Employer Responsibilities & Negligence After a Work Accident

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Quick Answer

Employers have strict legal responsibilities when an employee is injured at work. These include recording the accident, providing immediate medical assistance, and ensuring a safe environment to try to minimise accident & injury risks in the workplace. When an employer fails to uphold this duty of care, it can be classed as negligence, giving an employee injured in such circumstances the legal right to claim compensation for their injuries.

This guide explains both your employer’s responsibilities and your rights if they have been negligent.

Key Takeaways:

  • All accidents, no matter how minor, must be recorded in a workplace accident book.
  • Employers should provide prompt first aid and allow access to medical care..
  • Serious incidents must be reported to the Health and Safety Executive (HSE) under RIDDOR.
  • A failure to meet legal safety standards is employer negligence.
  • Employees are legally protected from dismissal for making a legitimate personal injury claim.
  • Compensation settlements will cover injuries, lost earnings, and other expenses.

What your employer should do after an injury at work

  • Record the incident (usually in the accident book) and keep basic details.
  • Provide first aid and arrange medical help if needed.
  • Investigate what happened and take steps to prevent it happening again.
  • Preserve evidence where relevant (eg CCTV, maintenance records, training records).
  • Report certain serious incidents under RIDDOR where required.
  • Cooperate with a claim if the injury was caused by negligence (usually handled by insurers).

Free Claim Check – Get Advice Today

Not sure if you’re eligible to make a claim? Our claims expert Ian Morris can review your situation and give you confidential, no-obligation advice.

Our advice is free, and we’re here to support you every step of the way. Drop us a line on 01225 234387 or get in touch via our contact form to learn how we can help you.

Employer’s Legal Duties After a Workplace Accident

When an employee suffers an injury at work, their employer must follow specific legal obligations. These responsibilities are not optional; they are enshrined in UK law to protect workers and ensure accidents are managed properly. 

According to the HSE’s 2024/25 summary of fatal injuries, the importance of these duties is clear, as workplace accidents tragically still occur every year. This duty of care applies whether the accident occurs on company premises, a client’s site, or anywhere else during work-related activities.

Accident Recording and Reporting

The first crucial step is documentation. Every workplace accident, however minor it may seem, must be recorded in the company’s accident book. This entry should detail what happened, when and where it occurred, the nature of the injury, and who was involved. It’s important to know that you can still make a claim even if there is no accident book record. If you’re denied access to the accident book, you should seek legal advice.

For more serious incidents, employers have a mandatory duty under RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations) to report the incident to the right people. An accident must be reported to the HSE or RIDDOR if it results in an employee being unable to perform their normal work duties for more than seven consecutive days.

Medical Support and Care

Employers should ensure immediate access to first aid. This means having adequately stocked first aid kits and trained first aiders available. For more serious injuries, they should assist in arranging professional medical care without delay.

Support for employers must continue during recovery. This includes ensuring injured employees receive Statutory Sick Pay (SSP) if eligible, maintaining reasonable communication, and working towards the employees safe return to work.

Investigation and Prevention

A thorough investigation should be launched promptly after an accident at work. This is not about assigning blame but about understanding the root cause so that an employer can prevent an accident from happening again. A proper investigation helps to:

  • Identify and rectify hazards reducing the risk of a repeat of the same accident.
  • Review and update risk assessments.
  • Gather evidence for insurance and legal purposes.
  • Demonstrate compliance with health and safety law.

What is Employer Negligence?

While employers have clear responsibilities, what happens when they fail to meet them? This is where the legal concept of employer negligence becomes critical.

Employer negligence is the failure of an employer to uphold their legal “duty of care,” resulting in an employee’s injury or harm. The Health and Safety at Work etc. Act 1974 mandates that employers must protect the health, safety, and welfare of their staff “so far as is reasonably practicable.” A breach of this duty is the foundation of most work accident claims.

Negligence isn’t just about a one-off mistake. It can be a systemic failure, such as failing to provide training, neglecting to service machinery, ignoring safety complaints, or fostering a high-stress environment. If an employer knew (or should have known) about a risk and failed to take reasonable steps to prevent it, they are likely to be found negligent. This applies to all staff, as agency workers have the same rights as permanent employees.

Common Examples of Employer Negligence

Negligence can take many forms. Some of the most common examples we see include:

  • Inadequate Training: Failing to provide proper training for tasks, especially those involving machinery or manual handling.
  • Unsafe Machinery and Equipment: Not maintaining, repairing, or replacing machinery, tools, or vehicles that are known to be faulty.
  • Missing or Inadequate PPE: Not providing essential Personal Protective Equipment (PPE) like safety goggles, hard hats, high-visibility jackets, or gloves.
  • Unsafe Workspaces: Poorly maintained environments with hazards that can lead to slips and falls, which are the most common cause of non-fatal injuries reported by employers.
  • Failure to Conduct Risk Assessments: Not identifying potential dangers associated with a job and implementing measures to control them.
  • Repetitive Strain Injuries: Improperly designed workstations can lead to conditions like carpal tunnel syndrome.
  • Exposure to Harmful Substances: Lack of protection from chemicals or fumes that can cause chemical burns or respiratory conditions.
  • Excessive Noise: Failure to manage noise pollution, which can result in long-term hearing damage.

Employee Rights After an Accident at Work

If you have been injured at work, it’s vital you understand your fundamental legal rights.

Core Legal Rights

  • The Right to Claim Compensation: If your injury was caused by your employer’s negligence, you have the right to make a personal injury claim.
  • The Right to Statutory Sick Pay (SSP): If you are unable to work, you are entitled to receive SSP, provided you meet the eligibility criteria.
  • The Right to Return to Your Job: Your employer should hold your position for you while you recover.

Access to Documentation

You have the legal right to request and receive copies of documents related to your accident. This includes reviewing any details recorded in the accident book, the RIDDOR report if one was made, and any relevant risk assessments. This information is crucial evidence for your claim.

Protection of Your Employment

It is illegal for your employer to treat you unfairly, discriminate against you, or dismiss you for making a legitimate personal injury claim. Your employment rights are protected. If you feel you are being victimised or threatened with disciplinary action after an accident, you should seek legal advice immediately.

How to Prove Employer Negligence and Make a Claim

A successful claim will be made when a Solicitor proves that your employer breached their duty of care and that this breach directly caused your injury. Here is how the process works.

Step 1: Immediate Steps After an Incident

Your health is the priority.

  1. Seek Medical Attention: Get first aid immediately and see a doctor or visit A&E if necessary. This ensures you are treated properly and creates an official medical record of your injuries.
  2. Report the Accident: Make sure the incident is formally reported to your manager and recorded in the company’s accident book.
  3. Talk to Witnesses: If anyone saw what happened, get their names and contact details. Their account can be powerful supporting evidence.

Step 2: Gathering Evidence to Prove Negligence

Having evidence to back up your claim is key.

  • Photographs: If possible, take photos of the accident scene, the faulty equipment, or the hazard that caused your injury. Also, take photos of your visible injuries.
  • Documentation: Keep a record of everything. Note down exactly what happened, the dates you were off work, and any costs you’ve incurred.
  • Official Records: Your medical records are crucial, as is the accident book entry. Your solicitor can help you obtain these.

Step 3: Starting Your Claim with Legal Advice

Navigating a personal injury claim alone can be daunting. A specialist solicitor can manage the legal process for you, including handling the form of authority and other paperwork. At Direct2Compensation, we can assess your case for free and advise you on your chances of success. If we believe you have a strong claim, we can represent you on a No Win No Fee basis.

Call us today on 01225 430285 for free, expert advice or request a call back through our website.

What Compensation Covers

Compensation is calculated in two parts to ensure it covers all aspects of your suffering and financial losses.

  1. General Damages: This is compensation for your pain, suffering, and “loss of amenity” – which includes any psychological effects the injury has had on your quality of life.
  2. Special Damages: This is a reimbursement of all financial losses you have incurred. This can include:
    • Lost Earnings: For any time you’ve had off work, especially if you have been relying on just sick pay.
    • Medical Costs: Such as prescription charges or private treatment costs.
    • Rehabilitation and Therapy Costs: To aid your recovery.
    • Travel Expenses: For trips to medical appointments.

Accommodating Your Return to Work

A good employer has a duty to support your return to work. This often involves making temporary adjustments to your role while you recover.

Modified Duties for Physical Injuries

If your usual job involves heavy lifting, long periods of standing, or other physically demanding tasks, your employer should offer suitable alternative duties. This could mean temporary office-based work or adapting your current role to exclude strenuous activities.

Adjustments for Psychological Injuries

The same principles apply to mental health conditions like work-related stress or anxiety. An employer should consider reducing exposure to triggers, modifying your working patterns, or providing additional support.

Benefits of a Phased Return

This approach is beneficial for everyone. You can continue to earn your full wage while recovering, maintain work relationships, and gradually rebuild your confidence. For the employer, it reduces absence costs and retains a valuable member of staff.

Not sure if you can claim?

That’s exactly what we’re here for. Speak to our friendly legal team today for free, no-pressure advice.

Frequently Asked Questions

What if my employer has gone out of business?

You can still seek to make a claim. All employers are legally required to have Employers’ Liability Insurance. The claim would be made against this insurer, not the defunct company itself.

How long do I have to make a claim?

In most personal injury cases, you have three years from the date of the accident to start a claim. For industrial diseases, the three years start from the date you knew, or should have known that your injuries were caused by your employment – this could also be the date that you were formally diagnosed by your Doctor.

Can I be sacked for making an accident at work claim?

No. It is illegal for your employer to dismiss you or discriminate against you for making a legitimate compensation claim. Your employment is protected by law.

What if the accident was partly my fault?

You may still be able to claim. This is called “contributory negligence.” Your compensation amount may be reduced by a percentage to reflect your share of the responsibility, but it rarely prevents a claim entirely.

What does No Win No Fee mean?

It means you do not have to pay any legal fees if your claim is unsuccessful. If you win, you contribute to a success fee from your compensation if there is a shortfall in fund recovery.  If so, this is capped by our Solicitors at 25% and not a penny more.

How long will my claim take?

A straightforward claim where liability is admitted may settle in around 6-12 months. More complex cases, or those where the employer disputes responsibility, can take longer. Your solicitor will keep you updated during the process.

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Comments & Questions

Read on for questions and advice about claiming...

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
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