Injured At Work? Understand Your Rights And How To Claim Compensation

It would seem unlikely that your employer would terminate your employment for taking some additional leave due to a flare up of symptoms from a recent injury.

You may have grounds to pursue a claim against your employer for their failure to ensure that the worksite was safe by not gritting or clearing ice from the car park. Our Solicitors have successfully pursued a number of identical claims against employers who have failed to ensure safety in icy conditions for their staff. If you would like this matter to be appraised by our specialist Solicitors, please call us or use our website to make further enquiries.

You should put your concerns and request for a risk assessment to the employer in writing. This is vital as this ensures that the employer cannot say that they were not made aware of your situation and concerns. Relying on verbal communication is insufficient as this enables wriggle room and dishonesty should things go badly.

As your injury can be attributed to inadequate training on the part of the employer, we can clearly argue that your injury could have been avoided if your employer had not been negligent. As such, we feel that you do have a valid claim and our specialist personal injury Solicitors will be able to claim compensation for your injury on a No Win No Fee basis.

In terms of claim settlements, the value for thumb injury claims can become substantial. The thumb is a vital part of the hand and if the strength and dexterity of the thumb is impaired long-term, the value of a claim settlement may increase considerably. Further, in your case, you also have lost income and other costs to recover and our specialist Solicitors would ensure that your rights were upheld and that any recoverable costs or losses were accounted for in any settlement should you succeed with your claim.

What caused you to injure your ankle? The number of deliveries that you perform is irrelevant in terms of any claim for personal injury, so we need to identify a hazard in the pavement or some form of disrepair to the ground or vehicle issue to enable a claim to proceed.

If you have provided a Doctors note regarding a pre-determined period of absence from work, your employer should not contact you in that period – other than a polite check in with you to see how you are doing and whether the recovery is going well. If your employer is contacting you in a pressuring manner in a bid to force you to return to work earlier than the Doctor suggests that you should, the employer is breaching a duty of care towards you. You should raise this issue with Senior Management and the HR department at your workplace if this is happening.

In terms of your rights in general, if your carpal tunnel syndrome was caused by your work, you have the right to pursue a claim for compensation for the pain and discomfort caused by the injury, the impact of the condition on your personal life and to recover any lost income caused by the condition or time off due to surgery. Our Solicitors have specialism in such repetitive strain injury claims and can pursue your Carpal Tunnel Syndrome claim on a No Win No Fee basis.

It is unclear who would be held liable and it could even be that both parties – your employer and the 3rd party company are found to share the liability. Until the incident is fully investigated and a claim is processed, it is unclear as to whether your employer has handled and stored the crate correctly or whether the 3rd party company had ensured that the crate supplied was in good order when it was dispatched to your worksite. One thing that is clear is that there is a valid claim to pursue here and you should start the process with us at the earliest opportunity.

In reality, you should not be concerned as to who the claim will be made against. Your injuries are serious, with life long consequences and you are fully entitled to be appropriately compensated for such pain, discomfort and for the future restrictions that your injury will cause you. Regardless of whom the claim is against, your employment will not be effected and you should not worry about your job or any employment rights.

Our specialist Solicitors will ensure that your claim is handled expertly and that the full extent of your injuries and losses (such as lost income) are accounted for and recovered in your final compensation settlement.

You should still be able to pursue a claim for personal injury compensation as a result of your injury. Whilst your employer is dealing with your loss of employment appropriately via a redundancy agreement, that will not include personal injury damages. Of course, you should carefully read the agreement you are being asked to sign to ensure that there is no clause within the agreement that will prohibit a claim for personal injury. If there is no such clause, you can sign the agreement and contact us to further discuss a potential claim for personal injury compensation.

The only impact of the redundancy would mean that you would not be entitled to future loss of income in any claim as the redundancy settlement would be seen to have covered the employment and income situation. You may have some lost income in the previous year that could be claimed for along with a settlement to cover the impact on your mobility and physical well-being caused by the injury to your back.

Have you ever requested a work station assessment from your employer? If it can be shown that you have complained about the chair and the employer has done nothing – or if the chair in question is not fit for purpose and your GP directly links your piriformis syndrome to the chair you sit on at work, you would be able to claim personal injury compensation and recover lost income or incurred costs.

We think you have valid grounds to pursue a claim for personal injury compensation. Please call us on 01225430285.

The employer or site contractor (whoever had responsibility for the operations on the site) has a responsibility to ensure that all staff are working in accordance with their qualifications and licences to operate various machinery. Construction site digger operatives must have a relevant digger operating licence to be able to legally operate a digger and as the employer has failed to ensure that you are appropriately trained and certified to work on such a machine, they have been negligent and you have a right to make a claim for compensation against the insurance cover that the site has to have to cover construction site accidents or accidental damage to property or utilities. As you would have known that you were not appropriately trained and qualified to operate the machine, you may face having to accept an element of contributory negligence, but given the severity of your injury and ongoing problems caused by your foot, it would still be very worthwhile to pursue a claim for compensation.

As long as you remain employed, you would need to follow the contractual obligation with regards to any notice period.

If you would like our help in making claims for personal injury compensation and loss of income as a result of your accidents at work, please call us on 01225430285.

Sadly, the law does not require your employer to continue to pay your full salary for any period beyond their own contractual agreement with you. This is the case whether you are off work as a result of an accident at work or for any other reason. In many ways you have been fortunate to receive full pay for 3 months as the majority of people are immediately left to survive on statutory sick pay if they can’t work as a result of injuries sustained at work. However, it is an unfair situation and you are now left with an additional worry alongside your injury – having to cope with a loss of income.

Whilst this situation is clearly a worry, there is a potential route to recover any loss of income and this is something we can help with. If your injuries were caused through no fault of your own, we can help you to make a No Win No Fee claim for personal injury compensation against your employers insurance cover. If successful with a claim, not only would you be compensated for the pain and discomfort caused by your knee injury, but you would also be able to recover loss of income and potentially also recover the costs of private post surgery rehabilitation therapy.

Of course we need to know more about your accident at work in order to be able to ascertain whether or not you can pursue a claim, but you may well be able to do something about your situation.

In the period that you have worked for the employer, have you made any written request to the employer for a work station assessment or for a more suitable work station set up? If you have and the employer has ignored the report or failed to act upon your request, you are likely to be able to make a claim for personal injury compensation.

You have been injured through no fault of your own in an incident at work and you can therefore pursue a claim for accident at work compensation. To give your claim the best chances of success, make sure that an accident report/accident book entry has been made and that you seek medical attention for your injuries.

Our Solicitors will be happy to act for you in pursuit of compensation on a No Win No Fee basis.

Hi, I worked for a fuel company delivering diesel fuel to companies for their vehicles and had to make a delivery at a unsafe premises where I slipped and fractured my vertebrae, no one available to help me, got back to my place of work and had to take myself to hospital with no help from my employer, after returning back from hospital in back support my employer said that if I claimed compensation I’d be out of a job, I’m now retired and still have problems with my back since my accident at work, do I still have a claim?

Did your accident happen within the last 3 years? If so, you can still pursue a claim and we can assist you in doing so. Please call us on 01225430285 or use our website to start your claim.

If the incident happened more than 3 years ago, you will be statute barred and unable to make a claim.

Not at all. Whether you still work for the employer or have left since your accident at work, you have a right to make a claim, so long as you start your claim before the 3rd anniversary of your accident. Simply make sure that the details of your accident and injuries are recorded in the former employers accident book.

If you’ve left the workplace where you were injured, it is not a problem. A claimant can make a claim whether they are still employed by the employer or if they have left and now work elsewhere.

You would only be able to pursue a claim if you could demonstrate negligence on the part of your employer as a cause or partial cause for the injuries you sustained. You mention that a client you provide care for fell on to you. Of course, this is unfortunate and indicates that the client has mobility or independence issues – which is probably why you provide your services to them. As such, do you know if the employer had failed to provide appropriate equipment or sufficient assistance to minimise the risk of injury?

It is vital that you protect your interests should any further ‘injury’ or worsening of your condition happen as legal action or a claim could be appropriate in due course. With this in mind, making the employer aware of the issue in writing is something you MUST do. You don’t have to allege any negligence at this stage, but simply inform them of the nature of your work, the impact on your health and if there are any issues you are aware of – such as a lack of adequate manual handling training or other issues (such as the height you are having to lift the items from), make sure that you reference the same in your written report to the employer.

Should your Doctors believe that your prolapse is related to the work you have been doing and you wish to further discuss a potential claim, please call us on 01225430285.

We need to speak with you to find out more about your accident at work in order to advise you further. We need to know what caused the ankle fracture as that is the key issue at this stage. The way that your employer has treated you subsequently is a matter that our specialist Solicitors can advise further on, but for now, we need to identify whether the cause of your ankle fracture can be attributed to negligence – such as a damaged or disrepaired surface at the delivery site, a fault with your vehicle (step?) or anything else.

You can request that your employer pays for a private MRI scan, but there is no obligation on them to do so. In your case, whether or not the employer has been negligent is certainly something our Solicitors can consider and advise further on.

Whether or not you can pursue a claim in such circumstances will depend on how the dog escaped and whether you had been instructed to attempt to catch the dog by your employer? If the dog escaped from the kennel due to a fault with the latch or some other form of negligence, you may well be able to pursue a claim.

You have a valid claim for compensation for the injury to your hand as the employer appears to be aware that there was a fault with the machinery in question in so much as it had previously caused injury to other workers. As they have not prevented further injury, that may be seen as employer negligence. As the incident has been reported, even though you’ve not signed anything or seen a formal accident book entry, there will be evidence on record to support your claim and as you have attended a Hospital, there is also medical evidence available to help should you pursue a claim.

Our Solicitors would be able to seek to recover compensation for the injury to your hand, recover any lost income (or holiday allowance) and other costs that you have incurred on a No Win No Fee basis and should you make a claim, it would not have any impact on your employment rights or affect your job in anyway.

Although you have worn the correct PPE and followed the training given, you have suffered a nasty and awkward injury in an accident that may well have been avoidable.

Our Solicitors can certainly pursue a claim on your behalf in this instance to ensure that you are compensated for the pain and distress caused by the injury you suffered at work and for the impact it will have on you with attending work, losing income (our Solicitors will recover your lost income alongside any compensation if you succeed with your claim) and also in your personal life and activities.

In relation to query below.
When this accident happened I was wearing shorts. Having checked my contract of employment, the only PPE stated is wearing of safety boots, high Vis, ear protection and gloves. aswell as induction handbook, wearing of shorts is not stated under mandatory PPE. Nor is it mandatory to our management who wear shorts on site. Would this be a factor?

The fact that you were wearing shorts will not be a factor in this matter and even if you had worn trousers, that would not have prevented you from suffering the injury you sustained.

A lack of manual handling training provision by an employer in a job that involves physical and manual tasks (such as baking) is employer negligence and would enable the individual in question to pursue a claim for compensation as a result of the hernia that their work has caused them.

Our Solicitors are expert specialists when it comes to injury compensation arising from employer negligence and a lack of adequate training. Please call us on 01225430285 to get further advice or pursue this claim.

It is important to make sure that there is a record of the accident at the workplace. The employer should complete an accident book entry which simply confirms what happened, where and when and list any immediate injury symptoms. Having this record is important for the employer so that they can try to make sure the accident isn’t repeated and very important for you, should you go on to pursue a claim for compensation.

You have a legal right to make a claim for compensation and all employers must have insurance in place for this very reason. You can make a claim without losing your job or facing any discrimination from the employer.

Yes, you can pursue a claim if your employer has asked you to work dangerously and lift items exceeding safe lifting limits.

We would be very happy to further investigate your situation and pursue a claim for you if we feel that it is viable to do so.

Have you informed the Doctor that there are no light duties available? (and have you checked with the employer regarding this?)

If the Doctor is aware that there are no light duties available, yet still thinks you should return to work, your only option for further leave would be to take leave – whether paid or unpaid.

How did you come to sustain your injury? As it appears to have happened whilst you were at work, we can certainly consider whether or not you can pursue a claim for compensation.

On the one hand, you could be seen as the author of your own misfortune in that you mention your hand twitched and this caused the truck to move and crush you. As such, we therefore need to consider whether your employer could or should have done anything further to ensure that such an incident was not possible. With this in mind, can you identify any potential areas of employer negligence that could enable you to make a claim? Such issues would be inadequate training by the employer that left you at risk of injury, a failure of the employer to provide the appropriate tools and equipment, inadequate safety measures or broken equipment.

If you can identify any such issues, we can certainly further consider a claim for compensation and associated incurred costs.

There is the potential to pursue a claim for the emotional trauma and stress caused by the worry as to any potentially dangerous infections. Our Solicitors can help your wife to make a needlestick injury claim on a No Win No Fee basis.

You are in an unfortunate position given the injury and the long term impact it is having on you. Essentially, if you are no longer fit or well enough to perform the duties you were employed to perform, an employer is within their rights to terminate your employment if there are no suitable alternative positions available.

Before they can do so, they do need to go through due process and give you every opportunity to recover or return to your duties. Have you asked the employer if they have any alternative jobs that you could be moved to – or if they can get an occupational health assessment done to see if there are any reasonable adjustments that could be made that would enable you to work?

You have a maximum claim limitation period of 3 years from the date of an injury in which you can pursue a claim.

It would appear that your injury at work can be attributed to employer negligence. As such, my initial view is that you have a valid claim that we can help you to pursue. It is important that you have reported the incident and that the employers Health and Safety representative has recorded your details and commented on the fact that employees should not be working in that area. This report could prove to be useful evidence to support you in the future should you decide to pursue a claim for compensation.

Given the employers failure to provide steps/ladders to access items stored at height, there is a case to say that the employer has been negligent and failed to minimise the risk of injury in the workplace. As such, we would be happy to make your claim for compensation.
If successful, we can recover compensation for the injury, recover lost income and seek costs for rehabilitation therapies to help you recover more quickly.

You appear to be suffering from injuries sustained as a result of repeated use of certain machinery. As such, you may be able to make a claim for repetitive strain injury compensation. To do do, you’ll need to act within 3 years of any attendance at a Doctors surgery regarding the symptoms.

You should ignore your employers comments on establishing the causation of the injury. That can be left to our specialist Solicitors and a medical expert. We can get you help and if successful, our specialist Solicitors would recover compensation for your injury and also any loss of income caused by the same.

Your employer appears to be failing to ensure that you can work as safely as possible and the issues you cite could well be seen as employer negligence. As such, you have a right to make a claim and we would welcome further such contact from you.

Please call us on 01225430285 or use the start your claim form on our website to make further contact. We can help you to make your claim and look forward to hearing from you.

Your ongoing claim for the road traffic accident/concussion should continue unaffected by the separate and further injuries.

We can certainly look in to a second claim for the further injuries sustained in the new role and need to speak with you regarding that. We also have specialist Solictors who can look in to your rights under employment law and the change of job role that has lead to the further injuries.

This is a matter that our specialist expert personal injury Solicitors would be happy to consider and discuss with your wife. As your wife has made the employer aware of concerns about the risk of injury, there are certainly questions to be asked and considered with regards to the injuries she has sustained.

We are happy to look in to this matter for you and make a claim for compensation for the injuries sustained and any associated loss of income.

Thank you for contacting us. One of our team will be in touch with you shortly to discuss your situation and offer advice.

In terms of the car accident that has caused your situation, have you started a claim for compensation? If not, we can certainly help you to do so. Any claim would account for the personal injuries sustained and importantly the long term consequences – particularly to your earning power. Our specialist Solicitors would seek ensure that your injuries were properly accounted for in your settlement so that your loss of income – both previously and in the future (if you are unable to work or earn as before) – were recovered.

In terms of your job and whether your employer can accommodate your position on a part time basis, that is something that they must consider carefully. If the employer cannot accommodate you, they would be within their rights – so long as due process is followed – you terminate your employment on the grounds of health or fitness to work. With this in mind, it is vital that a specialist personal injury Solicitor is acting for you in your claim as that could have a very big impact on your future income.

Our specialist Solicitors can investigate this matter for you and look in to whether the employer has failed in their duty to ensure that your health needs are adequately considered and managed. If so you could make a claim for your forklift accident.

Depending on the cause of the injury, we can then advise you further as to whether or not you can make a claim.

Our Solicitors can review this for you and advise as to whether you can claim compensation and loss of income. The employers failure to provide the correct safety gloves should afford you the chance to pursue a claim successfully.

In terms of both personal injury and employment law, you are in an unfortunate situation. I’m afraid that you won’t be able to claim personal injury compensation for the pneumonia for 2 reasons. Firstly, causation. It will be impossible to prove that working in the freezer section caused pneumonia and that employer negligence played any part in you getting such an infection. Secondly, although we are not employment law experts, as you were in a probationary period, the employer has acted legitimately – albeit unfairly – in terminating your employment for sickness absence.

Was the company vehicle involved in a collision? How did you come to fracture your coccyx? Injuries to the coccyx are extremely uncomfortable and can take a long while to heal. If we can show that the injury was caused through negligence or due to a vehicle accident, a personal injury claim would be valid and likely to succeed.

Yes they driver did not see the speed bumps and my INJURY ON DUTY was approved by the company

Please call us on 01225430285 to start your claim for compensation.

UK law does not compel an employer to provide light duties, but they are obliged to provide light duties if such duties are available.

UK law requires any person over the age of 18 years to make a claim within 3 years of the date of an accident or injury. In this case, unless you are under the age of 21 years at this time, you are now statute barred and cannot commence a claim.

You can pursue a claim, but evidence will be needed to enable a Solicitor to substantiate the claim. Were there any witnesses to your accident? Did you attend A&E or see your Doctor and advise them that your injuries were caused at work?

You can make a claim when there is no record in an accident book.

Do you have a Solicitor acting for you in your claim for the thumb injury? The thumb is a vital part of the use of the hand and damage that restricts the use of the thumb can lead to substantial compensation settlements for a successful claimant.

One of the most common concerns that people have after an accident at work is whether they can make a claim for personal injury compensation without the risk of being dismissed for doing so. Simply put, an employer cannot dismiss an employee who exercises their legal right to pursue a legitimate claim for compensation. UK law is quite clear with regards to employee rights both after an accident at work and also with regards to employment rights. Please refer to our ‘Can I be sacked after an accident at work?‘ article for more information on this.

Please call us on 01225430285 for further help and to ask questions. We are here to help and there is no obligation for you to proceed if you don’t want to. However, if you do wish to proceed our Solicitors will work to recover compensation for your injuries and recover any lost income caused by the injuries you sustained in an accident at work.

thank you for the quick reply. I just want to ask one more question and want to know if I can claim from my health plan insurance (provided by my company for which I pay £14 per month and still make a claim for person injury compensation?

I assume that your health plan insurance covers certain medical provisions – such as rehab therapies (physio/osteopathy etc)? If so, such cover will not have any impact on the right to make a separate claim for compensation for the pain and discomfort caused by the injury.

As long as you disclose everything at the outset, our Solicitors can advise you accurately and pursue your claim accordingly.

Your employer – not the agency, but the company for whom you were working at the time of the injury – has failed you and has been negligent with regards to your health and safety in the workplace. As such, you have every right to pursue a claim due to a lack of training and personal protective equipment provision.

Please call us on 01225430285 to start your claim for compensation. We can answer any questions you may have and explain the claims process and ensure that you are represented by a specialist personal injury Solicitor on a No Win No Fee basis.

Make sure that an accident book entry/incident record are made (in writing) with the employer and that appropriate medical attention is obtained.

Although you are in week 1 with your employer, your rights to be given a safe working environment and appropriate training etc still apply and it would appear that you have a valid right to make a claim for accident at work compensation.

I contacted my head office in the midlands (Avanti Kitchens) to make a formal complaint against my Assistant Manager. I talked to Head Office and made a formal complaint and was told that the Manager in question would be contacted and I was told that if this wasn’t resolved that I should again contact them if this isn’t sorted.

When I went to work the next day, I asked my manager if he had received an Email From the Operations Manager and he says yes. I was then sent to drive for 6hours around England with a sore back as I had injured my self the day before lifting worktops over 100kgs myself without assistance.

On my return to the workplace at 14.10hrs, the Manager took me to his office and said that if I ever contacted Head Office again, I would be sacked and he sent me home.

There are two things here. Firstly, your back injury sustained at work lifting weights of over 100kgs indicates that you have a valid claim for personal injury compensation against your employer. That level of weight should not be lifted by one person without mechanical assistance and the fact that you have injured your back whilst lifting such a weight indicates employer negligence.

Please call us on 01225430285 so that our team can speak with you and explain how our specialist Solicitors can help you claim compensation for the pain and discomfort caused to you.

Secondly, it would appear that your Manager is flouting employment law and making threats to sack you. As an employee, you are free to make reports or direct contact with your Head Office and the threat of dismissal made by your employer is contrary to employment law. You should immediately report this to your Head Office and Line Manager in writing.

If you would like separate employment law advice, we have a specialist Solicitor partner able to offer such a service.

The Manager cannot send you home for simply making a complaint. They could send you home to rest if they felt you were injured or needed to calm down. However, from what you have said it would seem that the Manager has acted incorrectly. We would recommend that you inform your employers Head Office about this.

It is not possible to offer a compensation settlement estimate without full sight of medical records and an experts report.

Our article on foot injury claims and amounts might be of interest, but in this case, it would be difficult to establish that there was a causal link between your work and the cellulitis condition. Why do you believe that your employer may bear responsibility for the condition?

Our Solicitors can pursue a claim for you due to the repetitive strain injury (possibly carpal tunnel syndrome) on a No Win No Fee basis. If successful, we could recover compensation for the pain caused to you, for medical costs and also to recover any loss of income.

Your injury would appear to be one of a repetitive strain or similar nature. As such, you have a maximum claim limitation fo 3 years from the date at which you first developed symptoms.

The in house specialist therapist should be seen as a positive move. Hopefully their knowledge and expertise can help you to return to work sooner and regain full health.

How were you injured at work? If you would like to discuss the potential of pursuing a claim against the employers insurers for the injuries and any loss of income you have sustained, please call us on 01225430285.

Although it may not feel right, it is hard to argue with the advice of a medical professional. Therefore, it is probably sensible to follow their advice and return to work. If you find that work is worsening your symptoms or making you feel unwell, you should take further leave and seek a period of absence.

If your Doctor has written to the employer/provided written advice, you should remind the employer of this in writing and make mention of the issues you cite here. If the employer then ignores that and you sustain further or worsened injuries, you can pursue a claim for personal injury compensation against the employer.

You mention that the vehicle you were driving had a malfunction and that this caused your injury. If the malfunction can be proven (was it reported and investigated?), you could pursue a claim against your employer for the injury and any associated loss of income.

The employer is within their rights to require a sick note, but given the obvious nature of your injury, they should work with you regarding the issues you are having with your GP.

As you have previously reported the faulty step and missing clips on your vehicle to your employer, they are obliged to act and ensure that the fault is inspected and repaired. As they have failed to act on the report of a risk to health and you have subsequently suffered an injury at work because of the fault you had previously reported, you are in a strong position to pursue a claim for personal injury compensation against them.

If you have not already done so, please report the details of your accident at work to the employer (in writing) in an accident book or other similar incident reporting log.

We feel that you have a strong claim and will be in touch to offer further help and pursuit of a claim for compensation.

The lack of training from the employer regarding the specific task he was being asked to perform could well be relevant in terms of making a claim for personal injury compensation and to recover lost wages.

We can help with this matter and invite the injured party (or you/your sister on his behalf if he is in too much discomfort/in Hospital) to call us on 01225430285 to further discuss how we can help with a No Win No Fee claim.

The wire was a hazard to health that should not have been present and the employer or property owner is likely to be liable. This is a matter that would warrant a claim for personal injury compensation and something we can help with.

If it hasn’t already been done, we would recommend that an accident book entry or incident report is made with the employer and that if possible, photographic evidence of the wire that caused her to fall is obtained.

UK law is somewhat ambiguous in this scenario. The employer is not obliged to allow you to view the footage and there is no law that prevents them from allowing you to view the footage!

Did you report this incident to the Police at all? Your injuries were a criminal assault and should be reported as such.

The difficulty in making such a claim is proving a causal link between your stressful job and the stroke that you suffered. Whilst your work may have been stressful, proving that it caused a stroke is a very different matter.

An employer should never pressure an employee in to NOT reporting the details of an accident at work. Regardless of the possible consequences to either the employer or the injured employee, it is vital that accidents at work are recorded.

Whether or not you will be able to hold your employer liable for the worsening of your pre-existing condition is uncertain. Much will depend on the nature of the work you are employed to do and whether it is practical for the employer to alter your working environment in the way you need or whether you should simply have taken sick leave until your injury was stable enough for you to work.

This is a matter our Solicitors can consider for you and if they feel that the employer hasn’t met their statutory obligation to ensure that the risk of injury was minimised, they would pursue a claim for you.

All employers should ensure that all accidents and injuries within the workplace are recorded. Any serious injuries that meet the relevant criteria, should then also be reported to RIDDOR.

In your case, as the employer has failed to act on the concerns you have raised, there is a realistic possibility that you may have a valid claim against the employer due to their negligence. As such, we would like to speak with you further about your work and your accident so that we can advise you about a claim for accident at work compensation and explain the No Win No Fee process in detail so that you understand your rights and how we can assist you.

In the meantime, as the employer doesn’t appear to record accident information, a sensible move would be for you to make your own report and send it to them – either by email or via recorded delivery, retaining a copy and postage receipt should you do so.

We look forward to helping you understand your rights and if you wish to take further action, to help you to make your claim.

Whether or not your employer is within their rights to move you on to a different contract is something we can’t answer – it certainly sounds unfair and extremely harsh. We would strongly recommend that you speak with an employment law Solicitor or your Union at the earliest opportunity regarding this issue.

As for the injury itself, if you have had medical treatment it would probably meet the minimum severity to enable a claim to proceed. However, before we could say whether or not there is a valid claim, we need to know more about the injury and whether the employer has been negligent in their approach to health and safety – your training and the workplace in general.

If your employer failed to provide you with manual handling training to enable you to lift and move items of weight safely and if you were injured doing a job that is not within your usual remit as a result of negligence, you can pursue a claim against your employer.

The scenario you describe is certainly something that may well see you able to pursue a claim for compensation. We would like to find out more and further investigate this for you.

The employer could be seen in a positive or negative light in the way that they have encouraged your partner to return to work. On the one hand, by offering her light duties and making sure she knows that she can avoid lifting etc, they are enabling her to work and helping her to avoid any time off unpaid. On the other hand, you could look at it that they have only wanted her back so that they don’t have to report the incident to the authorities and health and safety professionals.

With regards to the actual injury to her back caused by a colleague, she could pursue a claim for compensation against the employers insurance for the pain and discomfort caused to her. Of course, a claim will only succeed if negligence can be established. Therefore, we would need to speak with her to find out a little more about the incident and the injury before we can be certain about the claim, but our initial view is that she should call us.

As your accident at work was in December 2016, your 3 year period to pursue a claim for compensation expires this December. As such, if you have not already started a claim, it is now likely to be too late to do so.

You would appear to have valid grounds to pursue a claim for personal injury compensation. If you are unable to work and your Doctor advises against work, you should follow their advice. Of course, if you are out of pocket due to a loss of income, that would be accounted for should you succeed with a claim for personal injury compensation.

If you have no history of back pain prior to sitting on the chair and you have not taken part in any other activity that could cause such an injury, then you can look further in to making a claim against the employer for the damage to your back.

Employers have a duty of care to ensure that the working environment that they employ staff to work in are as safe as possible. These obligations range from ensuring adequate training and safety measures in areas of potential danger right through to ensuring that chairs are in sound working order. Given your employers failure to resolve the chair issue, you may well have a valid claim.

If the issues you had with the broken chair were recorded in writing with the employer, showing that they had been put on notice of the chair issue and had failed to resolve it for a considerable time, your prospects of success would increase considerably.

You may well have a valid claim given the apparent failures of the employer with regards to health and safety training and provision of personal protective equipment (PPE).

It may well be possible to pursue a claim against your current employer for the exacerbation of your pre-existing back problem as a result of their failure to act on the advice of occupational health and provide you with a suitable chair.

Employers do have an obligation to ensure that the workplace environment is as safe as possible and that will include work stations and an obligation to ensure that seating and desk space is adequate and fit for purpose.

If a Doctor has signed you off work through ill health or injury, any holiday leave that was used in that period should be re-instated and rather than receiving pay via Holiday pay, an employee may instead receive sickness pay. However, not all employers pay sick pay (there is no legal requirement to do so), so many employees will instead use their holiday pay whilst recovering from injury in order to maintain their income.

Carpal Tunnel Syndrome and Trigger Finger are well known repetitive strain injuries associated with certain working practices. Employers have an obligation to reduce the risk of such conditions so far as possible by providing relevant training, personal protective equipment, adequate breaks from the repetitive work and risk assess the work being carried out by their employees. If our Solicitors can identify any areas in which your employer has failed to uphold their obligations, they will pursue a claim against the employer for you.

The accident scenario you describe leads us to take an initial view that you do have a valid claim.

You should ensure that an accident book entry is completed and take photographs of your injuries. If the injuries are sufficiently serious, you should also ensure that you seek medical attention regarding them.

An employer is not obliged to provide amended duties if the amended duties are not compatible with the needs of the business.

If you have injured your back because of negligence, you could make a claim for personal injury compensation.

Although your employer paid your salary whilst you were away from work (which is good and should be commended), that does not mean that you cannot make a claim for compensation.

The fact that you have received pay is good, but you have lost a part of your finger from your dominant hand and that is a permanent loss and a visible injury to live with. The loss of a part of a finger will reduce your dexterity and grip strength and could impact you more in later life, so the right to make a claim is an important one.

We would be happy to assist you with the process of making a claim for compensation with our specialist Solicitors. The process is simple and we would be happy to discuss this with you and offer you our help.

Under UK law, employers do not have to pay staff their usual salary/income if they are off work through injury or illness. This certainly seems unfair as even if an injury was caused at work, through no fault of the injured worker, the employer does not have to pay them anything more than Statutory Sick Pay (SSP) if the employee qualifies for such pay.

In your case, the only way you can recover your lost pay or lost holiday allowance would be by successful pursuit of a claim for personal injury compensation – something we can help you with.

The situation you describe is one that highlights the importance of ensuring that the interests of an injured person are paramount to that injured person when they have been in an accident. In this case, you have relied upon a verbal agreement with an employer who was clearly attempting to cover their own back after your injury. Now that they have gone back on their own offer to cover your costs, you are left in the lurch.

Was your accident at work recorded in an accident book? Do you have evidence to demonstrate that it happened at work? If so, you could approach a specialist personal injury compensation expert – such as ourselves at Direct2Compensation so that a claim for compensation for your serious injury and associated costs and losses can be pursued for you.

Whilst your situation relates clearly to health and safety at work, which is certainly relevant to our area of expertise – personal injury compensation, as you have not been injured, we cannot assist you.

Your employers could be playing a dangerous game if it is the case that they are not providing the correct PPE. You should of course put your concerns about the gloves you are provided with by the employer in writing to your Line Manager and request that an alternative is provided.

However, the issue you have at the moment relates to employment law and as such, you should address this matter to an employment law Solicitor.

Clearly, this matter involves a very serious incident in which the severity of injuries and possible long term consequences of them could be substantial.

At this stage, it is unlikely that the cause of the fire is known or whether any negligence can be attached to the employer and it is probable that it could a while before such details are understood. If the Police have attended and the HSE have been informed, investigations will be underway. As you will appreciate, the outcome of such investigations will give an indication as to whether a claim will succeed and if so, against whom.

It would be sensible for an initial conversation between yourself/your Father’s partner and one of our specialist Solicitors to take place at this stage as there certainly is potential to pursue a claim for the serious injuries and long term consequences of this incident.

To be able to make a claim for compensation as a result of your workplace injury, you’ll need to be able to identify a possible area of negligence against the employer or a colleague (or another party). With this in mind, we need to understand more about how you came to break your toe. You have clearly suffered a nasty injury and a break to the big toe is commonly associated with a reasonably lengthy recovery period and short term problems with mobility and independence.

You should make a written report to your employer of your injury and note that they failed to listen to your warnings of ongoing pain and then contact us to make a claim for compensation.

Under UK law, if an employer is of the view that you are not fit to work they are within their rights to refuse to allow you to work if they believe that you could worsen your own injury or potentially be a risk to others health and safety.

If you believe that you are fit to work, you should see your Doctor and ask them to sign you as fit to work if they agree with you.

UK employment law and employer obligations under the Health and Safety at Work Act do not require the employer to send you to a GP or Hospital, but they must not prevent you from seeking medical attention.

You cite two issues regarding injuries at work and in both cases, employer negligence could be attached and you could pursue claims for injury compensation against the employer. It is important to note that employers are obliged to record the details of any injury in the workplace within an accident book or incident report system. Employers face further obligations under UK law to report more serious injuries and incidents to RIDDOR if relevant criteria are met.

If you’d like to call us we would be very happy to help you to understand your rights with regards to making a claim for compensation against your employer. Our article on forklift accident claims may also be of interest.

If your injury was caused in a sporting accident, you are unlikely to have any grounds to make a claim for personal injury compensation as you would have been partaking in an inherently risky activity, with nobody liable to compensate you.

As you have been off work, your employer may have rights to discipline you on grounds of absence. However, you need advice under employment law rights and not personal injury in this regard.

Any person who suffers an injury as a result of the work that they are employed to do may have a valid claim if they can attribute their injury to employer negligence.

In your case, we would need to identify possible negligence against the employer before we could be certain whether you had a valid claim. It would appear that you have a job that requires physicality and movement. If this is the case, we would be interested to know what training your employer has provided regarding lifting and moving of items, working with the arm above shoulder height and what equipment and tools you are provided with (or not provided with).

Your situation certainly warrants further investigation as you could well have a claim to recover your used holiday allowance, compensation for the pain and discomfort, appropriate rehabilitation therapies and other costs.

The only way you can claim loss of income from your primary employer in this case would be by succeeding with a claim against the secondary employer for the injury caused whilst working for them.

When a claim for personal injury compensation is made, the claimant is able to claim compensation for the injury sustained, with the value being reached on the basis of severity of injury, recovery period or long term impact of the injury, as well as also recovering loss of income or incurred costs.

We would be happy to assist you and discuss your accident at work and the injury caused with a view to advising as to whether or not you have a valid claim.

Under UK employment law and personal injury law, an employee cannot be dismissed for taking some time off work to recover from illness or injury. Of course, if an employee is unwell or unfit for an extended period and unable to return to work, there will come a point where an employer can legally terminate the employment on grounds of ill health. In your Sons case though, that should not be relevant. It would appear that the Doctor is simply saying that he requires a period of time to recover from the injuries sustained and he should be able to return to work in due course.

If an employer is expecting you to use potentially dangerous equipment, such as a hedge trimmer, the employer has an obligation to ensure that you are adequately trained to use the machine and that appropriate Personal Protective Equipment (PPE) is provided or required.

You describe a scenario that would appear to indicate that your employer has failed in this obligation and as such, you should seek to make a claim against them with us.

Your employer is within their rights to place you on Statutory Sick Pay (SSP) if your contract of employment does not stipulate an entitlement to usual salary whilst off work due to injury or illness – even if the injury or illness was caused in an accident at work.

With this in mind, your only route to recovering lost income is by pursuing a claim for compensation. If you were to succeed with a claim in this situation, you would be entitled to a settlement for the knee injury and any other associated injuries and also full recovery of lost income or incurred costs.

To succeed with a personal injury claim after an accident, we’ll need to be establish that that negligence can be attached to another party.

Your brother can make a claim of course, but to succeed he’ll need to be able to provide evidence that will enable them to hold the employer liable.

In this case, it would be relevant to know if your brother has ever complained to his employer about the lack of training and heavy workload? What has been put on record with the employer regarding injuries or pain etc.

If you have signed a settlement agreement as a full and final settlement, it is unlikely that an insurer will accept a further claim.

Given the lack of insurance cover, claiming compensation could be problematic. Further, working on a casual basis for someone makes the process difficult as the evidence needed to support a claim may be harder to secure.

Your friend may be able to claim directly against the person responsible – if they have sufficient financial wherewithal to face a claim against them.

The fact that your former employer did provide manual handling training could be a red-herring in this incident. Whilst the training is an important issue and the provision of it is mandatory, it is also important that employers then provide a working environment that enables an employee to follow such training and work safely.

In this case, you mention that the drain cover lift at this site was a one person lift. If that is the case and the employer had properly risk assessed it as such, it is very unlikely that you would have a valid claim as the employer would argue that the cause of the injury was your own mistake in almost dropping the cover (assuming that there was no mechanical/tool fault). However, if the employer should have provided 2 staff members, additional equipment or didn’t risk assess the job, you could have a claim.

My initial view is that you should make a claim against the employer for your head injury. It would appear that the metal plate created a hazard by being left half on and half off the machine. As such, it would be feasible to argue that the employer should have risk assessed this and have a prescribed clean down method that ensures that this plate is not left in a dangerous position.

It would seem that there is plenty of supporting evidence in place to assist a Solicitor in pursuing your claim. There is the accident book report which proves that your accident did happen at work and in the way you state it did. There is medical evidence to support the initial injury and the ongoing symptoms that the initial injury is causing. As such, I think you have every prospect of succeeding with a claim for compensation.

I assume you have a Solicitor acting for you? If so, I would strongly suggest that you discuss your concerns with them. However, my view is that you should stick with this given the time already spent. The fact that someone is fighting and defending a claim is not a concern.

Any person who succeeds with a claim for personal injury compensation is able to obtain a settlement for their injury – the value of which is based on medical expert evidence and whether or not the injury has recovered, will recover, if so when or whether it is permanent. The successful claimant can also recover all associated loss of income and incurred costs. This is called special damages. In your case, if it is shown that you will not recover and are forced to have to abandon your work, you have a right to recover future loss of income and this should be pursued by your specialist Solicitor.

You can’t be dismissed for suffering an injury, but an employer would be within their rights to follow due process and potentially terminate your employment if you are unable to recover and therefore unfit to work.

In your case, you may well be able to seek compensation from the employer for the damage to your back. Any employee who injures their back as a result of lifting at work has a right to make a claim for compensation. If the employer hasn’t provided the correct manual handling training, provided equipment to move items of excessive weight or not correctly risk assessed the work they are asking you to perform, you may succeed with a claim for compensation.

It would be a good idea for you to speak with our expert staff to find out more about your rights after being injured at work. Please call us on 01225430285 for help with your claim.

You should not have to use Holiday allowance to attend medical assessments, however, whether it is a breach of law would need to be discussed with an employment law specialist

Under UK law, as long as your Husband was properly trained and provided with all appropriate personal protective equipment, he would have no claim for compensation for the chemical burn to his eye.

The other issue you mention with regards to termination of employment would need to be addressed to a Employment Law specialist.

Thank you, I thought he will be able to get some compensation because is not his fault and even though he was wearing everything correctly it could probably be an issue with the personal protective clothing? Still a bit confused.

If you would like to discuss this matter in more detail with us, please use the contact us option on our website. One of our team will then call you to discuss the situation in detail.

As a temporary agency worker, you have the same legal right to make a claim for accident at work compensation as any full-time contracted employee.

With regards to the description you have provided, I think you should make a claim against the employer (not the agency, but the employer) as there would appear to be breaches of health and safety protocol and employer negligence.

Whether or not you can claim accident at work compensation will depend on the cause of your injuries and whether employer negligence played a part in the incident.

Under UK law, redundancy and personal injury compensation are separate matters and employers must follow the correct due process in both cases. If you have been made redundant, whatever redundancy package that you are entitled to must be provided. The employer cannot withhold any because you have exercised a legal right to claim compensation.

Given your situation and the severity and permanency of the injuries you have suffered to your back as a result of employer negligence (lack of correct training, lifting equipment, support and accident book), you should immediately pursue a claim against this employer.

There is a risk that he may not have the correct insurance cover in place, but that should not stop you pursuing your claim and it would not stop our Solicitors investigating this for you and possibly pursuing him as personally liable if the relevant cover were not in place. You must remember that your ability to work and earn income for the remainder of your working life is now in jeopardy given this employers negligence, so making a claim with us on a No Win No Fee basis is not only something you can do without having to risk your own finances, but it is morally right and if successful would enable you to obtain compensation and loss of income.

Our article on slipped disc compensation will give you more info and an idea of settlement values.

In the UK, if a Doctor has written advice to an employer, they are obliged to follow that in the first instance and must not cause further worsening of the injury knowingly. Commonly, employees suffering with an ongoing injury, such as tendonitis, would see an Occupational Health expert who could assess their working environment and tasks before making recommendations as to how the employer could support the employee to continue to work, but with some modifications to the working area or role.

Regardless of who is at fault for an accident at work, there is no legal requirement for an employer to pay an employee if they are unable to work as a result of that accident. The only financial obligation towards an employee an employer faces after an accident at work is to provide Statutory Sickness Pay (SSP). Only in cases where an employee has paid sickness absence rights contained within their own contract of employment can they expect to be paid during any absence from work.

In your case, if the injury to your finger rests with the negligence of the employer and not due to your own mistake, you could seek to pursue a claim for compensation against the employers insurance cover. If successful, not only would you receive compensation for the fractured finger but you could also recover any lost income – even if it were only 2 hours pay.

There are certainly very good grounds to make a claim for compensation in the circumstances. The fact that a fault was found with the machine AFTER you were injured could indicate that the machine was not correctly serviced or maintained. As such, you would likely succeed should you pursue a claim for compensation.

Your friend’s manager is acting illegally if they are trying to coerce the claimant in to dropping their claim. Your friend has a legal right to make a claim for compensation if the cause of his injuries was down to employer negligence or through no fault of his own.

Your friend should immediately report this Manager to the senior management team of the employer and also to the agency that have placed him with this firm.

The employer doesn’t have to provide you with a full copy, but if you have a Solicitor acting in this matter they can request a copy and should receive one.

If your Doctor diagnoses your injuries as being caused by a repetitive strain at your place of work, you should seek to pursue a claim against your employer. The employer does have an obligation to listen to any ‘complaints’ or warnings of injury by employees and take appropriate action to minimise any risks to health. In this case, it seems that the employer has failed to do so.

Given your description of your accident at work, there is a strong likelihood that you would be able to hold the employer liable should you opt to pursue a claim for compensation in this matter. Given that you are on crutches and suffering from mobility limiting injuries and a loss of income, you would be able to recover compensation for the injuries sustained and all lost income if you were to succeed.

Your employer is not obliged to pay you for your missed shifts, even though you were injured at work, and the only way to recover that loss of income is to make a claim against the employer.

We would be very happy to assist you with the process.

The employer cannot ‘sack’ your Husband for being off work due to his injury. However, if his injury is long lasting and renders him unable to do the work that he was employed to do, the employer can – if they follow due process – eventually terminate his employment on the basis of ill health. It is important to state that he should seek specialist employment law advice on this issue should the employer start such a process.

On the actual injury issue I wonder whether his employer could be liable for his injuries and if so, perhaps a claim for compensation and loss of income could follow? Has your Husband’s employer provided manual handling training to him during his work? Do they offer tools and equipment for lifting heavy items?

We would very much like to discuss the possibilities of a claim with your Husband and invite him to call us.

If your employer is attempting to help you avoid a loss of wages through enforced absence from work (employers do not have to pay your usual salary whilst off work – even if you are off due to an injury sustained at work) and are offering cleaning work as ‘light duties’, then there is no harm in accepting the work for that 2 week period.

However, if the cleaning work requires excessive lifting and moving of items then it could further worsen your symptoms and should be avoided.

We would be interested to know more about your injury as you could be able to make a claim against the employer for the injuries sustained. If you would like to discuss that with us or want to know more about your rights, please call us on 01225430285.

Yes, you do have the right to make a claim. It is important to ensure that all symptoms and ongoing problems associated with the inhalation of vapours are noted with your GP or Hospital Doctor.

As you injured your shoulder 3 years ago, it is now likely that you have gone beyond the statutory claim limitation period and are now unable to make any claim against your employer. In the UK, the law only allows you a maximum period of 3-years from the date of an accident in which you can make a claim for compensation.

It is hard to see how he can hold the employer liable for the injury/health issue that is currently blighting his day-to-day life – as things stand. Without having any diagnosis as to what is causing the problem, it is not possible to say that it is the fault of the employer as driving is deemed to be a safe activity – so long as adequate breaks are provided/allowed and there is no material defect or problem with the seat of the vehicle.

We would be surprised if the employer didn’t pay your husband for today’s work – even if 3 hours was spent at Hospital. However, without knowing the nature of your husband’s contract with the employer it is difficult to say.

With regards to the hand injury itself, we would like to speak with your husband further about that and how it happened as it may well be that his employer has been negligent and if so, he could make a claim against them for the injury and any future loss of income.

This question is one that should be addressed to an employment law specialist as it requires employment law knowledge.

To send someone out to drive a van after spending some time unconscious is extremely negligent and very dangerous. However, if your son-in-law avoided further injury there is not much he can do about being asked to drive a works van after the incident.

We would like to speak to him about making a claim for accident at work compensation for the initial head injury he sustained in the factory. Clearly, something has gone badly wrong in the workplace for him to be knocked unconscious and as such, there is a strong prospect of succeeding on the grounds of employer negligence.

The employer may well be taking an over-protective or over-cautious approach to your situation, but that should not necessarily be seen in a bad light. However, for them to want you to work for lower pay as a result does sound unreasonable.

If your Doctor has signed you as being fit to perform your work, the employer should not be disagreeing with the Doctor and as such, you should probably request a formal meeting with your Management team and HR to discuss the issue with them.

Thank you. I have been in and they have stated that until they access my medical record I can not go back to doing my job. I was told by acas that my medical records are confidential and I do not have to let them see them. I asked if a letter from the doctor would be ok and they said no. Surely this can’t be fair?

It doesn’t sound very fair and yes, your medical records are private and can only be disclosed with your permission. It is hard to see why the employer is demanding sight of the records and refusing to accept a letter from your Doctor.

You clearly need some specialist employment law advice and as such, it would be wise to seek the services of an employment law specialist to ensure that you are properly advised and fully understand your rights.

Returning to work will not impact on your claim at all. It is is important that you do not return to work if your Doctor does not believe that you are fit to do so, but in most cases if you can agree some light duties with your employer that enables you to work and therefore earn your income it will not damage your claim.

The condition you are awaiting diagnosis for is a serious problem and is something that you can seek to claim compensation for.

We would need to find out more from you about your work and how long you have performed the role that you are doing and then present the information to our specialist Solicitors so that they could advise you as to whether or not you can make a claim for compensation.

Regarding your employment rights, the employer cannot dismiss you without you having either committed an act of gross misconduct or as a result of repeated disciplinary breaches.

Given your description of the situation at work, it would appear that there is a possible case of employer negligence here and that could well give rise to a successful claim for workplace injury compensation.

If an employer is placed on notice of a possible cause of injury and they fail to address the situation – either by taking action or by demonstrating that there is no reasonable action that they could take, they are then at risk of being responsible should any injury develop.

We would very much like to speak with you about this so that we can find out more about your work, what assessments of your workstation were carried out and by whom and what reports to the employer had been made about the desk being too low. Were occupational health professionals involved for example?

Under UK Law, if the pipe was dropped due to negligence and was not your fault, you would be able to pursue a claim against your employer for workplace amputation compensation. There could be an element of contributory negligence to attach to your claim in that you were not wearing the correct safety equipment, namely the steel toe boots, which may affect the settlement value in your claim but this should not prevent you from pursuing a claim for compensation.

Thanks for sharing your situation with us, the details of your accident at work and our response will be a useful resource to others who will be seeking help in the future.

It would seem that adequate safety protection requirements were not in place when you were instructed to prime to the pump and that a lack of training and risk assessment has played a part in you sustaining the injuries that you have.

We do hope that you are able to recover to pre-accident health quickly and return to work at the earliest opportunity. With regards to being on sick leave, if you do not receive your full salary whilst off, our Solicitors will seek to recover any lost income and expenses if you succeed with your claim by way of a special damages claim. If your employer has light duties that you can do safely and your Doctor is happy with the arrangements, you can return to work and mitigate any losses by doing so.

An employer cannot force you to work if you have seen a medical professional who has assessed an injury and deemed you unfit for work. If you have a Doctors note signing you off work due to an injury, the employer must respect that.

Whether or not you still work for the employer is irrelevant when it comes to making a claim for accident at work compensation. The key issue as with any claim is to establish liability against the defendant. In this case, if you can demonstrate employer negligence with regards to your health and safety at work and that this negligence has caused your injury, you are likely to succeed with a claim.

Your employer does not have to pay your usual salary whilst you are off due to the knee injury sustained at work. Employers are not obliged in law to pay usual incomes to injured or unwell employees even if they are away from work because of an injury or illness that happened whilst at work.

However, our view is that you can make a claim for accident at work compensation here. Your employer has tasked you with carrying an obviously heavy and large item in a way that would contravene manual handling guidance and that exposed you to a heightened risk of injury. When tasking staff with moving obviously heavy items an employer has a responsibility to make sure that the workers can do so without risking injury. In this case, it may well be that the item in question should have been moved on a trolley or similar item or that the ground should have been levelled to make it safer.

If we do pursue a claim against your employer on the grounds of employer negligence, not only would we seek compensation for the injury to your knee ligaments, but we would also look to reclaim any lost income that you incurred during your enforced absence from work. When our specialist accident at work Solicitors obtain an admission of liability in any claim, they also recover any lost income or costs incurred that can be directly attributed to the accident at work.

That is not correct. The fact that an injured worker has returned to their work immediately although injured, does not prevent or preclude them from making a claim for personal injury compensation.

The key to whether or not the injured worker is entitled to any compensation will rest on the cause of the accident. To succeed with a claim for accident at work compensation, an injured worker must demonstrate that the employer has been negligent and in this case, it is how the finger was broken and why that is important.

Yes, your Husband’s employer has breached their Health and Safety obligations and by failing to provide PPE to him, they have exposed him to illness and injury that was otherwise avoidable.

Please call us on 01225430285 so that I can offer further assistance and help get your Husband’s claim up and running.

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

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

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

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

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

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

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

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

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

There is no obligation on your employer to provide transport to and from medical appointments – certainly under UK law. All your employer must do is act in accordance with their contractual obligations to you and provide a safe and secure working environment, including acting on any reports made by workers regarding possible hazards or dangers to workers.

Whether or not you can claim compensation for the serious damage to your spine will depend on whether or not you were injured because of employer negligence.

In most cases, if there has been an accident at work, an employee can pursue the employer for compensation. The vast majority of such claims would be made against an employer liability insurance policy.

In terms of whether or not your employer should pay you or ask that you claim from another body (in your case you cite the WCA – an organisation I am not aware of here in the UK) depends on the circumstances of your contract of employment.

We’ve more information on spinal injury claims if it helps.

Taylor, thank you for letting us know about your accident at work and the nasty burn injury you sustained. We feel that you have a viable claim for compensation and to this end, we have now passed this to one of our specialist accident at work injury compensation solicitors and asked them to call you directly.

I wish you a speedy recovery from the burn and the best of luck with your claim for compensation. In the meantime you might find it helpful to read our article on workplace burn injury claims.

Just in follow up…..I am still to receive the training that I was promised when I started in the position.

Clearly, you are not having a great time of it as yet and it certainly sounds as if your employer has been negligent in respect of your health and safety at work. The role of working within a special school is known to present problematic situations to the staff. There is always going to be the risk of violence from angry or confused students or the need to restrain students if they become anxious, stressed or angry. With this in mind, an employer knows that there is a foreseeable risk to their staff and as such, MUST ensure that all staff are provided with the requisite training, tools and guidance to enable them to work as safely as possible and reduce the risk of injuries such as those you cite as far as can be done. It goes without saying that even if an employer were to provide all of this training and support, this job would still present a risk to ones health. It simply is not possible to remove ALL risks of injury from any job, the key is to minimise the risks and provide the tools and know-how to enable staff to do so.

As a new worker, you should not be placed directly in to the ‘firing line’ without having the required training and knowledge to work safely. As you state that you have not yet received the training, I would say that your employer has been negligent and that you have every right to pursue a claim against them for compensation.

To protect your rights after an injury at work, I would recommend that you ensure that you place on record (either within an accident book or by emailing your HR department or line manager) the full details of the injuries that you have sustained, the incidents in which you have been injured and that you are still awaiting the basic training you were promised before you started this role. You should also seek medical treatment for the injuries – both physical and psychological.

We would be more than happy to link you with the right specialist solicitor.

I understand your worries about claiming from the employers with whom you work. It is not uncommon for people to worry about making a claim for injury compensation against an employer that they get on well with. However, the injury you describe is very serious and will have life-long consequences for you.

Whether you claim from their home insurance (which is highly unlikely to cover you as you are an employee) or from an employers liability insurance policy, one thing is certain – you need specialist expert representation to ensure that you get a fair and just outcome. Remember, claiming against your employer will not affect them directly, it will simply be a claim against an insurance policy.

From the sounds of it, your employers are nice people and with this in mind, I am sure that they would want you to be adequately compensated for such a nasty injury. Our article on thumb injury claims will give you an idea of how much you might expect to receive.