Employer negligence and claiming compensation

33 questions have been answered below, why not ask your own?

Accidents in the workplace can happen to anyone and often occur as a result of negligence on the part of the employer. Employers in the UK have a legal obligation to protect their workers whilst they are on site. Whatever type of job you do, you should be safe and working in an environment that is free from any dangers or hazards.

Health and safety regulations

Employers are responsible for the implementation and adherence to heath and safety laws and guidelines. If these guidelines are not followed through negligence, serious accidents can occur. On occasions, employers fail to implement health and safety regulations correctly, if at all. In such instances, the chance of an accident occurring in the workplace increases significantly.

Such accidents could be the result of employers not providing their employees with the right amount of training, the right guidance when it comes to using equipment or the right tools and clothing to wear whilst they are in the workplace.

If you have had an accident at work because your employer has not taken the necessary steps to protect you whilst you are working and has failed to follow health and safety rules and regulations, then you may be entitled to compensation. If health and safety hasn’t been followed then your employer will be found negligent and liable to pay compensation.

Get legal advice

If you think that your injuries are the result of negligence of your employer, then you should seek legal advice. Hiring a personal injury solicitor who specialises in work accidents would put you at an advantage. They will be able to advise and guide you through the processes involved in claiming for compensation and be able to tell you whether or not you have a strong case for compensation against your employers.

You will have to prove that your injuries are the result of health and safety laws not being properly enforced in the workplace and you will need to have medical records showing the details and extent of your injuries. Your solicitor will be able to tell you more about this and how you will go about claiming for compensation. It may seem daunting but with a good solicitor on hand you will feel very reassured.

Your compensation will cover any medical expenses, loss of earnings and even the impact that the accident might have had on your life. Each case is considered on an individual basis, so compensation may vary from case to case.

33 questions have been answered below, why not ask your own?

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Questions & Answers


  1. Anonymous

    My employer is not allowing people to work from home during coronavirus pandemic even though I have full capability too. I sit in an office with 15 people and no one is allowed to wfh despite all having ability to do so. I have spoken with my line manager and director and they have asked the chairman but he is refusing to allow people to work from home completely ignoring the government advice! What action can I take as I feel my employer could be guilty of gross negligence for hundreds of people and their families here…

    Reply
    • Ian Morris

      At this stage there is no claim to be pursued and no right to force your employer to allow you to work from home. The government have so far ‘advised’ that people should work from home where possible. Should that ‘advice’ become a legal requirement, your employer would then have to allow you to do so.

      Reply
  2. Joe

    I am off sick from NHS with work related stress confirmed by my GP and occupational health department.
    However I have had my enhancement removed so am financially worse off.
    Why should I be financially punished for being off sick.
    This is against NHS policy.

    Reply
    • Ian Morris

      To find out if you can pursue a claim against your employer for the symptoms of work related stress and the impact that the stress is having on your ability to work, your income and your day-to-day lifestyle, please complete and return our initial questionnaire. As and when your questionnaire is submitted to us, we’ll hand the information to our specialist Solicitor so that they can review the same and then advise you further.

      Reply
  3. Lorraine

    Hi
    I was recently been given a Settlement offer to leave a Job I loved, I was basically advised if I didn’t take it I would be disciplined and the outcome would be the same but with no Money.
    I have a disability and it was never taken seriously. The Company believed it was helping me however sadly The Managers were not.
    I suffered terrible stress within the Company and due to the stress was diagnosed with another disability, again the Company choose to do nothing.
    I have now lost my Income, my Health is getting worst day by day.

    I just need to speak with Someone that may be in a position to help me get answers to all the Questions I have unanswered and if the Company could be held accountable for causing the stress which have lead to being diagnosed with a second disability.

    Reply
    • Ian Morris

      Although we can look at helping you with a claim for work related stress compensation, it would appear that you require employment law expertise in the first instance. Employment law differs from personal injury and limitation period are far shorter, therefore it is vital that you seek that advice first and find out whether you have grounds to pursue any action under that legislation.

      For claims for work related stress compensation, you have up to 3 years from the date of the stress in which you can seek to make a claim. If you would like to find out from our specialist as to whether or not you can make a claim for compensation, please go to our stress at work page and complete and return the questionnaire that you can download on the page.

      Reply
  4. David

    I have been employed for 8 months with a company now yet I’m still waiting for PPE boots and jacket, I’ve stood on a rusty nail and also I am supposed to get 1 hour unpaid lunches which I rarely get due to work loads, the foot injury is in the accident book. I want to sue for gross negligence and excessive workloads is this possible? I have logged almost every time I’ve not had a break and also I have a log of my foot injury.

    Reply
  5. Sapheer

    In 2015/16 I developed arthritis in my knees and back due to being coerced to carry heavy pouches in my work place contrary to health and safety.

    I was classed as being a disabled employee following my consultation with employee health services.

    Thereafter I worked by carrying very light bundles in my hand for delivery.

    In 2019 my new manager coerced me to start carrying pouches again even though I informed him I had back and knee problems. This resulted in my sick leave from 30/7/2019 to date.

    I have been recently diagnosed with spondolytis and a bulging lower back disc. I also suffer stress from the period stated to datw.

    Reply
    • Ian Morris

      If your employer is not following health and safety guidance and asking you to lift items of an unsafe weight in an unsafe manner and without adequate training, they are being negligent and you may be able to make a claim against them.

      As your symptoms date back to 2015, you may struggle in your claim as the injuries are clearly more than 3 years old. However, it may be possible to claim for the exacerbation of your symptoms and recover damages for that aspect of your situation.

      Reply
  6. Sarah

    My manager at work is making my life hell, singling me out, making snide remarks, reducing my hours, criticising my performance and most recently removed the reasonable adjustment implemented a few year ago after being diagnosed with an illness
    My anxiety is at the worst it’s ever been and I’ve put in a grievance against him before losing it at work this week because of his ongoing bullying behaviour.

    Reply
    • Ian Morris

      If you would like to find out about claiming work related stress compensation, complete our questionnaire. Once we have that back, we can have our specialist review the information and advise you as to whether or not a claim can proceed.

      You can request the questionnaire by email to: justice@direct2compensation.co.uk

      Reply
  7. Colleen

    I work in a funeral home, I have been given sub standard training and my first eight weeks I was just left in the care centre to answer the phones. A year down the line I have had to deal with numerous funerals on the go at one time up to 16 at once alone when my colleague was ill – I flagged this up with my management vocally on numerous occasions and still ended up with no help. Now I had a family walk in yesterday swear at me and belittle me in my job so much so another colleague had to take them and do the funeral arrangement. I was then just left to get on with my current arrangements not once was I offered a break or any support after this incident at all. I did tell my manager I am not taking on that funeral as a result I have been up all night with a headache unable to sleep. I said to my manager I’m not here to be abused this morning she answered me back with they are grieving and what kind of support was I expecting? I’m at the end of my tether with them I cannot believe I supposed to put up with this. Any advice on this would be gratefully received. This company staff turn over is ridiculous all employees have the same problem undervalued overworked an not listened too.

    Reply
    • Ian Morris

      In a situation where you feel or believe that an employer is not providing adequate support, training or assistance it is vital that you put them on record of your concerns – in writing – so that they have an opportunity to address the issue and respond accordingly.

      If you have done this and nothing has been done in terms of a response or action, you could then seek to make a claim against them for work related stress/anxiety compensation.

      It is not a good idea to simply raise issues verbally with an employer as this gives the employer the opportunity to simply deny that you had ever told them of your worries or informed them that you were struggling.

      Reply
  8. Peter

    I have suffered from depression since 2003 and have been signed off a few times .
    On the last occasion I was given a final written warning,
    I told them it was underlying health and they saw my medical notes but refused to accept this,the manager
    Who gave me the warning did not know the policy of “time to change”.
    After an appeal i waited 3.5 weeks for an outcome, which was meant to take 14 days.
    They then sent me to a o.h.a Dr and he agreed with me so they dropped the f.w.w.
    They also tried to stop my wages which worsened my condition.
    Now after posting about this on their Facebook page while in a dark place I’m facing another disciplinary for misconduct.
    Since I was off the last time I have never had any follow up on my condition or asked how I was coping, in fact when I told a coordinated I was struggling with my mental health she just said” oh well just put that box of crisps out” I felt like no one cared.

    Reply
    • Ian Morris

      The best course of action here will be to complete and return one of our initial work related stress questionnaire’s. We can then hand the information you provide to the specialist with whom we work on such matters. The specialist will then review your situation and contact you to advise you regarding your claim.

      Reply
  9. Damaris

    Can an employee institute a civil claim against the employer if the incident was caused by negligence of the employer?

    Reply
    • Ian Morris

      Under UK law, if there was an incident at work that was caused by employer negligence the employee would have every right to start legal proceedings against the employer – either via a personal injury claim or employment law.

      Reply
  10. John

    My case is Asbestos in the work place. i know u can’t claim for something you you haven’t got but might get. But myself and some work colleagues were sent into a area that we were told was clear of Asbestos by our employer, H.S.E, who themselves were working of a report from OHSS who is one of the biggest Asbestos experts in Ireland, and we then found out that this report was wrong and the area we were in is full of Asbestos. We now know that our employer is seeking legal advice on what to do with OHSS, so we were wondering were we stand?

    Reply
    • Ian Morris

      You mention Ireland? Were you working in Ireland at the time? If so, you’ll need to consult someone qualified to advise legally under Irish Law.

      Reply
  11. Julie

    Can I seek compensation from my employer for their failings which led to my psychiatric trauma and ultimately quitting my job?

    Reply
    • Ian Morris

      You do have a right to make such a claim. You will need to be able to draw on documented evidence to support any such claim.

      Reply
  12. Ana

    Can I claim compensation for personal injury by a colleague for sexual harassment?

    Reply
    • Ian Morris

      If it can be demonstrated that your employer failed to protect your safety at work, you may have a right to make a claim. In this case, your employer will need to have been informed of the harassment that you suffered from in writing and then failed to act on these reports.

      Reply
  13. Jack

    I had an accident at work, my foot was trapped on a lorry and as I fell my foot came loose propelling me out of the lorry. I landed on my arms and broke both my arms. I was employed through an agency where I had no health and safety training on the job, I was just sent out with a colleague to assist them. Where do I stand am I eligible to make a claim?

    Reply
    • Ian Morris

      As an agency worker, you are afforded the same rights under the Health and Safety at Work Act and safe working regulations as any full time employee. We would be happy to assist you make your claim for accident at work compensation and can advise you as to what you need to do and how to go about ensuring that your claim has the very best possible prospects of succeeding.

      Reply
  14. Craig

    Hello,

    I slipped 2 disks in my lower spine whilst at work early December, although was not aware of this until a recent X-rayearly January at a chiropractor.
    I was the department manager and responsible for ensuring the teams compliance to manual handling etc, although never recieved any manual handling training myself.

    After my injury, despite multiple strong painkillers I was unable to sleep for almost a month, affecting everything in my daily life.
    Due to the busy Xmas season, I (whilst high on Diazepam) convinced my manager I could still work on light duties to help the team.

    Upon returning to work after New Years, (sleep improving although still only managing a few hours each night, prescribed co-codomol to help sleep) I made some poor decisions and had my contract terminated because of them. I was only there for 10 months.

    Is there anything I can do?

    Regards,

    Reply
    • Ian Morris

      UK employment law will not help you in this situation as you were with the employer for less than 2 years. Therefore, your only options legally would be to pursue a claim for personal injury compensation due to the slipped disc injury. Given the employers failure to provide you with manual handling training, you may well have a valid claim for compensation.

      Reply
  15. Summer

    As an employer what are my legal obligations following a work place accident that resulted in a death and also what are the duties on the individuals involved and the managers?

    Reply
    • Ian Morris

      In a serious incident at work resulting in serious injuries or a fatality, the relevant authorities will investigate the matter (Police, HSE and RIDDOR). Your obligations as an employer is to fully cooperate with any such investigation and provide all relevant documentation requested (such as training records, maintenance records, insurance details etc).

      The individual Managers and business owner/Directors can face prosecution if it is shown that they failed in their duties to minimise the risk of such a serious incident.

      Reply
  16. James

    I have been on long term sick for over 10 years, yes that correct, 10 years, I was not called to any absence review meetings until late 2016, that was 8 years after my accident. I did receive a compensation claim against them. Between 2016 and up to date I have only been to 3 absence review meetings. I have raised a grievance with them on their policy for long term sick leave and they did not have one up until a few weeks ago, at the meeting I had with them they said they did, which now has been proven that they lied. I lost my grievance as they upheld it but admitted that they could have had more communication with me. This has caused me severe stress and I am attending my doctor for it. I think the term is hyperarousal. Can I make a claim against them as they should have a care of duty?

    Reply
    • Ian Morris

      The query you cite is an employment law matter and as such, we are not able to offer qualified advice to you. We would recommend that you approach an employment law specialist at the earliest opportunity.

      Reply
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