Employer responsibilities regarding injuries and accidents at work

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Every company that employs staff is responsible for their health and safety whilst they are working. Whether this in the workplace or out on site, your employer should take the necessary steps to ensure that you are working in a safe environment. Health and safety laws are there to be followed to avoid accidents or injuries. If an employer does not have proper procedures in place or otherwise fails in their duty of care, they can be prosecuted.

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

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

Responsibilities after an accident at work

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

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

Accident reporting

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

Paying sick pay

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

Offering light duties

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

What to do if you are injured at work

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

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

Claiming compensation after an accident at work is not a great outcome for either the injured employee or the employer. Although a successful claim can see an employee recover their losses and receive compensation for their injuries, all claimants would rather that they had never had their accident in the first place. Most will have concerns about making a claim and whether it will affect their employer or job if they do. This fear can be played upon, and we understand that you may be placed under pressure by your employer NOT to pursue a claim for personal injury compensation. However, it is illegal to imply redundancy or the sack will follow if a claim is made, whether by threats or other pressure, and any employer doing so could face additional legal action on that as well.

Clearly, the decision as to whether or not to pursue a claim rests with the injured employee. If the injuries are minor, will cause no long-term problems, and the employee can still work and therefore not lose wages after an accident at work, they may well decide that they do not wish to pursue a claim for compensation. However, where the injuries are more serious and an inability to work follows, making a claim for compensation really is the only option, and a right, for most people.

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

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

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Questions & Answers

  • Yvonne

    I have suffered an injury at work. I’m a cleaner and the lift hasn’t been working for 3 weeks, so I have been carrying mop buckets and buckets of water up stairs and down stairs plus a heavy hoover. I had no pain up until last night I went to A&E with severe pain in my wrist. I’ve been diagnosed with Tendonitis in my thumb and wrist as a result of what’s happened at work. The Nurse at the hospital said that the injury needs to be reported at work so I have. What do I do next?

    Reply
    • Ian Morris

      You have done the right thing in first seeking medical attention and then reporting the injury to your employer as it is clearly a work related issue.

      You are likely to have valid grounds to pursue a claim against your employers insurance cover for the pain and discomfort caused to you and any lost income or other costs you may incur as a result of the tendonitis issue you are suffering with.

      We can help you to recover any lost wages and claim compensation on a No Win No Fee basis. You can get further help by calling us on 01225430285 or if you prefer, you can start your claim via our website.

      Reply
      • Yvonne

        They are saying it’s not an accident it’s an unplanned event and tendonitis is a medical condition. My wrist was totally OK the day before it happened and started to hurt last night, they’ll put it to HR to see outcome, I just wanted to see what my options were, not looking to pursue a claim.

        Reply
        • Ian Morris

          They are right in that it wasn’t an accident, but the injury is something that can be attributed to the work you are doing and the fact that you are being expected to lift items that may exceed a safe lifting limit due to the broken lift. As such, the employer does have a duty of care to ensure that the risk of injury within the workplace is minimised and as the lift has been out of order for 3 weeks, there are questions for the employer to answer with regards to this.

          However, the fact that the injury has been recorded at Hospital by medical professionals and now reported to your employer is an important step. This protects yuour interests and allows you the option to consider pursuit of a claim in the future as evidence is now in place to support you should the injury prove to be worse than you initially hope or if it causes an undue loss of income. You have up to 3 years to pursue a claim, so should you change your mind in that period, please contact us.

          Reply
  • Tina

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

    Reply
    • Ian Morris

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

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

      Reply
  • Jamie

    I am currently on sick leave from work due to injury whilst working however it wasn’t a fall or similar injury its a gradual injury caused by work.
    I have osteonecrosis in my right knee and have been told by my consultant I will need a partial knee replacement and I am going to try for compensation.

    Any advice would be very helpful.

    Reply
    • Ian Morris

      Our specialist Solicitors are perfectly placed to assist you with such a claim as they have the relevant expertise and know-how to act for you. You can us the form on the ‘start your claim‘ page of our website to provide further information about your work, what you do, how long you have been doing it and the symptoms that you have developed in order that we can further consider this and have our Solicitors advise you accordingly.

      In cases such as yours, it is vital that a causal link between the work you undertake and the condition that you have developed can be established, so it will be interesting to know what the Doctors have said to you about this.

      Reply
  • Lisa

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

    Reply
    • Ian Morris

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

      Reply
      • Lisa

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

        Reply
        • Ian Morris

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

          Reply
  • Katie

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

    Reply
    • Ian Morris

      Is your employer aware of your injury from last year? Was an accident book record filled in at all? If an employer is expecting you to lift and move items within the workplace, it is imperative that the employer provides you with the appropriate manual handling training to ensure that you are working safely. If they have failed to do this, you can seek to pursue a claim against them for the injuries and losses caused to you. We can provide further help to you via the start a claim form on our website or by calling us on 01225430285.

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

      Reply
  • Peter Davie

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

    Reply
    • Ian Morris

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

      As your injury was caused because the lights in the courtyard at work had failed, it may enable you to succeed with a claim for compensation. If you would like to take this further and allow us to investigate this matter for you, please provide further details via the start your claim page of our website or call us on 01225430285.

      Reply
  • Tina

    I was injured at work by a customer in a mobility scooter. She reversed fully into me from behind and it ran my foot over, my ankle bone is chipped and my foot and ankle badly bruised. It’s all on cctv. What can I do? It’s been reported by my employer but I haven’t heard anything else. I’ve had to take week off and am now on holiday for a week but not sure what happens now?

    Reply
    • Ian Morris

      Please use the ‘start your claim‘ page of our website to provide further details and information so that we can advise you further and help you to pursue a claim for compensation.

      Reply
    • Ian Morris

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

      Reply
  • Oliver

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

    Reply
    • Ian Morris

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

      You can either start your claim via our website or if you prefer, you can call us on 01225430285.

      Reply
  • Lisa logan

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

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

    Reply
    • Ian Morris

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

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

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

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

      Reply
  • Simon

    What happens if manager refused to report injury on duty and employer should see the scene

    Reply
    • Ian Morris

      If your Manager refuses to record the details of an accident or injury within the workplace, you should immediately make a written record of this and inform your line manager.

      Reply
  • Denis

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

    Reply
    • Ian Morris

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

      Reply
  • Cliff

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

    Reply
    • Ian Morris

      In terms of your injury, there are questions to be asked of your employer in terms of whether the lifting you were expected to do was being done safely, whether you had been given the appropriate manual handling training, adequate assistance and equipment. With this in mind, you may well wish to exercise your right to pursue a No Win No Fee claim for compensation. For further help, please call us on 01225430285 or use the start your claim page of our website to make further contact with us for a no obligation discussion about your rights after being injured at work and how we can help you.

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

      Reply
  • Susan

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

    Reply
    • Ian Morris

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

      Reply
  • Paul

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

    Reply
    • Ian Morris

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

      Reply
  • Amanda

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

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

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

    Reply
    • Ian Morris

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

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

      Reply
  • Sarsh

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

    Reply
    • Ian Morris

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

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

      Reply
  • Karen

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

    Reply
    • Ian Morris

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

      Reply
  • Sean

    Hello Ian ,thank you for your prompt reply to my enquiry in regard to the plant room flooded and subsequent slip on ladder . I have emailed you directly.

    Reply
    • Ian Morris

      Thank you – I have received your correspondence and await further response from you.

      Reply
  • Sean

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

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

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

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

    Would I have a case for neglience against my employer?

    Reply
    • Ian Morris

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

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

      Reply
  • sue Christie

    I had an accident at work, roof was leaking I slipped on the rain water, injuring me knee, requiring 8 stitches, a week later it became infected, I was taken to hospital in an ambulance, and had to have iv antibiotics. My employer says not there fault as they didn’t know roof leaked. 5 month’s later it was still leaking. And they have refused compensation. There was no wet floor signs when it happened.

    Reply
    • Ian Morris

      Whether or not the employer knew about the leak before you fell may indeed be irrelevant as it will come down to whether or not the employer can demonstrate that they have a robust maintenance and inspection regime in place to ensure that any issues with the building are identified and repaired before they become hazardous. As 5 months have passed and the leak is still present, it may indicate that they will struggle to defend any claim should you pursue such action.

      Reply
  • Thulani Nhlapo

    I would like to find out if am I eligible to make a claim. I accidentally fell at work and sustained a fractured knee cap. I have been booked off. if it is that I’m eligible what is the first step to take in order to claim for a compensation. I am a teacher and I was doing cover screening as part of extra duties that we have to do at School.

    Reply
    • Ian Morris

      Before we can establish whether or not you can make a claim, we need to know what caused the incident that lead to your injury. You cite a fall as the cause of the injury, but what caused you to fall?

      Reply
  • Steve

    Who would be liable if an untrained person (not qualified carpenter) injures himself using power tools supplied by his employer?

    Reply
    • Ian Morris

      If the employer has tasks that require specific training and expertise, but fails to employ a suitably trained and qualified employee, the employer will be liable if there is then an injury caused whilst those duties are performed.

      Reply
  • Michael

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

    Reply
    • Ian Morris

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

      Reply
  • Damian

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

    Reply
    • Ian Morris

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

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

      Reply
  • Day

    I recently had to dismiss a employee for gross misconduct. I have now received a letter from a no win no fee solicitor acting for a alleged eye injury caused whilst using a Sthil saw that happened over 20 months ago. I was never told about this at the time and the employee never took any time off work. He has said he attended the hospital about it but has never once told myself. He was fully trained in using the equipment safety goggles gloves and masks are provided always if the van to be used. My employers liability insure had sadly lapsed at that time so if he wants to continue with this he is going to have to take me to court personally, so my question is what are the chances that this is actually going to get to court? I spoke to a solicitor who advised to let the 3rd party solicitor know that I didn’t have insurance at the time and I have not got the ability to meet a claim. He said that instructing a solicitor straight away would shout you’ve got money to spend! He said ask for all the evidence you can, photos, medical records, witnesses (which would only be me) then get back to him. He thought it likely that they would probably drop it due to lack of evidence, but if not to recontact him. THOUGHTS WOULD BE APPRECIATED. thanks.

    Reply
    • Ian Morris

      I agree with the advice you’ve already had and you should request the claimant Solicitor provide evidence to substantiate their claim. If you have no record of any injury at work from this individual, no accident book entry and no record of absence due to injury it is unlikely to be something that could be pursued.

      Reply
      • Day

        Thank you Ian for your reply much appreciated

        Reply
        • Ian Morris

          You’re welcome!

          Reply
  • Phil

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

    Reply
    • Ian Morris

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

      Reply
  • Derrick

    I’m self employed sole trader and I had another guy come in to help me for a day. We arrived at the job at 7.30 am and I told the guy we can’t start work until 8am as it’s a residential area so he needs to wait. About 5min later I heard a scream I ran and found him laying on the ground, he had climbed up the ladder still after I told him not to. He is in hospital now with broken hip. He said he is going to make a claim. The roof we working on is only over the door with no scaffolding, hence I have 3 of us working and we usually tie the ladder up prior carrying out any work. At no time no one is alone on the roof or on the ladder without scaffolding. My question is will he have right for a claim?

    Reply
    • Ian Morris

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

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

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

      Reply
      • Derrick

        Yes I have public liability insurance. Thank you for your advice.

        Reply
        • Ian Morris

          The fact that you have insurance should enable you to sleep well as your insurers will wish to fight any claim against you and if you provide them with the supporting information as mentioned previously, you should be able to demonstrate that this is not a just or legitimate claim as the injured party was sadly the author of their own misfortune.

          Reply
  • Mike

    Hi Ian,

    If a machine fitter is fitting a part on a plant machine for example legs on a 360 and something went wrong, which lead to someone getting hurt, would insurance cover the company even though they found out this machine engineer did not have any kind of qualification to do with machine fitting?

    Reply
    • Ian Morris

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

      Reply
  • David

    I was injured in a fall at work. I fell into a trench whilst holding a pipe in the trench,injured my ligaments in my right knee and I am now left with chronic pain in my knee. My employer has told their insurance that it was my fault – which is a lie. I have never seen an accident report, but the employer has said that they’ve got one. This accident was 2 years ago and the symptoms are ongoing. I am still off and now my employer is terminating my employment.

    Reply
    • Ian Morris

      If you believe that your employer has falsified an incident report, that is a serious issue and you should consider reporting this to the relevant health and safety authorities. Given your injury has kept you off work for so long, your employer should have reported the incident to RIDDOR. Seeking a review by the Health and Safety Executive and RIDDOR would be a sensible and prudent move.

      In terms of making a claim for compensation, do you have any evidence that you can present to help to establish that the employer has given an inaccurate version of events? Do you have any text message exchanges with your employer or colleagues regarding the incident? Are there any witnesses who could corroborate the correct version of events?

      Reply
  • Emily

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

    Reply
    • Ian Morris

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

      Reply
  • Ian

    I am awaiting a hip replacement operation and have been put on light duties until my procedure. However due to covid my operation as been delayed. I work for a police force in custody which is physically demanding and quite a dangerous environment. I am still officially on light duties but various inspectors are placing me on regular duties which is putting immense stress on my mental and physical health. I am primarily depended upon to deal with violent offenders which I have always been depended on and in the past always enjoyed. My point is at present I feel this is going to end in serious assault upon myself or colleagues who have always depended on me to control a situation. My mental health has deteriorated and also the stress on my hip. Any advice would be greatly appreciated.

    Reply
    • Ian Morris

      The key issue here is that you need to make written representations to your employer regarding your concerns and the issues you cite here. Once written representations are made, the employer is on notice of the issue and at the very least must consider whether they need to take action to prevent further injury or harm to you. Should your employer fail to take action or consider the matter and you were to then go on to need leave for stress/mental health issues (or physical injury), you would be able to take further action to pursue a claim for personal injury compensation against them for negligence.

      Reply
  • ronell

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

    Reply
    • Ian Morris

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

      Reply
  • Carol

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

    Reply
    • Ian Morris

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

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

      Reply
  • Rebecca

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

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

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

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

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

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

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

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

    Many thanks

    Reply
    • Ian Morris

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

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

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

      Reply
  • REUBEN

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

    Reply
    • Ian Morris

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

      Reply
  • John

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

    Reply
    • Ian Morris

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

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

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

      Reply
  • Les

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

    Reply
    • Ian Morris

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

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

      Reply
  • Clive

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

    Reply
    • Ian Morris

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

      Reply
  • John

    I had an accident at work that needed an operation to correct the problem but this operation has failed and I require another operation.
    Due to a mixture of sick leave and the Furlough system I haven’t worked for 10 months but due to lack of funds i need to return to work but will not be able to do my original job till after the next operation. The company has accepted full responsibility for the accident, can my employer refuse to find me another job and make me unemployed? Also since the accident was the company’s fault can I ask them to pay privately for the operation as due to Covid 19 it may take a long time before the NHS can do the operation?

    Reply
    • Ian Morris

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

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

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

      Reply
  • Mike

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

    Reply
    • Ian Morris

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

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

      Reply
  • Aran

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

    What do you suggest I should do?

    Reply
    • Ian Morris

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

      Reply
  • Awa

    I worked in 3 different stores for a company that made me sign the health and safety handbook only yesterday. I have been lifting heavy objects and going up and down very hazardous stairs oftentimes full of boxes. Is there any way I can get compensation for this type of negligence? Thank you

    Reply
    • Ian Morris

      What injuries have you sustained? If you have been injured and those injuries have been reported to the employer and noted by a medical professional, you can make a claim on the basis that you have not been given appropriate training and have been expected to work in a dangerous environment.

      Reply
  • Mark

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

    Reply
    • Ian Morris

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

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

      Reply
  • Jenna

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

    Reply
    • Ian Morris

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

      Reply
  • Richard

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

    Reply
    • Ian Morris

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

      Reply
  • douglas

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

    Reply
    • Ian Morris

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

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

      Reply
  • Sita

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

    Reply
    • Ian Morris

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

      Reply
  • Stephen martin

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

    Reply
    • Ian Morris

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

      Reply
  • tyler

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

    Reply
    • Ian Morris

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

      Reply
  • George

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

    Reply
    • Ian Morris

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

      Reply
  • Charlie

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

    Reply
    • Ian Morris

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

      Reply
  • greg

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

    Reply
    • Ian Morris

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

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

      Reply
  • Suzanne

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

    Reply
    • Ian Morris

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

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

      Reply
  • Paul

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

    Reply
    • Ian Morris

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

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

      Reply
  • Nobodyschild

    My brother had accident at work, climbing out of his rig, he cant remember clearly it happening it was so quick and he was in such pain, resulted in him having both sides his leg opened, as muscles were bleeding, and he could have lost it, he had 30 stitches one side then large skin graft on other side and three or four ops. Then knee was repaired best they could, as it was broken in two places, has been out of work from August till December on Ssp. When they asked if he was fit could he work, and he signed off and worked as they needed money for Christmas. They were off till last week, he started back this am not in his own job, but working manual labour. He’s in agony with these injuries, his leg’s swelling up, can they do this? He has been told he will have to have knee replacement sooner rather than later as original option not worked, health and safety have been in, say cant find why this happened so don’t think he would have claim, he’s lost so much in wages and pain and suffering, and now this today.

    Reply
  • Pedro

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

    Reply
    • Ian Morris

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

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

      Reply
  • Michael

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

    Reply
    • Ian Morris

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

      Reply
  • Richard

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

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

    Reply
    • Ian Morris

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

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

      Reply
  • Kylie

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

    Reply
    • Ian Morris

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

      Reply
  • Shawn

    I had a quad bike accident at work about 5 weeks ago. I hurt my back and banged my leg and arm. I reported this, but my Boss said there was no accident book as they don’t need one, so I could not fill it in.

    I went to the Doctors after 3 days as my back hurt more and my legs were tingling. I was sent to Hospital and saw a registrar who took x-rays and said it looked like I had some compressed discs and a ‘wedge’ fracture. I told my Boss to send cover and help, but was told “try to find some casual labour”! No help came and I have tried to carry on work in a lot of pain. I have asked again for cover and explained I cannot work properly but have been told he can’t find cover.

    I am a gamekeeper and currently doing 50+ miles on the quad a day which is very painful and as there is no one to help I cannot take time off as the animals need to be fed. I am working 12 hours 7 days a week and not had a day off since June and am sure they can’t treat me like this?

    Reply
    • Ian Morris

      The employer should record all and any accidents at work and for them to not have a system in place to report incidents is bad practice. Given the severe injuries you have sustained, you really should not be working in the way that you are and in doing so, you are risking your long term health. Of course, you should be following medical advice and if your Doctor is advising rest, you need to rest and the responsibility for the work you do falls with the employer and not you. You may well benefit from seeking some specialist employment law advice regarding your working pattern and the way you are managed by your employer as it does not seem correct that you work 12 hour days, 7 days a week without any time off.

      With regards to your injuries and any possible claim for compensation, you may have grounds to make a claim for compensation. However, we need to know more about the quad bike accident to advise further on that. We would like to know what training (if any) your employer has given you to ride the quad and how the accident happened and what caused you to be thrown from the quad.

      Reply
  • Helen

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

    Reply
    • Ian Morris

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

      If you would like to seek the advice and opinion of our specialist Solicitors, please ask us to call you and we’ll be in touch.

      Reply
  • Dave

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

    Reply
    • Ian Morris

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

      Reply
  • Steve

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

    Reply
    • Ian Morris

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

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

      Reply
  • Beth Raffle

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

    Reply
    • Ian Morris

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

      Reply
  • Sarah jane sylvia

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

    Reply
    • Ian Morris

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

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

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

      Reply
  • Charlotte

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

    Reply
    • Ian Morris

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

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

      Reply
  • Debbie

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

    Reply
    • Ian Morris

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

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

      Reply
  • Wayne

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

    Reply
    • Ian Morris

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

      Reply
  • Janine chandler

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

    Reply
    • Ian Morris

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

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

      Reply
  • Fiona

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

    Reply
    • Ian Morris

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

      Reply
  • Chris

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

    Reply
    • Ian Morris

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

      Reply
  • dezi

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

    Reply
    • Ian Morris

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

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

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

      Reply
  • Stalin

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

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

    Reply
    • Ian Morris

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

      Reply
  • Csaba

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

    Reply
    • Ian Morris

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

      Reply
  • Johana Montez

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

    Reply
    • Ian Morris

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

      Reply
  • Clive Hobbs

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

    Reply
    • Ian Morris

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

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

      Reply
  • Mike Rose

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

    Reply
    • Ian Morris

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

      Reply
  • S. Johnston

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

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

    Reply
    • Ian Morris

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

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

      Reply
  • Larry

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

    Reply
    • Ian Morris

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

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

      Reply
      • Larry

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

        Reply
  • L Hamilton

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

    Reply
    • Ian Morris

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

      Reply
  • David

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

    Reply
    • Ian Morris

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

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

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

      Reply
      • Dave

        Thanks for the info. Really helpful.

        Reply
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