Should I talk about my compensation claim with my employer?

We would certainly like to speak with you as you may well be able to make a claim. We’d like to find out more about your accident at work, learn more about your training and what experience you had of using the machine in question and what PPE provision your employer had in place. Of course, in hindsight, placing your hand in to the mixer to retrieve an item was not the best idea, but that does not mean that you cannot make a claim. We would like to know more about what it was that went in to the mixer and how that happened so that we can further advise you. Even if you were to have to accept some element of contributory negligence, you would still be able to make a claim and we’d like to help you with that.

Please call us on 01225430285 or use our website to request a call from us.

You do not need to inform an employer that you are making a claim for personal injury, but it is important that you report (and put on record – in writing) of any injury caused within the workplace. This would apply to injuries caused by equipment provided by an employer – such as your headphones or due to workstation set up or injuries sustained in accidents or due to inadequate training.

Further, your employer cannot legally dismiss an employee who reports an injury sustained at work – unless they sustained their injury as a result of their own misconduct and are subjected to a formal disciplinary process. As you appear to have worked for the employer for over 2 years, you are protected by employment law.

If you had worked for the employer for more than 2 years at the time of the incident, there could be grounds for an unfair dismissal claim – but you would need to act very quickly to ensure that you were within the 3 month limitation on employment law claims. We have specialist Solicitors who can assist you in this area and if you would like to discuss your dismissal and the legalities (or otherwise of the same) with them, please let us know.

As for the hip injury, we can consider whether or not you can pursue a separate claim for personal injury compensation against the employer. You have 3 years to pursue such a claim and the first thing we need to do is understand how you were injured and what happened. We can then ascertain whether the employer has been negligent in anyway in terms of appropriate training, adequate equipment provision and advise you as to whether or not you can make a claim.

An employer cannot recover your wages from your claim. If you receive sick pay whilst off work, that is an agreement between your employer and yourself but if you do receive your usual salary, you cannot recover loss of income in your claim as you have already received it.

When a claimant takes action and pursues a claim for compensation, the defendant should not correspond with the claimant directly (unless the claimant is representing themselves and does not have a specialist No Win No Fee Solicitor acting for them) and must address all correspondence relating to the claim to the claimants legal representative.

You have 3 years from the date of the accident to make a claim, so you can delay the process at this time. It is always ‘best’ to proceed with a claim at the earliest opportunity, but in your case as long as the details of the accident and injury are recorded and the cause of your slip noted, delaying the claim until the spring of 2021 would be unlikely to damage your prospects of success.

If you would like to speak with us, we can take some initial information and place the claim on hold and diarise to contact you next Spring to see if you wish to formally start the process.

You most certainly have rights to pursue a claim if an employer has been negligent and caused you to sustain injury. Your description of the situation leads us to an initial view that you have a valid claim for hernia compensation that should be pursued. We would like to assist you in doing so.

You cannot be sacked or discriminated against for pursuing a claim for compensation so long as you are acting honestly. Indeed, when you have instructed a Solicitor to act for you, your employer or their insurers cannot discuss the claim with you and would need to go directly to your Solicitor. Should an employer or manager attempt to pressure you or divert you from pursuing your legal right, your Solicitor would be able to assist in forcing them to cease such activities.

We look forward to helping you exercise your legal rights to pursue your claim for compensation.

In your case, you have clearly suffered a serious fracture and the fact that you have still not recovered fully and may well face surgery, indicates that the injury is having a big impact on your day-to-day lifestyle and happiness.

You do not need to discuss your intentions to make a claim with your employer. Of course, you can do if you wish, but in all honesty, you can simply allow a specialist Solicitor – such as those who represent our claimants – to pursue your claim and liaise with your employers insurers. Remember, you are not claiming against your colleagues or those who work in the school, but against their employer liability insurance policy.

We would very much like to help you and look forward to hearing from you.

Any claim would be made against the defendant insurers – in this case, not your employer but the 3rd party. Any claim would be private and the only possible area of contact with your employer that I could see at this stage would be a possible need for them to confirm that you were driving that vehicle at the time.