoid serious breaches of health and safety law. Indeed, it may be a criminal matter if company managers and senior staff to fail to comply with the requirements of RIDDOR. All accidents at work must be reported to RIDDOR where the injured employee is caused to be away from work, or left unable to work as normal, for seven consecutive days or more because of the injuries that they have sustained. The report must be made within 15 days of the accident to the Incident Contact Centre of the Health and Safety Executive.

Paying sick pay

It is important for employers to take an accident seriously, giving an employee all the support needed to get back on their feet. Employees may need to take time off to recuperate from their injuries so adequate relief measures should be discussed. Not all employees will receive full pay if on sick leave from work, however, all employees are entitled to Statutory Sick Pay (SSP) if they do not get full sickness pay. If a successful compensation claim is made, the employee should be able to recover their lost wages.

Offering light duties

If the employee’s usual work involves aspects of hard physical labour such as heavy lifting, carrying, climbing or standing for long periods, the employer is duty bound to accommodate returning to work on lighter duties (if they exist) whilst recovering. For example, it could be that a back injury will prevent heavy lifting. Therefore, placing the employee in an office for a few weeks on lighter duties means they can return to work and continue to earn their usual salary. This change in duty can apply to psychological injuries, such as stress, as well as physical injuries – removing the situation causing the problem can often help.

What you should do if you are injured at work

All employees have rights if they’re injured at work, even agency staff or temps. If you have suffered an injury because of employer negligence you will be entitled to claim compensation. To do this successfully you need to prove the employer is liable, and this takes evidence. Which is why, along with medical reports, a true report of the accident is so important.

If your employer is taking no responsibility for the injuries you sustained, they may not even let you see or use the accident book to make a report. If this is the case you should speak to a solicitor sooner rather than later.

Claiming compensation after an accident at work is not a great outcome for either the injured employee or the employer. Although a successful claim can see an employee recover their losses and receive compensation for their injuries, all claimants would rather that they had never had their accident in the first place. Most will have concerns about making a claim and whether it will affect their employer or job if they do. 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. However, 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.

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.

It’s usually really quick for us to find out if you have a valid claim, just leave a question below or call us on 01225 430285, or we can call you back.

199 questions have been answered on this subject, why not ask your own?

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    Questions

    Read on for questions and advice about claiming...

    Hello,
    A friend was injured at the hospital she works at.
    There was blood everywhere and she needed stitches.
    She was told as she hadn’t finished her shift this would count as one of her sick days.
    She pointed out to injured to work and clothes soaked in blood.
    They said if accident happened 15 mins later she would have been okay.
    If she was off sick again it would be a disciplinary and could be sacked.
    She’s worked there 30 years always doing extra to her scheduled hours.
    Boss said sorry those are the rules.
    Is he right?
    Thank you.

    Ian Morris

    Whether the employer is correct in law/contractually is unclear (your friend would need to consider her employment history, contract and seek employment law advice), but morally it does seem questionable.

    In terms of the injury that was sustained, did that happen at work? There may well be grounds to pursue a claim for personal injury compensation given the injury and requirement for stitches.

    If your friend would like further detailed advice about her employment and specifically a personal injury claim, she can call us on 01225430285 or use our website to request a call.

    Reply

    I have injured my back at work after being put on shifts with an inadequately trained member of staff. Concerns were raised, but nothing was done about it – to the point that I now have slipped discs.

    Today after asking my employer if I could be taken off single handed calls and put on double handed calls to reduce the pressure on me, I have been completely removed off shift without agreement! Can my employer do this?

    Ian Morris

    If you are not fit to carry out the duties that you are employed to carry out, you can ask the employer for lighter duties. However, if the employer does not have any suitable lighter duties available, the employer can place you on sickness leave as would appear to be the case here. You may therefore find yourself having to contend with a loss of income if your contract of employment does not provide sick pay.

    You mention that your back injury and the slipped discs you are now suffering with can be directly attributed to employer negligence – tasking you with working with a member of staff who has not been appropriately trained. As such, you may well have a valid case to pursue a claim for personal injury compensation. We would certainly like to discuss this with you and offer further help. If you would like to find out more, please call us on 01225430285 or use our website to request a call from us.

    Reply

    Hi Ian I had an accident at work in the warehouse where I injured my whole spine because of the employer negligence as I was left completely alone in the warehouse and in the whole building where minimum 2 people should be at all the times. Management was fully aware of putting one person to do the 12h shift. I was unable to have any break and did not have any food with me for 12h just water in the office and was unable to leave warehouse as Lorries and vans were keeps coming and the volume was high everything was recorded on the company cameras inside the warehouse and outside. After receiving call from manager from main Hub early morning that day he was laughing at me that I was alone that day and no support was offered by management, I did not know where accident book is as it was never showed to me by health and safety and there was no one to report it. I reported all injuries to NHS and currently I am on medication and having treatment ongoing and I reported case to HR via email where they replied that they will investigate what happened on that particular day but they never replied to me at all. I have found solicitor and he is tried to get insurance details of my company but is unable to trace them. I provided email to HR to my solicitor but my company is ignoring my solicitor and not responding at all. What is the next step is such case where employer has responsibility to reply and provide the whole cctv footage but ignoring Solicitor and employee ?

    Ian Morris

    Your employer is duty bound to have insurance cover for employer liability and they should disclose this to you. Indeed, in most workplaces the employer will have their insurance cover certificate on display and this should be the case where you work.

    Have you tried to request the details of the insurance in writing from your employer?

    The key issue here is for your Solicitor to be confident that insurance is in place as without such cover, even if you succeed with a claim there is no guarantee that you would be able to obtain the financial settlement.

    If and when insurance cover is confirmed, your Solicitor could seek to issue court proceedings to compel the defendant (employer and insurers) to cooperate with the claim.

    Chris

    Thank you for your replay Ian , they must have insurance cover as they are top 5 Freight forwarding company in the World
    I do not want name company for a reason they just ignoring my solicitor and me, which looks really bad in my opinion.
    I will write an email to HR to request details of insurance.

    Reply

    Hi Ian, I work nights for a large retail company and had a accident at work. Whilst pulling a two sided cage full of pop/drinks out to the shop floor the stock was badly stacked and started to slip which was starting to push my back back the wrong way, I have been off work with back pain since. Can I make a claim?

    Ian Morris

    You would appear to have valid grounds to pursue a claim against the employers insurance in this scenario. The employer has a duty to ensure that all stock cages/trollies are loaded safely and if any cages are disturbed during transit and left unsafe, they should be unloaded in situ on the distribution vehicle and reloaded safely.

    We would certainly like to assist you with a claim for compensation in this matter. In order to protect your interests and give yourself the best possible chance of succeeding with a claim, please ensure that the details of the incident are on record with the employer. As such, if the accident book used to record the details at the time, email your employer to ensure that the incident has been reported to the right people.

    If you would like take this further, please call us on 01225430285 or if you prefer, use our website to start your claim and we’ll call you to offer the help you need.

    James/Jim

    Hi Ian, thank you for your reply, I have had a meeting with one of my managers last week for a back to work plan, and was told that it has been entered into the Accident book as a Accident at work and my sickness absence is being coded as a accident at work absence, and was told that they had burned off a copy of CCTV footage of the accident. Unfortunately I didn’t take any images. Is there anything I should ask for from work before I make a claim? Many thanks Jim

    Ian Morris

    I don’t foresee that there is anything you should be asking for as it would appear that all of the important steps have been taken (accident reported and recorded and medical treatment received etc). You could ask for a copy of the CCTV footage, but the employer is not compelled to provide that to you (they would however to a Solicitor).

    As and when you wish to proceed, please call us on 01225430285 or use our website to get us to call you.

    Reply

    I caught my foot on the leg of a table in a class room that was next to the window I was closing and fell and broke my wrist. I needed to have an operation to have a plate put in. I returned to work on 15th June on light duties. The accident happened on the 5th May, I received an email from my employer on the 12th June with a health and safety report form (an IR1 form) to fill in. I have no contact from Occupational Health at all. Should the IR1 form have been done within 15 days of the accident happening and should I have had a meeting with OT before returning? I have not started a claims process as I am not sure I am eligible for one.

    Ian Morris

    To be able to make a claim for personal injury, the cause of your fall will need to be attributable to someone else. You mentioned catching your foot on the leg of a table – if this was simply misfortune and you caught your own foot on the table leg and there was no fault with the location of the table and you had adequate working space to work safely, you’d have no claim. However, if the working area was cramped and overcrowded with chairs and tables meaning that an accident like yours was always likely and it was just a matter of time before someone caught their leg and fell, you would have valid grounds to pursue a claim. If you would like to discuss the specifics of your accident to find out if you can pursue a claim, please call us on 01225430285.

    In terms of the IR1 form, there is some ambiguity around the timescales for completion of the form. Whilst the form should be returned at the earliest opportunity and ideally within 1 day of an incident, as long as the form is completed as soon as practicably possible (often when someone has returned to work on light duties), that should be fine.

    Reply

    I tripped or slipped down some stairs at work 12th January 2023 I’m not really sure what happened as all happened quickly, but there was no handrail to grab onto to prevent my fall. The fall caused me to badly sprain my ankle and fractured another part of my foot. I did have to go to hospital and X-rays were done to confirm the injures. It’s now May6th and I’m still signed off work and under Physiotherapy. During these last 4 months, I’ve been the only person to make contact with work regarding doctor’s certificates and physio updates and checking in with my boss, but they haven’t reciprocated, they’ve made no contact with me to check in , asked for any updates , no check on my mental health, I feel slightly neglected and that it’s only been me making contact. I’ve been very hesitant to make a claim. I’ve lost 4.5months of salary and gained anxiety about going to work and going outside, I’m nervous about stairs. I also have issues with my left shoulder which I landed on when I fell , this wasn’t checked at the time at A&E as I wasn’t sure if injured anywhere else as the pain was more dominant on my foot. Now I have issues with left shoulder and trying to move it round and it’s painful I should see doctor about this. My doctor’s certificate of due to end on 17th and my last physio session is on 9th, no one has arranged a meeting from work if I need to do light duties as I’m a General Manager in a restaurant and will be required to work 48hours a week and standing long periods of time. I don’t feel comfortable or ready to return to full working duties.
    I’m still unsure what I should do? If I have case to make a claim? And should I be worried what work say?

    Ian Morris

    The handrail or lack of is somewhat of a red herring in such cases and should be ignored. If there is a handrail in situ, there is a duty for the handrail to be maintained and kept in safe order. However, there is no duty requiring a handrail to be installed or fitted. As such, in this case it would only be viable to bring a claim if the injured party can identify a hazard that caused them to slip and sustain injury. This could be a spillage or substance on the stairs or flooring above the stairs that was not marked with a hazard warning sign, or some form of disrepair to the floor surface of that of the stairs.

    In this case, my concern is that you are unable to state with certainty as to why you slipped or fell. If this is the case, it is impossible to bring a claim as you cannot identify any negligence on the part of the employer.

    Reply

    Hi, I had 1 slip on ice, 1 trip on cling wrap and was deliberately kicked in the back and fell onto a pallet within a 2 week period in the workplace. I have been off work for over 2 weeks now on full pay. I have seen the gp twice for medication. My back is extremely sore and I have sciatica continually. I am waiting for an occupational health assessment and also am waiting for physio. I lift stuff all day at work and wrap pallets which I cannot do at present
    I have had a back operation about 13 years ago and have had no problems until the recent events. Do you think it viable to claim against my employer for obviously failing to take care of me at work ? What happens if my back doesn’t get better?
    Thanks

    Ian Morris

    It is certainly worthwhile undertaking further investigations in to the first 2 incidents you have mentioned (the slip on ice and the trip on cling wrap) at your workplace as both are matters where it may be possible to hold the employer liable for a breach of duty. Please call us on 01225430285 or use our website to provide further information and we can then start your claims for you.

    With regards to the incident where you were kicked, that is less certain in terms of employer liability, but we can certainly discuss this incident with you in order to ascertain whether there is any realistic prospect of taking that matter further too.

    Reply

    I have sciatica and it’s very painful. I have suffered this problem from lifting heavy boxes at work. Thankfully, my doctor has helped me and for the last 6 weeks I have been signed off work with a sick note. I still go to physiotherapy and I have light duties at work but my manager has ignored the Doctors note and is trying to make me lift heavy boxes again, so I am worried about my health.

    Please can you explain what I need to do?

    Ian Morris

    If your Doctor has issued a fitness to return to work, but to avoid heavy lifting and to undertake just light duties, your employer needs to follow this advice. If your Manager is trying to force you to ignore your Doctors instructions, you need to complain about this in writing to your employers HR department or to your senior manager.

    In terms of your sciatica and the injury you have suffered through the lifting of heavy boxes, we can help you to make a claim against your employer for personal injury compensation and recovery of any lost income. You can start your claim via our website or by calling us on 01225430285.

    Reply

    My son had a fall of abut 10 to 12 feet at work and passed away i do not know how it happened no one can tell me as there is an investigation into his death

    Ian Morris

    The employers that your Son was working for may not yet be able to comment on the incident in detail as there is obviously an ongoing investigation in to the incident. However, the investigation that you mention should bring to light the cause of the incident and explain how your Son came to fall from such a height. Given the fact that he was working at height or in an environment with a potential drop risk around him, there is likely to be a health and safety breach of some sort exposed by the investigation that is underway.

    If you are the legal next of kin for your Son (which will be the case if he was unmarried or had no children), you can make a claim on behalf of his estate for personal injury compensation and our specialist Solicitors can help you to do so on a No Win No Fee basis. If you struggle to get to the ‘truth’ of the incident and find that your access to the contents of any investigation are blocked, our Solicitors can assist in ensuring that you are able to gain access to the same.

    Reply

    I recently started a job and injured my knee at work, I don’t think there was any negligence on the employers part, potentially a slippy bit of astro turf but I don’t think so. Anyway, I am barely able to walk due to this injury but was threatened with termination if I didn’t come in 3 days later. I came in and they had someone else complete my work and asked me to do something requiring me to be down on my knees for 2 hours, when I said I don’t think I’ll be able to do that due to the injury, I was shouted at and fired on the spot. I’m not sure I have a leg to stand on (pun intended) but it feels like this is wrong.

    Ian Morris

    If you cannot attribute your knee injury to negligence on the part of your employer (or any other 3rd party for that matter), you have no right to make a claim for compensation. You mention a slippery piece of astro-turf though? How was that linked to your injury?

    In terms of your employment and rights to retain your position, it is sadly the case that you have very little protection from dismissal if you are unable to do the work that you have been employed to do – especially if you have not been with the employer for over 2 years. In this case, as you had only been with the employer for a short period of time, your employer can simply ‘let you go’ as you were not fit to work.

    Reply

    My son suffered a QL back injury at work which keeps reoccuring resulting in him having to rest it when it goes into spasm. His employers are now suggesting he looks for another job. He has asked if there any lighter duties that he could do when this happen. They have said there are non available and he should seek alternative employment. He is a gym equipment repair engineer and the initial injury happened when moving heavy equipment without the required help or equipment. where do we stand.

    Ian Morris

    If the initial injury happened within the last 2 & 1/2 years (although claimants have a 3 year claim limitation period, in reality at least 6 months of that is needed to enable a Solicitor to gather the relevant evidence to build a robust claim), we can pursue a claim against the employer for the injury sustained and the potential longer term consequences on the basis of employer negligence (insufficient equipment, inadequate training or support). For help with this, your Son can either call us on 01225430285.

    In terms of light duties and the employer suggesting that he will need to seek alternative employment, it would seem that they are sadly correct. Although employees have the right to request light duties, an employer has no obligation to provide such duties unless they actually exist. Your Son could seek to transfer to a different role within the business, but again, such a transfer is not a legal right and it will depend on whether suitable alternative roles exist and are available.

    Reply

    My son has just cut his finger on a chop saw at work yesterday, he has a deep cut into his finger on his left hand on his finger next to his thumb . He went to hospital yesterday and had to go back today to see hand specialist, he has missed the bone and tendons, he has been stitched up and bandaged up and arm put into a sling.

    His company have told him to go to work tomorrow on light duties. If he does that, will he loose right to claim? As far as I know nothing has been put into accident book as yet .

    Could you please give some advice what to do?

    Ian Morris

    Returning to work on light duties will have no impact on any right to make a claim or the outcome of any claim. If he is able to attend work and do light duties without jeopardising his recovery from the serious injury sustained, then he should do so. Not only would that foster goodwill with the employer, but it will help to ensure that he is at work and receiving his usual salary.

    We would be very happy to advise your Son of his rights to pursue a claim for the injuries sustained. He will clearly have some scarring which may have an impact on his grip strength or full use of his hand/fingers for some time and therefore making a claim against the employers mandatory insurance cover would be justified. It is important that your Son knows his right to compensation after an injury at work and that making a legitimate claim cannot lead to him losing his job.

    Reply

    Hi there. Really impressed with your site and the impartial advice to hand.

    I work for a very large utility company. Had a back/hip injury through physical work (no neglect or direct fault from job etc) Still undergoing scans to find the exact problem. They’ve been really good with paying for physio initially and now scans to be taken all while I’m on full sick pay for upto 6 months. Cannot fault them.

    My job is very physical and requires heavy lifting and use of heavy machinery at all times.
    Depending on the outcome of this injury -is my employer obliged to find an alternative role for me should I not be able to continue in my current one?

    Many thanks

    Ian Morris

    Thank you for your feedback regarding our website. We do work hard to try and ensure that there is useful information available to assist people dealing with injuries and understanding their rights and options legally.

    In terms of your employment position, employers are not obliged to provide alternative work/position of employment if an employee is no longer fit or able to do the work that they were initially employed to perform. They are however obliged to at least investigate whether a suitable alternative position is available at the workplace before they terminate the employment of someone who cannot now do their previous job on the grounds of ill health/injury.

    It is good to hear that your employer has been supportive with you during this period and that you don’t have the immediate added stress of lost income. However, although you don’t immediately see any way in which they have been negligent or caused your injury, you may still have grounds to pursue a claim against their insurance cover for the pain and discomfort caused by the injury to your back from heavy lifting.

    You mention that your job is very physical and involves heavy lifting. To this end, your employer does have a duty of care to minimise the risks of injury and they must therefore ensure that you are provided with manual handling training, equipment to enable you to work safely (trolleys or lifting tools for example) and that the work that they are expecting you to undertake can be carried out safely.

    If you have any questions about the working environment, the training you have (or have not) received or if you would like advice about making a claim – or even your employment rights, please do not hesitate to contact us.

    Reply

    I injured my ligaments in my shoulder at work 18 months ago the company changed my roll to a seated position where there is no lifting involved. Even though my shoulder still not right, we now have a new manager who wants me to go back on the end of a busy line, lifting 20k coils for 12hours. I have explained that this is going to damage my shoulder. Is this allowed to happen? Can they put an injured member of staff back in to a manual role that will require me to lift coils?

    Ian Morris

    Employers are free to move staff around within a department, so long as they are not asking you to work in a role that is outside of your job description or in a position that you have not been trained to work in.

    In this case, in theory, the employer could move you – but they would have to consider your injury status and whether the move would cause you further injury. If they can demonstrate that there is no longer a seated position available and that you must therefore return to the role you were recruited to perform, they could potentially move you. However, this would be futile on their part as you would likely suffer a breakdown with the shoulder and be forced to be absent from work.

    Have you explained in writing that the lifting work is not currently possible for you? Perhaps you should see your GP and seek a note regarding the work you can safely undertake.

    In terms of the initial injury to your shoulder, you may be able to pursue a claim for personal injury compensation and we would like to speak with you about that. As the work you were doing prior to your injury involved repeated heavy lifting, we can consider whether you received an adequate level of manual handling training and whether there was sufficient rotation/rest periods from the repeated heavy lifting.

    Reply

    Is the organisation responsible for workplace injuries even after office hours?

    Ian Morris

    If an employee is working beyond standard office hours on the instruction of Management or due to business demands, the employer will be responsible for any injuries sustained if they have not ensured adequate training or safe working methods.

    Reply

    I have injured my back at work 4 times since October 2020, and since the last one in June 2021 I have been unable to return as I still have severe back pain. Despite having return to work meetings with the Manager, there has been no risk assessment performed, no plan to return on light duties executed and to make matters worse, I have been diagnosed in February with Parkinson’s disease. Although my GP has not declared me permanently unable to return to work, I am simply not mentally nor physically able to work in any capacity. Do you think I would be able to claim compensation not only for loss of earnings but also for the stress and anxiety that I now have due to the lack of them not following procedures in any of the 4 incidents? Thank you very much.

    Ian Morris

    This is a matter that would be of interest to our specialist Solicitors. Please return to our website to provide further information and we’ll be able to get you the advice and legal representation that you need on a No Win No Fee basis.

    Reply

    If injured at work and still have doctors appointments should you return to work?

    Ian Morris

    You should follow your Doctors advice and if they believe that you should rest, then do not attend work.

    Reply

    My son was very badly injured at work were he was squashed between a slurry and fork lift. The fork lift was driven by his employer and my son was standing at the back of the slurry. His boss didn’t see him and he was injured.

    My son has 4 large hematomas in his abdomen. His boss showed no duty of care whatsoever and no ambulance was called for him. He received no first aid. My son is terrified of putting in a claim due to him being told during his time there working that someone made a threat to the family of his boss, and the boss with his family went to this persons door with guns and threatened them. My son is afraid that this would happen to him. He now suffers flashbacks regarding the incident and he has no muscle control over his bowels or kidneys due to the accident. Can I, his mother, claim against the employer?

    Ian Morris

    If your Son is over the age of 18, he and only he can make a claim. You cannot act for him or make the claim on his behalf.

    Your Son has sustained serious injuries that could have very long term and potentially permanent consequences, so he should not be considering his employer or whether a claim could affect them. If the rumour that your Son has heard about the employer is true, then the Police would surely take a keen interest in such intimidating behaviour.

    Your Son has a valid claim due to employer negligence and really should pursue his legal right to seek compensation before he loses the opportunity due to time lapse.

    Reply

    If your employee was injured at clients place of work by one of the clients subcontractors who’s insurance is liable?

    Ian Morris

    In the scenario you have described, the negligent party would be the 3rd party contractor and their insurers as they appear to have caused the injury. If you as an employer have ensured that your staff are appropriately trained and given the correct PPE and that jobs are risk assessed, you are unlikely to face any liability should anything then happen on a site.

    Reply

    I have recently broken two bones in my arm, outside of work.

    As per my contract, I am entitled to 3 months full pay and 3 months half pay. My manager has sent me an email today saying that she has light duties for me, although I do not feel ready as I only broke my arm 3 days ago. Where do I stand in refusing/declining these light duties? I am still in the 7 days of my self cert period and I am planning to get a doctors note after this. I would prefer not to work at all during the time covered by the sick note.

    Ian Morris

    It is probably the case that your employer is trying to be proactive and helpful in getting you back in to work at the earliest possible opportunity. However, if you do not feel well enough to even undertake light duties for a few weeks, that should not be a problem. Providing you have been with the employer for more than your probationary period and you do qualify for sick pay, if your GP signs you off for a while you can avoid work until you are fit to do so.

    How did you come to break your arm? If you feel that you could potentially make a claim for personal injury compensation as a result of your injury, please let us know and we’ll be more than happy to advise you on your rights and options.

    Josh

    Hi Ian, thanks for the quick reply.
    I doubt I’m eligible for compensation as I broke it playing a Sunday league football match, due to a bad tackle. Please let me know if this is possible to claim?

    Ian Morris

    Unfortunately that cause of injury will not be something you would allow you to make any claim for personal injury compensation unless the incident was seen as an assault and reported to the Police accordingly. If that were the case, you could pursue a criminal injuries compensation claim, but otherwise there is no course of action available for you.

    Reply

    In case you get an accident with company motor while in the line of duty, should the company compensate you?

    Ian Morris

    UK law would see such an incident as separate to employer liability and any claim would be made against the insurers of the vehicle that caused the accident, any injuries and financial losses.

    Reply

    I passed out in work due to not being allowed a break whilst on an 8 hour shift and working in a busy shop myself, when I collapsed I hit my head. I was made to finish my shift as there was no one to come and cover for me, then I was taken to hospital with a concussion, is my employer in the right?

    Ian Morris

    Although you can’t prove (in terms of a personal injury claim) that your employer caused you to collapse, their failure to allow you to seek immediate medical help is scandalous and dangerous. You should formally complain to the company Directors (in writing) regarding their negligence.

    Reply

    After a machine door slammed shut on my hand my manager wouldn’t allow me to go to hospital, is he in the right?

    Ian Morris

    No employer should prevent an injured worker from seeking qualified medical attention if the staff member is reporting injury.

    Reply

    I had a fall on a staircase at work and I have been off work for 2 months. I have completed the incident report, but my manager is emailing to attend with a supervisor whilst I am on sick leave? Is it right for my manager to ask me to attend whilst I am on sick leave?

    Ian Morris

    Your Manager is within their rights to ask you to to attend a meeting about your accident as they may simply wish to ensure that an accurate investigation of the accident has been made. However, if you are too unfit or not physically able to attend, you should inform the employer that you are not able to do so until you have recovered further.

    Reply

    I had an injury at work last year, were a pedestal hit my head whilst offloading a furniture truck, they gave me a few pills at work which helped to ease the pain. I had a severe headache a few days after the incident. The company took me to the Doctor the day I reported that I didn’t feel well and I went for physiotherapy for 3 weeks only for them to stop the treatment because they say they want a DELAY REPORT with the company’s letter head explaining why I took time to see the Doctor (because I didn’t go the day of the incident). I wrote my reasons for this in a report but they did not send the report to the physiotherapist to continue my treatment and I got a call from the physio telling me that if I don’t send the delay report, they’ll cancel the treatment and I’ll be liable for the medical bill. What do I do in this situation?

    Ian Morris

    Have you tried speaking with your direct Manager at work to get some help with this? The kind of injury that you sustained is known to not always be an immediately obvious injury, so the fact that you didn’t go to a Doctor or Hospital immediately shouldn’t really be an issue. The key thing is likely to be whether the accident was properly recorded at the time. If you can demonstrate that the incident in which the pedestal hit your head was recorded in an accident book and that the injuries you were receiving physiotherapy for are consistent with such an incident, you are unlikely to have any further problems with regards to the rehabilitation costs.

    Reply

    I was stabbed with a dirty syringe in work. I signed no risk assessment. I went to hospital and received a hepatitis b jab and require 2 more. There were needles everywhere and we weren’t informed of this.

    Ian Morris

    This is a matter that we need to discuss further with you as you are likely to be able to make a claim for personal injury compensation in this matter. In your case, you can claim compensation for the emotional anxiety caused to you (due to the worry about potentially serious infection) and also for the disruption to your life and lost income etc for time needed at Hospital.

    Our Solicitors have previously succeeded with claims of this nature and can help you to make your No Win No Fee claim for personal injury compensation.

    Reply

    My wife injured her back, after tripping over loose wires at work. This was a known issue and the floor manager at the time had failed to rectify and make safe – he has since been let go due to this. She badly hurt her lower back and coccyx and had a month off work – she still suffers now but could not afford to be off work any longer. The GP said she could return to work on lighter duties and said to discuss this with her employer

    She has not yet claimed any compensation as she is concerned that they will find a way to fire her if she does claim

    she discussed with the Ops manager before her return what the limitations would be and they agreed should could come back to work. However there is one task she said she would not be able to do as it requires heavy lifting, but they keep giving her that task and insisting she does this for up to four hours a day

    As a bit of background, she was new into the job when the accident happened and was still in her probationary period. Once she returned to work they said that they would be restarting her probationary period as she had taken sick leave in the probationary period and that if she had any other absence in the next three months, she would be sacked – even though this accident was their fault.

    The heavy lifting task is causing her so much pain but she is not given rest and cannot take any time off to recover. She has tried talking to her manager again but is ignored.

    Is there anything she can do?

    Ian Morris

    Your wife has a legal right to pursue a claim against the employers mandatory insurance cover for the injury she sustained at work and the ongoing impact it is having on her. It is important that your wife knows that she cannot be dismissed or discriminated against by her employer for making a legitimate and honest claim for compensation.

    The situation you describe that led to the accident and injury indicates to us that your wife has a valid claim for personal injury compensation against her employer. The employer appears to have been made aware of the risk of someone tripping on the loose cables and therefore had an opportunity to make them safe, have the area cordoned off or at the very least erect some adequate warning signs. Their failure to do so is employer negligence and leaves the employers insurers open to having to admit liability should a claim follow.

    Should your wife wish to make a claim or discuss her situation with no obligation to take it further, please ask her to contact us on 01225430285.

    In terms of the ongoing problem of being asked to perform duties that she had agreed that she could avoid due to her injury, your wife needs to put her concerns about this to the employer in writing. Having a written record of any report of an issue or complaint is vitally important in order to protect her interests should she need to take further action later down the line.

    Reply

    I have been injured at work where the fire extinguisher was down on the floor, so I tried to put it back up where it should be. When I put it back, it was not okay and it fell on to my left leg and hurt my toes. I was rushed to hospital and had to go through a toe amputation with another toe operated on. Will the employer blame me for the incident?

    Ian Morris

    You should not worry about whether the insurers of the employer may attempt to place the liability for this injury with you as our specialist Solicitors would seek to demonstrate that the fire extinguisher mount was faulty and argue that the extinguisher should not have been left on the floor in the first place. It would seem that you were simply trying to do the right thing in putting the extinguisher where it should be.

    You have suffered a very serious and permanent injury and have a right to pursue a claim for personal injury compensation as a result of your accident at work. Please call us on 01225430285 to make further contact so that we can have our Solicitors advise you further and help you to make your claim for compensation.

    Reply

    Hi I work in a nursing home and one if the residents threw a dining chair at me and fractured the knuckle on my finger on my left hand.. I reported it at work and the nurse strapped it up but I was not able to leave and got to the hospital that day. We don’t finish until 8pm so I was tired and went straight home to bed.. I went to work the next day in pain and left a 7pm to go to the hospital where they xrayed my finger and confirmed it was fractured. The hospital strapped it up. My employer asked me if I had a sick note but I said no I would go into work as normal which I did and struggled with work and also writing because I am left handed. The manager said we will look after you at work but after a few days I was put upstairs to work where there is more risk off the residents for getting the finger bent or squeezed by the residents. I asked if I could work downstairs and I was told no you will be OK bt the deputy manager. My knuckle still hurts now and is really painful at times. What steps could I take if any with the workplace. Thankyou Tina

    Ian Morris

    Were you aware that the resident in question could be violent or aggressive? Were you appropriately trained and equipped to work safely? If the employer failed to ensure that the risk of injury by resident assault was minimised, you could pursue a claim against the employers insurance for the injury to your finger.

    Our specialist Solicitors would be more than happy to discuss your enquiry in detail and advise you on the potential to pursue a claim. If you would like further advice, please provide additional information via the form on the start your claim page of our website. We can then call you and discuss this in more detail with you.

    Reply

    I have ruptured my ACL torn my meniscus and MCL doing my job. I work in a SEN school and we were short staffed that day. We also had an agency worker in with us. The agency worker didn’t know how to deal with the child so called me over. I moved the child across the room and while manual handling the child stopped abruptly so I did too so I didn’t hurt the child. As I stopped my knee gave out. I went to hospital the next day and have had MRI and since found out about the injuries mentioned above.
    Us being short staffed I feel is the reason behind this happening. Can you help?

    Ian Morris

    Being short staffed – if it is a one off and unavoidable situation due to sickness or similar – is unlikely to be something for which you can hold your employer liable. However, if a lack of staff has been a repeat problem that has been reported by staff members, is causing people to be at an increased risk of injury yet nothing has been done, then there is a potential for you to pursue action against your employer for the injuries you have sustained whilst at work.

    Lisa

    Thanks so much for your reply. We were always short staffed and had alot of different agency staff in with us but alot of the time we were always a team member down.

    Ian Morris

    Our Solicitors will now consider your injury and the circumstances surrounding the same.

    Reply

    I pulled my rib/shoulder area last year at work as my boss expecting too much from me when lifting a box. Now after a year (but not without pain) I am better but under a physiotherapist. But I am now concerned as my work seems to be putting more pressure on me and the stress won’t help either as I am scared it will happen again. Can you give me any advice?

    Ian Morris

    Is your employer aware of your injury from last year? Was an accident book record filled in at all? If an employer is expecting you to lift and move items within the workplace, it is imperative that the employer provides you with the appropriate manual handling training to ensure that you are working safely. If they have failed to do this, you can seek to pursue a claim against them for the injuries and losses caused to you.

    In terms of your future concerns, you should inform your employer in writing as to what worries you have and what help or assistance you need from them.

    Reply

    Please use the ‘start your claim‘ form on our website to make further contact and we will gladly investigate your situation with a view to pursuing a No Win No Fee claim for compensation for you.

    Reply

    I injured my knee at work. The injury was a direct result of the lights failing in the courtyard. I thought it wasn’t serious and worked the next few shifts, i did not fill in an accident form as believed it just a minor twist. On my days off the injury became worse and i attend AE. I was diagnosed with a serious tendon tear in my left knee. I have just returned to work after nearly 4 months off sick having physiotherapy.
    The work occupational health report requested management to complete an incident report so i assumed it was treated as an industrial injury. I was told yesterday it wasn’t because i returned to work after the accident.

    Ian Morris

    The fact that you didn’t report the injury immediately should not prevent you from pursuing a claim for compensation. Whilst an accident book entry at the time of your injury would have been useful evidence to support your claim, there are understandable mitigations as to why you did not – with particular reference to not initially realising the severity of your injury. It is not uncommon for injuries of a soft tissue nature, such as the one you have sustained, to not be immediately obvious in there severity and our Solicitors will be able to demonstrate this should you pursue a claim.

    As your injury was caused because the lights in the courtyard at work had failed, it may enable you to succeed with a claim for compensation.

    Reply

    Hi I had an electrical shock at work, I was instructed a light fitting was dead & safe to work on but I got switched on causing my shock/injuries, my foreman got the sack for telling us it was safe, but my employer has blamed us for not checking if it was live ourselves? It was proved dead on the Saturday but got switched on Sunday at the time of the accident… Even though the foreman told us it was safe,
    Is it worth starting a claim?

    Ian Morris

    Given the circumstances of the electric shock injury you sustained I am of the view that you should pursue a claim and I confirm that we would be more than happy to help you to pursue your claim for compensation. As you were advised by your foreman that the area was safe to work on, you have followed the instructions of a senior colleague and are not at fault for the incident in which you were injured.

    Reply

    Hi, my employer brought in a document he had typed up which was entitled a no trip policy. Basically disclaimer really saying that if an employee falls at work they can’t sue him. Is this even legal.

    I had a fall yesterday on an outside paving stone along a path which I have to walk along to get to the outside store room. The paving stone itself is all cracked and uneven. I wasn’t seriously injured just bruising to my ankle leg and hip. Surely the owner of the business is responsible for maintenance and safety of the building and grounds so employees don’t fall on neglected areas.

    Ian Morris

    Of course the business owner(s) cannot absolve themselves from liability should an injury or loss occur through their own negligence. In this case, it would seem that their disclaimer is absolute balderdash!

    As employees, you should make sure that ANY and ALL hazards within the workplace, both inside and outside, machinery, tools, equipment and premises are reported to the employer in writing. The employer is then on notice to ensure that items are repaired, made safe, that correct training is provided and risks of injury are removed.

    With regards to your accident yesterday, it is important to make sure that an accident book record has been made with the employer in order to ensure that there is evidence to confirm that you were injured at work. Ideally, you should document the cause of your fall too – some photographs of the damaged paving surface would be really helpful. If your injuries are sufficiently severe, make sure that you get medical attention to ensure that appropriate medical evidence is available to support you should you pursue a claim for compensation.

    If you would like our help to make a No Win No Fee claim, please call us on 01225430285. Alternatively, you can use our website to start your claim and get help that way.

    Reply

    I work as a caretaker while changing the bins around one bin jammed up and I ended up with a torn cartilage in my knee.
    I have reported the bins are dangerous but nothing gets done.
    Can I clam damages from my housing association?

    Ian Morris

    As you have reported an item that could cause injury and nothing has been done, we can help you to start a claim for the injury that the item has caused you.

    Reply

    I work for a major UK DIY chain. I injured my back at work lifting 20 heavy boxes of floor tiles. There were two of us lifting and moving them but i was then left to lift them on my own. I felt a huge jar in my back and pain but thought nothing more as i had nearly completed the task. I got home and felt in discomfort and could not move well. The following day was worse and the following day my doctor called an ambulance and i was taken to hospital. I informed my employers every step of the way and requested it be entered into the accident book. I stayed in hospital for a week and after an MRI was diagnosed with lower back deterioration (spinal stenosis) and a slipped disc. I returned to work later with a fit to return with no heavy lifting this after a lumber injection. This was largely adhered too but at times due to store requirements i was required to move manoeuvre heavy items on my own. I have subsequently taken out a grievance and requested all copies of my return to work interviews / doctors fit notes / riddor report etc and also for bullying as i felt i was placed into positions where i felt it impossible to say no or refuse to help or do as requested by a manager.
    I am now in contact with H/R having reported everything through them now and await my grievance hearing. However i am now being pressured to return to work only 5 weeks after major surgery and still under intense physio treatment and unable to fully bend and still in pain.
    I have advised that i will return to work only when 100% fully fit and not on light duties as i do not wish to be placed into the same positions that resulted in my urgent operation.
    I get the distinct feeling they now will consider my sickness periods and use this against me.

    Ian Morris

    In terms of your injury, there are questions to be asked of your employer in terms of whether the lifting you were expected to do was being done safely, whether you had been given the appropriate manual handling training, adequate assistance and equipment. With this in mind, you may well wish to exercise your right to pursue a No Win No Fee claim for compensation.

    In terms of your fitness to work, you are taking the right approach in making sure that you have healed properly before returning to your duties. You could discuss the potential for a short term change to a non lifting role within the store – perhaps on the checkouts or similar, that would enable you to return to work safely during the rest of your convalescence. However, if such options are not available and your Doctor continues to sign you off, you should remain away from work. Should your employers start taking concerning action towards your employment and absences due to your injuries, please liaise with us – one of our specialist Solicitor partners has an excellent employment law department and if you need advice on that issue, we can assist you.

    Reply

    You’re welcome!

    Reply

    After an accident at work I got a verbal warning for excessive time off. My employer uses the bradford scale. My doctor is sending me for a ultra sound scan. I work as a care assistant and the accident happened when manoeuvring a resident..

    Ian Morris

    If your employer has failed to provide you with the appropriate training to lift and move residents within the care home safely, or if they have failed to provide the appropriate lifting equipment or sufficient staffing help and you sustain injury as a result, you have a right to make a claim against the employer for the injury you have sustained.

    Reply

    Hi I injured my finger at work and my wrist, I told my employer but he hasn’t wrote it in accident book. I snapped my finger and tore it and chipped a bone in it. I went to hospital. I told my employer it had to be kept straight for 6 weeks and could he give me lighter duties at work, but I just ended up doing same work and my finger hasn’t healed.

    Ian Morris

    How did you injure your finger? You may well have valid grounds to make a claim for finger injury compensation and the lack of an accident book entry should not stop you from pursuing a claim.

    Reply

    On my first day at work I slipped on hay & several boxes on the floor. I fractured my right wrist & broke my right elbow. Several weeks now I can’t straighten my arm. I am limited to the use of my arm. I can still use my arm but it is very limited. Nothing has been reported in an accident book. Which I have asked a couple of times about and always just been told ‘yes we are dealing with it’.

    Since my accident I went back to work because I didn’t want to lose my job, so I’m managing with a disability.

    What is my position at this point? All has been recorded at Gloucester hospital. Where do I go from here?

    Ian Morris

    Your employer should have recorded the details in the accident book and the fact that they appear to have yet to have done so is a minor concern. I would recommend that you make your own report of the incident and injuries in writing and send a copy of that to the employer.

    In terms of your rights to pursue a claim for compensation, it does not matter whether you have worked for the employer for 10 minutes or 10 years, you have a right to pursue a claim against their insurance for personal injury compensation should the injuries be the fault of the employer or other staff. In this case, it would seem that you were injured by an accident waiting to happen and my initial view is that you probably have a valid right to make a claim for the seemingly permanent injury to your right arm.

    Reply

    On Saturday I got injured at work. My injuries were bad and I reported it to the senior and depot manager on duty that day. I was not given the option of going to A&E that day by my employer. I was in serious pain the following day, only to find that my manager had not reported the injuries and accident to riddor.

    Ian Morris

    Do you know if it was a RIDDOR reportable accident? If so, you could contact them yourself.

    In terms of your accident and injuries, please explain what happened so that we can advise further about a potential claim for compensation.

    Reply

    I was injured at work in2017 on a train and sustained life changing injuries, I took it to a solicitor but it went nowhere, I also was bullied by my manager and staff whom made my life hell, I recently found out the train guard failed to put in an accident report, the video footage was erased, I feel so let down by a huge company, I know the 3 years are up but is there anything I can do to make the company aware of what happened, a huge cover up, even the MD failed to acknowledge my letters many thanks karen, ps I work in Scotland

    Ian Morris

    In terms of personal injury, it is nigh on impossible to now do anything due to the fact that more than 3 years have passed since the accident. However, you could try to get the story brought to the attention of the public by getting it reported in the news media and then take it further with the railway company?

    Reply

    While performing my everyday duties I entered the plant room at work to monitor pipes /boiler that has being leaking for over a year. This issue has been reported regularly to the employer via emails, in pictures & video. On occasion water has been leaking onto live electrical equipment and this has also been videoed and the employer has been advised of the risks of water and electricity by email – but my concerns have been ignored.

    The leak was quite bad recently and I proceeded to climb a fixed ladder in the plant room walking through the flooded area (the water was approximately an inch deep) to see if I could get a better view of where the water was coming from. When I was about to step off the ladder onto the next level my foot slipped and I fell approximately two metres before I was able to grab one of the rungs and break my fall.

    In my opinion the rungs were slippery (possibly due to mould but not sure) from the dampness in the room along with my boots being wet. No footwear is supplied by the employer or training for working at height.

    I have been off work for a number of months with shoulder, neck and back injuries and I’ve had an MRI which shows rotator cuff damage to the shoulder.

    Would I have a case for neglience against my employer?

    Ian Morris

    The injuries you have sustained appear to be easily linked to employer negligence and as such, our specialist Solicitors would be happy to pursue this matter on a No Win No Fee basis.

    You appear to have given your employer every opportunity to reduce the risk of injury to you as you have reported the issue – both in writing and with images, yet the employer has ignored that and allowed a known risk to health to remain present in the workplace. Further, the employer has not provided you with the correct training or guidance to minimise the risk of injury whilst at work. This indicates that the employer has failed in their obligation to provide a safe working environment and that they are at fault for your injuries. As such, you should therefore pursue a claim.

    Reply

    Hi Ian I work on a membrane machine and on the 2nd of April one of my work colleagues trapped his hand and was taken to hospital by ambulance. The next day I was due to go in to work but I felt it was not safe so I told the site manager I would not be going into work until we have a safety certificate to say it is safe to use. We have a Health and safety officer at work and he fixed it and says it is fit to use. Does he need a safety certificate to say it is fit to use and am I within my rights to refuse to go in until they have one?

    Ian Morris

    So long as the employer has given you assurances that the machine has been checked and ‘signed off’ as safe, you should be fine to attend work. Your employer should be happy to show you a report from the Health and Safety operative who has confirmed that the machine is safe.

    Reply

    I had a fall from height recently at work and it looks like there’s a good chance I’ll be sacked next week over it.
    I was called by the weighbridge (not my dept) to assist a new driver in loading a tanker, I preceded to get up on top of the tanker but the guard rail was blocking the hatch thats used to fill the tank, I pulled it backwards (completely misjudging how near the back of the tank was) and slipped off the back of the tank. My knee was painful after about an hour and remained sore for the next few days, a week later and I’m in pain using stairs and kneeling down is really painful.
    I have since learned that there is a pole in the outload to move the guard into position prior to the tanker coming into the outload.
    In the investigation hearing I was asked if I’d had training for the task to which I replied I’d never been physically shown but whether or not I’ve signed something I’m not sure, she proceeded to show me a training record for 2016 that I had read to me and I’d signed.
    I need to point out this is a very infrequent task and that all of the other operatives that are asked to do it also can’t remember doing the “training” or the correct procedure….so much so that everyone has been told to refuse to do it until retrained.
    In my opinion the training isn’t adequate for such an infrequent task.
    They have pulled all my training records (working at hight, slips/trips/falls, etc) to basically tell me Im adequately trained but I’m not convinced.
    Baring in mind I have worked there for 16 years with an unblemished record do they have grounds for dismissal and would I be wasting my time with a claim?

    Ian Morris

    Although we are not employment law experts, I do not foresee a reason for your employer to dismiss you for the injury you have had at work and your conduct that led to the injury happening. It would not appear to be an act of gross misconduct.

    In terms of the training and cause of the injury, I think that this is a matter that would be of interest to our specialist Solicitors who could consider whether you have been exposed to an injury that would have otherwise been avoidable through a lack of or inadequate training. My initial view is that there is potential to pursue a claim.

    Reply

    Hi Ian. I currently have an ongoing claim against my employer for carpal tunnel syndrome. They are a non union firm and see fit to give me a hard time using bullying tactics, labelling me unpopular and difficult because I have brought a claim against them. I feel like walking away from my job. Is there anything I can do?

    Ian Morris

    Have you discussed this with your Solicitor? Your Solicitor could potentially write a cease and desist letter to the employer. Before you get to the point where you just resign and leave, you must make written representations to the employer about their conduct and harassment of you because you have made a claim. Whilst I doubt that will resolve matters, if the situation continues and you are forced to resign, you may then have grounds for a constructive dismissal claim against the employer.

    Reply

    If the injured party took it upon themselves to undertake work that you had not instructed them to do, or instructed them NOT to do, it is hard to see how they can succeed with action against you.

    It would be sensible for you to write a detailed report of the incident as you see it and if your other worker was willing to provide a corroborative view of your version of events, you would likely be able to successfully defend any such action.

    Do you have insurance? If so, you should contact them at the earliest opportunity to advise them of the incident and your version of events.

    Reply

    The insurance could still provide cover, but it will depend on the specific clauses within the insurance cover. Of course, if the insurance policy stipulates that cover is only in place when fully qualified and certified staff are performing duties, the cover may not be available and the insurers will leave the company to face liability. However, if there is no such specification in the cover, the insurance should pay out but the company may face some sanctions from the Health & Safety Executive and other authorities and their insurers will undoubtedly penalise them on their renewal premium at next renewal.

    Reply

    If you sustained an eye injury at work and were unable to safely drive home is it your employers responsibility to get you home safely?

    Ian Morris

    An employer does not have a legal duty to provide transport, but clearly, in such circumstances it would not be safe for an employee to drive and an employer would – if a caring and supportive employer – at the very least arrange for a taxi to get you home.

    Reply

    Good day I would like to know if a employee just injury his/her hand and finger and he/her must go to a follow up visit at the doctor must the company arrange transport to the doctor and back?

    Ian Morris

    Employers are not obliged in law to provide transport to and from medical appointments or urgent medical treatments, but must not prevent access to medical care or follow up appointments.

    Reply

    Hello
    I am a carer and while at a client and as I got up from a chair to make my way to the kitchen I twisted my knee. I informed my workplace about it but was informed that as I was not doing any manual handling of the client they were not at fault. This happened on the 4th of December 2020 and on the 25th of December I had to take myself to A&E as I had continued to work but by this time my knee and leg had swollen. I am in the process of getting physio but with the current climate this could be some time. What help if any should I be getting from my employer?

    Ian Morris

    It would seem that your employer bears no responsibility for the injury itself – there was no obvious negligence as it seems it was just an unfortunate accident. As such, the employer has no obligation to provide support – other than to ensure that you are able to take time off (whether paid or unpaid) to recover and obtain appropriate medical treatment.

    You can ask your employer if they have any light duty office work or similar that you could do whilst you are unable to work.

    Reply

    I work in a shop and am often in on delivery days so I have to unpack the stock and put the rubbish in the cages.

    When the cages get full, we are told to climb up the cage and lift our leg over into the cage and push the empty packaging down to make more room in the cage for more rubbish.

    The step that my employer provides is not high enough hence having to climb to get a leg inside the cage.

    A few years ago I had a shooting pain in my back when climbing / lifting my left over into the cage, since then I’ve been having days where my really hurts and this has been making my work tasks take longer.

    I recently raised this with my employer and they got me an appointment with a physio who did an “on the phone” assessment and gave me some exercise routine videos, these videos haven’t helped so far and hurt my back just as much,

    I would have thought an “in person assessment” would have been better,

    A friend told me that the employer is supposed to supply the correct tools for the job and that I shouldn’t have had to be climbing cages in the first place,

    Is there any advice you can offer on whether I should make a claim against my employer?

    Many thanks

    Ian Morris

    Your employer has failed you in expecting you to work in a dangerous manner. Their expectation for you to climb on the cages and place yourself at risk is employer negligence and they should have either prohibited such activities or provided suitable equipment to enable you to perform the task safely. With this in mind, you may well be able to make a claim for personal injury compensation.

    One important issue we must consider is limitation. That is that you must make a claim within 3 years of the date of an injury. In this case, you mention the shooting pains happening a ‘few years’ ago. If you have not previously attended your GP or sought medical help, you should do so now. It is good that the employer is now aware of your injuries and has attempted to arrange physiotherapy.

    We would like to speak with you in more detail regarding this situation so that we can identify whether can help you make a No Win No Fee claim against your employer. Remember that making a claim against an employer does not jeopardise your job or your rights to continue with the work.

    Reply

    Do I have a right to refuse to go back to work while I am still injured and the doctor gave me an temporary unfit letter which I served to my employer? My employer wants me to go back to work and I am not healed yet and the days I’ve been given by the doctor are not yet due. If I go back to work I must risk driving with one hand as I got injured on the left hand, my occupation is an mechanic in which I have to drive to different sites, so my employer threatened me that he wont pay me while I am not on duty due to my injury. I am under pressure I don’t know to do, as I am afraid to injure myself if I go back to work while I am not healed, please advise me what to do and what are my rights in this matter.

    Ian Morris

    If your Doctor has signed you as unfit to work and advised you NOT to work or NOT to drive, you should not attend work or drive.

    Reply

    Having had back surgery at the end of January and then back to work mid March, carrying out the same duties that I did before surgery. I have since had further issue with my back. Even though I followed all company policies and procedures, I have been informed it was my own fault. Is this the case or is my company at fault?

    Ian Morris

    It would be helpful if you could explain a little more about your work and the way in which you believe you have been injured? It would be helpful to know whether you have received regular ‘manual handling’ training from your employer? Did they provide you with such training at the start of your employment and then refresh that periodically since? Are you expected to lift items exceeding 25kgs without assistance or lifting aids? Are you provided with trolleys or other similar equipment to move items that are awkward or heavy?

    Alongside providing training to enable staff to lift safely and equipment to assist with moving of heavy items, employers must also provide a working environment that enables workers to follow safe lifting training and work safely.

    Don’t allow your employer to tell you whether your injury is your fault or not, they are not experts and are not independent! If you can provide further information to us about how long after you started work that you developed your symptoms and advise us of the issues we cite (see above), we can advise you further.

    Reply

    My friend used to deliver granite & marble for a small company (6 people). Earlier this year a piece of marble slid off his lorry whilst helping a business customer unload it at the customer’s premises. He was hospitalised immediately for 2 days, and off work for 10 weeks. His boss said he had cctv so there was no point in pursuing any kind of claim. He has since been dismissed from the company, and I said to him he should have seen a solicitor at the time. He has attempted to get the RIDDOR and any subsequent investigation report from his ex employer, but he’s getting told by his ex MD that was done by the customer, and he will try to get it from them for him. It’s now been 20 days but despite additional requests no information provided.
    How does he get the information to see if he was at fault as his ex MD inferred? Does his ex employer have a legal obligation to provide the information?
    Thanks

    Ian Morris

    The employer is not obliged to pass on such information, but there is no reason not to do so. In terms of whether or not there is a claim and who was at fault, it is not for your friends employer to be judge and jury as they are not independent and do not have a qualified legal view of the situation.

    This is a matter that needs to be considered in detail by a specialist personal injury Solicitor – such as those with whom we work. The best course of action would be for your friend to make contact with us directly so that we can obtain specialist advice for him and pursue a claim against his former employer should it be deemed appropriate to do so.

    Reply

    I slipped at work on a wet floor due to a fridge leaking and a tin fell on my head causing an inch cut to the top of my head. My employer only seemed to be worried about me getting back to work after 40mins my head was still bleeding a lot so I left to go to a&e.

    Ian Morris

    Please call us on 01225430285 – you have a valid claim that would appear to be strong and our initial view is that our Solicitors would be likely to succeed and obtain you compensation for the injuries sustained. In your case, if there is any permanent visible scarring, the value of the claim settlement would reflect that along with consideration of other injuries and loss of income or other incurred costs.

    Reply

    I had an accident at work that needed an operation to correct the problem but this operation has failed and I require another operation.
    Due to a mixture of sick leave and the Furlough system I haven’t worked for 10 months but due to lack of funds i need to return to work but will not be able to do my original job till after the next operation. The company has accepted full responsibility for the accident, can my employer refuse to find me another job and make me unemployed? Also since the accident was the company’s fault can I ask them to pay privately for the operation as it may take a long time before the NHS can do the operation?

    Ian Morris

    The only way that you can ensure that payment of any medical/rehabilitation costs is made by the employer is to make a claim against them for the injuries sustained in an accident at work. By making a successful claim, you would recover compensation for the injuries sustained and the pain/discomfort caused by them, recover any loss of income and also medical costs.

    If you have not already made a claim, please call us on 01225430285 to start your claim and get the ball rolling.

    In terms of your employer and whether they can dismiss you for being unfit to perform the duties you were employed to perform, they do have a right – after due process – to terminate your employment. However, the employer would only wish to do so if there was no realistic prospect of your return to work in the relatively near future. Given your situation, your employer will likely either find alternative ‘light duties’ for you to do until your next surgery, or keep you on sick leave until you have had surgery and are able to return to your pre-accident duties.

    Reply

    I have been off of work for one year after undergoing an operation due to a work place injury. My surgeon says I can go back on very restricted duties, but my employer says I am employed to do a certain job so there’s no work for me. They have said they will see if there’s anything else I can do but doesn’t look likely. Where do I stand?

    Ian Morris

    Whether or not the employer is entitled to refuse your return to work unless you can perform the duties you were initially employed to do is an employment law matter and should be addressed to a relevant specialist.

    In terms of your injury being caused at work, we can assist with a claim for compensation for the injury sustained including pain, discomfort and rehabilitation costs along with recovery of any loss of income caused by the absence from work.

    Reply

    My employer has regularly had my colleagues and I at work understaffed and fails to make much communication with us.
    Just under two years ago i had two operations on my right knee and due to the understaffing I’ve been struggling to keep up with the overflow of work and would not receive sick pay if I were to take time off (other than SSP).
    I’m very concerned that I may cause serious injury if I continue working under these conditions which my employer doesnt seem to be willing to rectify.

    What do you suggest I should do?

    Ian Morris

    You should make a written report to your employer – so that they are on notice and cannot deny being on notice – of your concerns and of the risks you believe you face. The employer is then compelled to review practices and if applicable, make reasonable adjustments to the working environment.

    Reply

    My finger was caught under a clamp for the guillotine at work. I had to go to hospital for treatment but was told to return to work. I enquired about using a days holiday to enable me to go home for the rest of my shift that day but policy is we aren’t allowed time off throughout September and they had light duties I could do.
    On 30th Sept I was sent home from work due to my injured finger as I kept knocking it. I have now been to see my GP with the pain who has given me an unfit for work note for 30 days. My problem is I’m not totally certain my employers have dealt with the incident correctly and accordingly. Or if they have even treated me fairly in the first place when the accident happened. Any advice would be greatly appreciated.

    Ian Morris

    Our specialist Solicitors can help in deciding whether your injury was caused through your error or because of a failing on the part of the employer. The Solicitors will want to know about the training you have had to use the machine in question and how the injury happened. It is no surprise that the employer is placing blame on your shoulders at this stage as you have had no representation or input in to their investigation.

    We would like the opportunity to speak with you to find out more about your work, what training you have had and how you were injured so that we can have this matter considered by our specialist Solicitors with a view to pursuing a claim for compensation. Our Solicitors can also consider whether your employment rights have been upheld or undermined and advise you on that.

    Reply

    Hello, I’ve recently hurt my back at work and had to take time off when I returned back to work one of the store managers said I was not to stack shelves, but other manager in the store made me do so which has resulted in my back being sore again. I’m wondering if that should be allowed due to having back problems?

    Ian Morris

    Whether or not you can or should lift is not a matter for any of the Management team at your workplace, but a matter for your GP. If your GP feels that you should avoid heavy lifting for a while, you should be provided with a conditional fit to work notice that indicates that you can work, but only on restricted duties.

    Reply

    I have a knee injury which doing certain duties at work worsens, I have attended the works physio and he has sugested i avoid the duty that causes my knees to hurt but my employer keeps putting me on these duties even after getting the report back. I have also had chats with them about my knees and the take me off the work for a week then roster me back on it the following week this does not help, what are my rights?

    Ian Morris

    You need to speak with your GP regarding your knee issue and see if they can provide a Doctors note for you to pass to the employer.

    Reply

    My son is an HGV delivery driver. Whilst using an electric pallet truck, it slipped on the wet tail board of his truck, resulting in his large toe (left foot) being dislocated. He went to A&E where they put it back in place. His employer has told him that he has to take at least 4 days off work and he has been told he will not get paid in this period and that he must claim SSP. Is this right?

    Ian Morris

    Although your Son was injured in an accident at work, the employer is not obliged to pay his usual salary – unless their contract offers such a benefit. The legal position is that an injured employee who is not afforded sick pay within their contract of employment must claim SSP for any qualifying period away from work.

    Your Son’s only option to recover the lost pay is to pursue and succeed with a claim for personal injury compensation arising from the injuries sustained in the accident at work.

    Reply

    I broke my leg at work due to a wet floor sign not being put up after the floor was mopped . Who is responsible the company that employs me or the cleaner who didn’t put sign up ?

    Ian Morris

    It would be most likely that the cleaning company contracted to undertake the cleaning at the workplace would be the liable party. You certainly have a valid right to pursue a claim for compensation due to the cleaning contractors failure to erect a hazard warning sign after making the floor wet.

    Reply

    If I had an accident on site and then the employer decides to say I’m not meant to be there to cover their backs am I entitled to claim?

    Ian Morris

    As long as the accident can be attributed to negligence, the details of any injuries have been reported and medical treatment received, you can pursue a claim.

    Reply

    Does an employer have an obligation to take you to the hospital if needed?

    Ian Morris

    An employer has an obligation to ensure that an injured employee is not denied the opportunity to seek medical treatment. In normal circumstances, sensibility should prevail – for a serious injury, an ambulance should be called or where the injury remains serious, but it is safe to do so, an injured employee could be transported to Hospital by taxi or in a company employees vehicle. Of course, in some circumstances, an employee may take themselves to Hospital.

    Reply

    Hi, what would happen if an employee is injured at work and broken their ankle but they are wearing the wrong footwear. The manager has already told the employee to wear appropriate footwear, and a short while later they are injured. How would situation be dealt with from an HR point of view? Thanks

    Ian Morris

    In this scenario, the injured person can still make a claim but is likely to have to accept an element of ‘contributory negligence’ (probably 50% or so).

    Reply

    Hi there.
    I suffered an eye injury whilst working on a bailer with no eye protection only thing is It was off the books (a trial period he called it) and was denied access to the accident book. No P60 no P45.
    They also had us working in unsafe conditions and put my life in danger more than once (demanding that I be lifted up to a height on the forks of the fork lift, to hang a wire over the rafters of the warehouse) no ropes or harnesses I have video evidence of this.
    I lost my job after persistently asking for the safer conditions and want to make sure no one else is out at risk.

    Ian Morris

    Was your injury sustained within the past 3 years and if you have had medical treatment for the injury you describe, we may be able to pursue a claim for you. Of course, having evidence to support the fact that the injury was sustained at the workplace could prove to be the difference in such a claim failing or succeeding.

    Reply

    I hurt my arm couldn’t work, told me could go home I walked in pain home on my own… Should company have giving me transport home?

    Ian Morris

    There is no legal requirement for an employer to provide transport for an employee. However, there is always the moral side of things that should have seen your employer ensure you could get home without undue distress.

    In terms of your arm injury, how did that happen and what was the injury? You may have a right to make a claim for the injury you sustained at work.

    Reply

    i injured my eye on Friday it started bleeding straight away, went to opticians after work i was asked to pay a fee for an ocular scan, should the company reimburse me?

    Ian Morris

    Your employer is not obliged to pay your medical costs under UK law. If you are injured in an accident at work and incur costs as a result, you could recover your losses and expenses by pursuing a successful claim for personal injury compensation. In your case, the cost of the scan would be recoverable under your special damages should you succeed with a claim.

    In order to advise you as to whether or not you have a valid claim against your employer for the injury to your eye, we need to know more about the work you were doing and how the accident happened. It would be good for us to have the chance to speak with you for a few minutes so that our team can help you to understand whether or not you can claim. Please call us on 01225430285 or make an online enquiry to get further help.

    Reply

    Hiya Ian
    I’ve dislocated my shoulder at work and it is now back in the joint and work want me to go back and basically do nothing. I don’t get paid for being off work and this would give me full pay but would this invalidate or make any claim weaker?

    Ian Morris

    It would not make any claim weaker or invalidate your claim. If you can do ‘light duties’ and therefore earn your usual salary whilst you recover from the injury to your shoulder, that is a good thing and will prevent you from having to stress unduly about lost income.

    Whether or not you can make a claim and whether or not a claim is weak or strong will depend on the nature of the incident in which you were injured. In your case, if negligence can be attached to the injury – whether that be the employer failing to provide you with adequate training, the correct equipment or some other form of negligence in the workplace, it is the cause of the injury that is key here. If you did have lost income and other costs to claim as well as injury compensation, that would not impact on whether or not your claim could succeed.

    Reply

    I was injured at work, I had to take time off on SSP. I have been given a return to work, sick note with amended duties. My employer has told me their are no light duties. I must go home and am back on SSP. Is this normal ?

    Ian Morris

    The employer does not have to provide light duties – if no light duties are available, they are with their rights to send you away on SSP until you are fit to work.

    You can recover your lost income by making a claim for work related injury compensation. Please call us on 01225430285 to discuss your accident at work and we can help you find out whether or not you can make a claim for compensation.

    Reply

    Hello, I was injured at work, after the injury they had stated I am to have a second man to assist me while I recover and they looked into getting me a back harness to support my back while at work. The back harness was denied, and the second man is only “as and when” one is available. I work as an alarm Engineer so when they cant get me a second man, I am forced to do the job by myself, which then causes me to have to have a half day as the pain is too much to do by myself and if I can only manage a half day this goes unpaid. Is there anything I can do? As they are not helping me recover after the injury.

    Ian Morris

    You can make a claim for the injury sustained at work – if the injury was not caused through your own fault. Please call us on 01225430285 or use our ‘start a claim’ page so that we can find out more and look in to the possibility of our Solicitors pursuing a claim for you on a No Win No Fee basis.

    Reply

    I slipped on a puddle of oil at work and injured my wrist and ankle. I got it put in the accident report form but my manager filled the form in incorrectly. The manager then told me to sign it the way she had filled it in. I pointed out that it was incorrect but she told me to sign it anyway. I refused and took the form from the table to photocopy it, and the manager snatched it from my hands which hurt my wrist even further and she refused to let me take a photocopy of it!

    I demanded a copy of the incorrectly filled in form and took the form back from her. She is now claiming I assaulted her, and I am now on suspension facing a disciplinary and a probable dismissal.

    Ian Morris

    We would like to hope that the suspension will end with you returning to work, once the employers realise that your Manager was in the wrong. It is important that you make written representations to them outlining what had happened and comment on being pressurised to sign an accident book report that was inaccurate. That in itself should result in an investigation in to your Managers conduct.

    It is vitally important that an accident book report is accurate, especially from the perspective of the person injured in the accident at work. Therefore you did the right thing in refusing to sign the report when it was not accurate.

    Reply

    Is it the employer or the employee’s responsibility to transport the employee to and from Physiotherapy?

    Ian Morris

    It is likely that getting to and from any therapy or medical appointments will be the responsibility of the person receiving the therapy and not that of the employer.

    Reply

    Hi I’m a beauty therapist. I’ve worked for a small business for over two years. I have an issue with my hand and neck due to to many massage and cleaning duties. I’ve raised my concerns to my employer, this goes back from 2017 till today. I’ve been referred to a physiotherapist and she said it looks like repetitive strain injury. She sent me for an Mri and also a nerve conduction test. Still waiting for results my doctor give me a fit note to say I can do other treatments but not massage. But my employer ignored the note and carried on giving me massage and lots of cleaning. After me telling my employer what the outcome could be. I’ve asked could they hire a cleaning service and to balance the work load they said they can’t afford a cleaner. There’s also another member of staff suffering from a similar problem but they don’t get lots of massages and don’t do any cleaning duties but they are a manager. I was then handed a letter to say that the doctors note wasn’t clear in what it meant and that they are a caring company and think it’s best I go on the sick and my column will be cleared and not to return until I get my results. As you can imagine this is financially affecting me and adding to a lot of stress, what can I do?

    Ian Morris

    We could ask our specialist Solicitors to review this situation for you and consider whether or not there is a realistic prospect of succeeding with a claim against your employer for the injuries to your hand and neck caused by your work.

    Reply

    Hi, I pulled my back out at work, the company physiotherapist said I’m not fit for work in any form till further reports are done. My work are trying to get me back in already, what do I do?

    Ian Morris

    If you have been advised by a medical professional that you are not fit to work, you should follow their advice and draw your employers attention to this. If you have a ‘sick note’ from your GP or health professional, you should ensure that your employer has a copy of the same.

    Reply

    After I’ve reported a accident at work involving myself can you tell me what responsibilities or actions my employer should take once the accident book has been handed in?

    Ian Morris

    Depending on the nature of the accident and the severity of the injury, your employer should take appropriate action.

    If the injuries are of a serious nature, a proper investigation should be conducted and if applicable, the matter should be reported to RIDDOR.

    Reply

    I had an accident at work 6 weeks ago while placing my tools into the metal cage provided by my employer, I sliced my finger open, there are areas on the cage which are sharp and there is not enough space to actually fit your hands. I went to hospital and had 25 butterfly stitches and glue, I was then advised by the hospital that i could not return to work for at least 10 days especially as my work involves heavy lifting. I reached out to my company to assist as I was worried about monetary deductions from my wage, I was told it doesn’t matter why I was off work I would not receive any monetary assistance. Today I have received an investigation report into the matter, 6 weeks after the incident, I had also not been informed they were investigating, stating that the reason for the accident was because I was rushing and there are no sharp edges on the cages. I have photographic evidence of the sharp edges and am shocked I am being blamed for this accident. Is there anything I can do?

    Ian Morris

    You can make a claim for compensation to seek damages for your injuries and any associated losses caused by your employers negligence.

    Reply

    Hi, using a sander at work, since this have a lot of HAVS symptoms. Been seen by various doctors, had MRI, results should be in monday.
    Colleague stated one of management said the tools haven’t been serviced since 2002! Had HAVS training not long after the incident.
    Been on light duties for 10 weeks. And have been signed off by doctor for another 6 weeks. Have appointment with plastic surgeon in DECEMBER!
    Been called to a meeting at work Tuesday 16th july to discuss ‘well being and if there are enough light duties’.
    Thinking going to be told not enough light duties to continue going in to work! Therefore will be on reduced/sick pay. (Wont be able to pay rent and bills etc.)
    Can the company do this?
    If putting in claim should the process start now or best to wait till results of MRI are through?
    I look forward to hearing from you.

    Ian Morris

    If you are medically unfit to work, the employer can review as to whether or not their are other suitable (light) duties for you to work. If they do not have such available tasks, they are within their rights to put you on sick leave.

    With regards to your HAVS symptoms, once you have had the MRI diagnosis, it would be sensible to start your claim. Given the employer only provided training after the onset of your symptoms, you could well be in with a good prospect of succeeding with any claim for compensation.

    We work with expert specialist HAVS solicitors and can help you. Once you’ve had your MRI results, please call us on 01225430285.

    Reply

    I burnt my hand on hot oil at work (I will admit that was my fault) but I wasn’t allowed to leave work to get treatment, nor allowed a break to go and get myself treated, even when I made myself clear that I intended to get treatment during my break. I had to remind management to write the incident in the accident book before I finished my shift, and went to a and e 8 hours after my accident occoured. Where would I stand on this?

    Ian Morris

    If the cause of the initial injury was your own fault, you can’t seek to claim compensation for the injury – even if the employer delayed you from getting access to medical treatment. You should however, take out a grievance against the employer for refusing you to leave for medical attention as that is not acceptable.

    Whilst you state that the injury was your fault, you could be undermining your own position. You should ask yourself whether your employer had correctly and sufficiently trained you in your work and whether they had provided the correct equipment and clothing etc to enable you to work safely. If you are unsure in anyway about who is at fault for your burn injury and whether or not you can make a claim for compensation after being burned at work, please make further contact with us.

    Reply

    I work on embroidery machine and the needle went straight through my finger. I went to hospital that day but had to return the next for surgery as the needle was to far in to be removed. So a small cut was made to my finger then 3 stitches were placed on it. I was allowed home afterwards. Has my boss got the right to deduct my wage for being in hospital for that day?

    Ian Morris

    Sadly your employer does not have to pay you for any time that you are away from work, whether that be due to injuries caused at work. The employer must not prevent you from attending Medical treatment, but they don’t have to pay you.

    In your case, you would be entitled to recover any lost income if you pursued a claim for accident at work compensation successfully. Given your job, you should have received specific training on the use of the embroidery machine and been advised of the risks of injury and issued with any appropriate personal protective equipment if applicable. If your employer has failed to do any of this, you should call us on 01225430285 or use the ‘start a claim’ page of our website to discuss your case with us further.

    Reply

    I had an accident at work where my foot slipped on a bit of debris plastic then my leg going under a trolley I was pulling. My leg went one way and my body went another resulting in my knee being locked. I’ve tried to go back to work but my knee keeps locking so I’ve had to take time off while the injured knee is investigated via scans. While I’ve been off my employer has not been in contact and payed me minimal sick pay. It has been put in the accident book and they have installed a cover to stop anymore plastic debris coming from the machine.

    Ian Morris

    Having taken your description of your accident at work at face value, my initial view is that you have a strong claim for accident at work compensation. Whilst your employer has paid minimal sick pay, that is their legal right. Indeed, the only way you can recover lost income after an accident at work in the UK is by succeeding with a claim for compensation against the employers insurance cover.

    Reply

    I had an accident at work yesterday , we work on aisles in a warehouse where there is racking at both sides with A4 boxes 5 high filled with heavy files, an employee in the next isle was on steps on top shelf and ended up pushing the box to far and it came tumbling down on top of my head. Went to tell supervisor and first aides came and I ended up at the hospital for CR scan which came out ok. Was sick twice in the night got up to go to work but my head was banging phoned work told me to go doctors. Doctor gave me sick note for a week and said not to go in work. I work for an agency and they said I will not get paid for the first 3 days then I will get SSP. It was their fault and I thought I would still get full pay but they said no. Can you advise?

    Ian Morris

    You have a valid claim for compensation. The fact that boxes can be pushed over the edge of racking from the other side would indicate that there are insufficient safety measures in place at the workplace. In fact, we deal with quite a lot of injury claims due to falling objects.

    Your employer is correct in that they don’t have to pay you your salary. As such, we could help you recover compensation for the injuries you have suffered and also recover all lost income caused by the accident at work. Please use the ‘start a claim’ page of our website to get your claim for compensation and loss of income recovery started.

    Reply

    i work nights at a supermarket filling shelves. the heavy lifting to get things on the top shelves which are above head height have caused me to be diagnosed with carpal tunnel syndrome in both wrists and tennis elbow in both elbows. what rights do i have? i am on light duties but to be honest even these are causing me pain in my wrists and elbows. i am worried about losing my job.

    Ian Morris

    You can claim compensation for repetitive strain injuries such as carpal tunnel syndrome if it can be shown that the condition has been caused by employer negligence. In your case, you have been diagnosed and are receiving treatment. As such it may be possible to claim compensation for the symptoms you are suffering with. Please use the ‘start a claim’ page of our website and we’ll then be able to help you further.

    Reply

    If I’ve had a accident at work and the injury is ongoing and after my employer sends me to an occupational health advisor and is suggested that it would be unsafe for me to return to work and my employer decides to dismiss me from my job what am I entitled to?

    Ian Morris

    In the scenario you describe, your options to seek some redress or compensation for the implications of this to your future is to pursue a claim for personal injury compensation. As you were injured in an accident at work, you can make a claim for accident at work compensation if the cause of your accident rests with employer negligence or the negligence of someone else.

    Reply

    I was injured at work and put on light duty. Then I was re-injured while on light duty because my supervisor had me do something outside of my restrictions. Shouldn’t my job be help responsible for this? They are now trying to put me out with a medical qualification.

    Ian Morris

    As you were injured at work, your first consideration should be whether you can hold them responsible for your injuries and if so, pursue a claim for compensation. Under UK law, employers have a legal obligation under the Health and Safety at Work Act to provide a safe environment for workers and to ensure that the risks of injury are minimised as far as practically possible.

    In your case, you need to consider how you were injured at work and whether or not you can hold your employer liable for the incident that lead to your injuries. Perhaps your employer has been negligent and not provided sufficient training, support or failed to provide the correct equipment needed to enable you to work safely?

    Under UK law, if you can successfully pursue a claim for compensation for the first injury and possibly for the subsequent worsening of that injury whilst on light duties, you would potentially be able to recover a considerable settlement as it seems as if you are no longer fit to work and would be able to recover future loss of income as a result.

    Reply

    l am a parking marshall and was hit by a car whilst on duty leading to a fracture. I was operated on and have a plate inserted in to my leg.

    My employer took assistance of all my medical bills but are now refusing to sign my accidental workers compensation form. They claim they are the ones who payed my bills so the compensation should be awarded to them! Is this possible? I understand they know nothing concerning this and can they be a life time compensation since this is a permanent injury?

    Ian Morris

    Your employer maybe entitled to recover some of the costs that they have paid, but they would not be entitled to keep any element of compensation made towards you for the injury you have sustained and any future repercussions associated with that.

    Reply

    Hello Ian, I’ve suffered a work accident where both parties me and my employer could be blamed. As an outcome I have a torn ligament in my right forearm. I’ve returned to work within 4 days after the incident. Have been working since however I am in constant pain. I was repeatedly asking for any sort of medical help possible from my company. Not much luck. Only a signed form been sent to occupational health. My employer seems to leave me absolutely alone with my struggles. I don’t want to use my ‘sick pay’ in case of an event of surgery I am facing (according to the muscle specialist report). What am I supposed to do in this situation?

    Ian Morris

    The employer is not liable to provide any medical help as that will be provided by the NHS or your own privately funded medical professional. The employer must allow you to seek any relevant medical attention and attend any prescribed courses of treatment or therapy sessions.

    Reply

    My mother was injured at a nursing home by a patient. Took a blow to the knees. She reported it immediately and asked to get sent to see a doctor. They refused to send her and she asked again same day because she had no health insurance. They said no and made her sign a paper that supposedly said they are not sending her. Turned out the paper said she refused to go to the doctor. She is in pain every day and had to quit the strenuous job. Can she do anything about it?

    Ian Morris

    If the care home have failed to adequately protect your Mother and other residents from the risk of injury by a fellow patient with a known history of aggression she could seek to make a claim against the care home on a breach of duty.

    Reply

    Can an employer force an employee to go to hospital following an accident? Is it just a case of recording that advice was provided and refused, and that if necessary the employee was removed from duties for that day?

    Ian Morris

    Nobody can force any person to go to Hospital. Of course, an employer can recommend that an employee should go to Hospital and they should record the details of any such conversations within the accident book record taken regarding the actual accident.

    An employer does have an obligation to make sure that any person who is injured and not fit to be at work is not at work.

    Reply

    Hi I had a industrial injury at work and as a result injured my shoulder . My employer allowed me to work an alternative role which I have been doing for several years . They are now re appraising the role and saying unless I can go back and work in my old role , I will have to take a large pay cut . Can they do this ?

    Ian Morris

    Although you were injured in an accident at work, the issue you now have is no longer a personal injury matter but requires the advice of an employment law specialist.

    Reply

    I have suffered sciatica due to the lifting of bags that must weigh three or four stone repeatedly whilst at work. One of the main problems is the height that the bags need to be lifted to put in the communal bin. I drive a dustcart and my job description is loader/driver.

    I needed four weeks off work and then went back and told my boss that I needed light duties as I still haven’t recovered and that I won’t be able to do bin lift for a while. However, I was put back on bin lift on my first day back. I am refusing to lift/push or pull anything but they keep telling me I have to get out and help, I gave my notice out of anger and now they won’t let me retract it. They are trying to force me to do the work that caused my siatica in the first place. Does my employer have no responsibility to give me lighter duties?

    Ian Morris

    Employers are not obliged to provide light duties, but they must see if there are such light duties available. If there are not light duties available, the employer should allow you to remain on sick leave until you are deemed fit to work (unless a sufficient period of ‘sickness’ has passed and you are still not fit to return in which case they could seek to terminate employment on the grounds of ill health).

    If your case, the way your employer is tasking you with lifting heavy items may be in breach of safe lifting requirements and even if you had received manual handling training, you may not be able to follow such training due to the working environments and methods of operation and cannot therefore lift safely. As such, you are likely to have a valid claim for work accident compensation.

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    I have been a postal worker for 10 years and have had a bad back for 8. It has recently got so bad that i am now off work and have been for 6 weeks. It is not from a particular incident, just years of carrying heavy bags. There appears to be no occupational therapy and no help with physio and the union are being useless. I am desperate to get back to work but am getting no help. They just make threatening phone calls. Are Royal Mail obliged to help with my treatment or at least refer me to an OT? Would I have a claim for a low level long term injury?

    Ian Morris

    The employer ought to be referring you to an occupational therapist on the basis that you are alleging that your injury/pain is being caused by the nature and conditions of your work. You should contact the HR department to pursue this further.

    With regards to a claim against the employer, you could struggle here as there is a strict time limit relating to make a claim. In answer to ‘how long have I got to make a claim’ the answer is 3-years and the 3-year limitation date starts on the date of an accident or the date at which you became aware of an injury. As you have been suffering with symptoms for 8 years or so, this could present problems in your case.

    Larry

    Thanks so much. Really helpful. I will keep on at HR.

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    Had an injury in work spent three weeks in hospital. Fractured back. Since then had a visit from the h.s.e. he made a report and told me that he had found safety breaches at the site, told me to get a solicitor. What’s my chances of an injury claim?

    Ian Morris

    If someone from the HSE is telling you that you should instruct a Solicitor, it would appear that you have a valid claim for work accident compensation. We would love to help you with this serious matter. I’d only need a few minutes on the phone with you at the outset in order to be able to then identify the right specialist Solicitor with relevant experience to pursue this claim for you.

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    I recently had an accident at work. I slipped on a loose / poorly fitted drain cover. I have submitted a personal injury claim as a result. i was paid in full for the time I was away from work recovering from my injury. After my employer found out about the claim, there has been the suggestion of not paying me my full wage and I get the impression that they want me to withdraw my claim and are very subtly trying to get me to do so. This is making me feel like they are using this against me and has all the hallmarks of seeds sown in a constructive dismissal. What is your view on this ?

    Ian Morris

    If your employer paid you in full whilst you recovered from the injuries sustained in your accident at work, that is a good thing. The fact that you received pay in full would indicate that your contract with them entitles you to such arrangements. If this is the case, they cannot seek to recover that from you at a later date. They can however reach a time where they no longer have to pay you your full salary if you are unable to work due to your injuries. There is no legal obligation for an employer to pay full salary to employees who are unable to work through illness or injury – even if that injury was suffered in an accident at work. The standard practice is for workers to be placed on to Statutory Sick Pay (SSP). In such cases, a worker can seek to reclaim their loss of income by way of making a claim for accident at work compensation and if successful, recovering lost income and costs through a special damages part of her claim. Whilst it can make it hard for staff having to cope with a loss of wages after an accident at work, at least they do have the right to seek to reclaim them during the claims process.

    You must remember that you have a legal right to make a claim for compensation against your employer if your injuries were caused by the negligence of your employer. As your claim is progressing and being pursued it would appear that you have a valid claim and as such, your employer has no right to pressurise you in to dropping the claim and making you feel guilty about exercising your legal right to seek a settlement award to cover your injuries.

    It is common for people claiming compensation against an employer to feel anxious and concerned about how their claim may affect their employer. With this in mind, it is understandable that you feel vulnerable and it is likely that your concerns are unfounded. However, if you have genuine concerns that your employer is trying to force you out you should seek legal advice from an employment law specialist at the earliest opportunity. You should also raise your concerns with the HR department of the employer.

    Dave

    Thanks for the info. Really helpful.

    Reply
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