Your rights after an injury at work and how to claim compensation

1,043 questions have been answered below, why not ask your own?

In any accident at work or job that’s causing an illness, whether physical or psychological, an employee can be torn between a responsibility to their employer and to themselves. If you’re thinking about claiming personal injury compensation, it’s hard to know where to turn and how to approach things in the right way so that all parties are happy to get a claim resolved. Knowing your legal rights, where you and your employer stand, will help you both to see everything more clearly and avoid misunderstandings.

Table of contents

I was injured at work, what are my rights?

You have the same legal rights whether you have been injured in an accident at work, are suffering from a work-related illness, or a condition such as carpal tunnel syndrome, for example. It is important for you to understand your rights so that you can confidently manage your recovery and working future. It doesn’t matter who you work for or what you do, from offices to construction sites and private care homes to the NHS, whether you’re a temp working for an agency or a full time member of staff, below is a basic plan of action you should try to follow:

  1. Medical treatment

    If an employer attempts to prevent you from seeking medical attention, they are in breach of the law and acting completely improperly. Most workplaces will have a designated first aid officer in the event of an injury. You should see this person but also make sure that you either visit your GP or local A&E department. Similarly, for an illness you should first visit your GP.

  2. Record the details

    If you’re suffering from a work-related illness, ensure your employer has written notification of this. In the case of accident in which you’re injured, you should record the details within your employer’s accident book. Make sure you state the details and that you do not sign any record that does not match your version of the events. If you haven’t done this already, don’t worry, we can help you to do so.

  3. Confirm your sick pay

    Not all employees will receive full pay if on sick leave from work. This depends on the contract you have with your employer. However, all employees are entitled to Statutory Sick Pay (SSP) if they do not get full sickness pay. Although SSP is far from a living wage, it could be enough to help you get by. Make sure that your employer has registered you for SSP. If you are unsure, you should contact your local benefits office.

  4. Attend medical appointments

    If you are back at work but still receiving outpatient treatments for your injuries, such as physiotherapy or check-ups with a consultant, your employer MUST release you to attend the same.

  5. Take time to recover

    Taking time away from the workplace to aid your recovery will not only benefit you by reducing the length of time that you are injured, but also benefit your employer by enabling you to return to full duties at the earliest opportunity. If your employer is pressuring you to return to work if you want to keep your job, you should seek legal advice regarding this issue. An unfit employee is a dangerous employee and not only will you be risking your own health by rushing back to work, but you could also be risking the health of your colleagues.

  6. Seek light duties

    Removing you for a time from the situation causing the problem can often help. This would apply to psychological injuries, such as stress, as well as physical injuries. If your usual work involves aspects of hard physical labour such as heavy lifting, carrying, climbing or standing for long periods, your employer is duty bound to accommodate you (where possible) in returning to work on lighter duties whilst you complete your recovery. It could be that you usually work in a heavy lifting capacity but that a back injury will prevent you from doing that for sometime. Therefore, if your employer can accommodate you within an office for a few weeks on lighter duties, you can return to work and continue to earn your usual salary.

  7. Claim compensation

    It is your right to seek compensation for your pain and discomfort, and also to recover losses (such as lost income) should you be out of pocket. Your employer cannot sack you for doing so. If you find that an employer makes your life difficult after you pursue a claim, you could have grounds for legal action against them, possibly even constructive dismissal. In such circumstances, you should seek advice from a solicitor or your local citizens advice bureau.

    You can make a personal injury claim if you suffer an injury or illness at work that is a result of your employer’s negligence. They have a legal responsibility to ensure a safe and secure working environment for staff and prevent foreseeable injuries, both physical and psychological.

    A successful personal injury claim will ultimately see a claimant recover a settlement for their injuries, ongoing treatment and also for their special damages, which covers financial losses such as missed salaries.

Find out if you can claim compensation

Just because you have been injured at work, it doesn’t necessarily mean that you will be entitled to make a claim for personal injury compensation. Your employer must be at fault. In most cases, it is relatively easy for us to evaluate the likely outcome of a claim. We’ll work out if it can be proven your employer was liable for your accident, and therefore responsible for compensating you for your injuries and any other losses that you may incur.

There could be many ways in which an employer would be liable. If you’re wondering about your situation, feel free to leave a question at the bottom of this article or call us on 01225 430285, or if you prefer, we can call you back.

Every accident has its own unique circumstances, and no two are the same. Therefore, it is vital you seek proper advice so that you know whether or not you have a viable claim. However, there are some basic pointers that can help you identify where you stand regarding the strength of a claim or otherwise.

Employer responsibilities

  1. Did your employer ever give you any training? (this could relate to manual handling training, specific training to use certain machinery or other job relevant training). If the answer is no, your employer has breached health and safety guidance already.
  2. Were you given an induction to the workplace? This would include guidance on accident management protocols, safety exits, hazard avoidance etc.
  3. Were you provided with, or advised what personal safety and protective equipment you should have to complete your job safely?  If the answer is no, your employer could be liable for your injury.
  4. Did your employer adequately maintain equipment and service machines? Did they ensure that safety guards and mechanisms worked?
  5. Were you advised how to report accidents and how to access the accident book?
  6. Did the employer ensure correct staffing levels and an adequate amount of first aid trained staff?
  7. Did your employer act upon reports of potential risks of danger to employees?

For more information on what’s involved in making a claim against your employer, read our guide to claiming accident at work compensation.

Employer pressure – threats are against the law

A very common worry for people is how making a claim will affect their job. 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.

Employers that are liable on grounds of negligence for accidents at work and injuries sustained in the workplace have no right whatsoever to prevent an employee from pursuing a claim. Indeed, 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.

1,043 questions have been answered below, why not ask your own?

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Questions & Answers


  1. Keith

    I was injured in August 2018 and my employer sent me to a chiropractor before I could return to work instead of a doctor, then he had me work until the end of season, then told me to go see a doctor, MRI confirmed Labral tear right hip. I have been out of work since December 20 /18 unfortunately now I’m in the process of losing my home, just wondering if I have any legal rights, surgery still has not happened and I am on Worker’s Compensation. I don’t know what to do any advice would be very helpful thank you for your time.

    Reply
  2. Brendan

    This is a bit lengthy, so bear with me…

    I was injured at my job back in August of 2018, and was subsequently put on light duty. I was on it for 3 months, during which I was moved around multiple times to do different jobs in the warehouse I work in, but I was (per doctor’s orders), not allowed to do ANY standing work (I broke my foot). I was eventually moved into a small office that wasn’t being used, with no air conditioning, and it was very hot inside the warehouse every day. The new warehouse manager told my immediate supervisor that she “didn’t want to see me around”, so he literally had to hide me like that. I came off light duty just before Halloween, I believe.

    Now, my conundrum begins in February of this year. I was injured at work AGAIN, due to an accident brought on by my own habit with attempting to get faulty, improperly maintained equipment to work. My ankle was crushed from both sides between a pallet jack and a fully loaded pallet. After the shock of the injury, I immediately began to worry about getting fired for being hurt again, due to the ridiculous way I was treated with my prior injury. I wondered whether I should even report it, or just try to tough out the rest of the day, hiding the injury and then say it happened outside of work. I regrettably decided to do the latter. I went to the doctor outside of work and discovered I had a severe ankle sprain and avulsion fracture.

    I have short term disability insurance that I pay for after taxes through my employer, so I used it, claiming I was injured at home. I have now (as of August 11th) exhausted the payment benefits of it. I am very worried about losing my job, because my ankle is not healed. I suspect I may have caused permanent damage. I was just wondering, if there is any possibility that you know of that I can be able to claim this injury with workers comp and have them take care of me. I really made a huge mistake and hope you can help somehow.

    Reply
  3. George geo

    I was hit twice on a dumper truck by a forklift reversing into me and hurt my back at work on a construction site in March. Reported it to site agent and he refused to put in accident book and wanting me off job as I was complaining about it. I am off work at moment with my back again. Where do I stand about claiming loss of earnings?

    Reply
  4. Tracy

    I had an accident in the kitchen at work yesterday. I was cooking as head chef and an external company were breaking down an old walk-in fridge and they kicked a large industrial ladder which hit me hard in the back and knocked me onto the cooker.

    Reply
  5. Wendy

    I have fallen in work last Thursday down two steps, landed on the floor damaging my ankle and shoulder. Both just heavily bruised and sore/swollen. I don’t believe there is a fault on the stairs, just a bad design. There has been two other reported falls on these steps. Would I be able to claim?

    Reply
  6. Andrew

    I lost the tip of my finger on a machine at work. I placed my finger into the machine while it was still running and it got mangled. I was operating the machine alone which is normal.

    Reply
  7. Adele

    My accident happened at home 7 months ago. I was off work with a shattered kneecap and I broke my tibia, my sick note has nearly run out now and I’m dying to get back to work but I still haven’t heard anything about when I’m returning to do any shifts. I work behind the bar, I’m waiting for my boss to get in touch with me. I have been told that he is going to phone me, is there any chance he could sack me for the time I have had off work?

    Reply
  8. Dee

    I work as a cleaner and when I moved the needle box there was a needle that she used for stitching with thread not disposed of properly and it stuck in my finger, it bled very heavy and there was one doctor still in surgery and she advised me on what to do and disposed of the needle. I have had one blood test done and still have two more before I know if I’m in the clear, since that incident all yellow needle boxes have been attached to the wall so underneath can be seen. Fast forward two weeks and in the same room they still hadn’t disposed of needles properly. I emailed my boss and sent her photos, I no longer clean the boxes since what happened but plain negligence and they have no regard for my health and safety. Have I a claim for my Needlestick injury?

    Reply
  9. David

    I have broken my big toe at work I have been to the doctors and they have put me on light duties for 2 weeks but work haven’t got anything for me to do and sent me home with no pay. Have I got a case?

    Reply
    • Ian Morris

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

      So that we can help you further, use our ‘start a claim’ page to tell us what happened and how you were injured. We can then call you back to discuss your injury and help you make a claim if appropriate to do so.

      Reply
  10. Kelly

    I work as a support worker and was hit over the head by a resident. At the time I was offered to go home by the nurse in charge but as I felt ok apart from a sore neck decided to stay. Later on I my neck became worse but I also began to get shooting pains to the side of my head and began to go dizzy and blurry vision. I asked to go home so that I could visit the hospital but was told no due to low staffing numbers. Because of this I rang 111 for advice and an emergency ambulance took me to hospital where I was told I had mild concussion and a sprained neck. My work also docked my wages for leaving early. The following week my neck was still sore. It due to already loosing pay I had no choice but to attend work. Would I have a claim at all? Thanks

    Reply
    • Ian Morris

      The scenario you describe is certainly something for which you can pursue a claim for compensation against your employer. Your claim will succeed if we can show that the employer hadn’t adequately risk assessed the resident that you were working with or advised you appropriately of the risks that they present. If you succeeded with your claim, you would also be able to recover any lost income relevant to this incident.

      Please call us on 01225430285 to start your claim.

      Reply
  11. gary

    hi there on August the 1st, I was required to carry some material through a small gap whilst carrying the material I hit my knee of some other material which was sticking out at the end of the gap which then inflicted a open wound onto my knee cap which required the hospitals attention not only that but my employer does not have any first aiders and is aware of this. People have told me to put a claim in for this as it wasn’t my fault.

    Reply
    • Ian Morris

      Anyone injured in a non-fault accident at work has a right to make a claim for compensation against the employers obligatory insurance cover. In your case, your claim will succeed if it can be shown that your employer failed in their obligations towards your health and safety at work. There is clearly an argument to be made that the work you were asked to do was dangerous and the item that caused your laceration should not have been in situ.

      Please call us on 01225430285 so that we can take some further details from you and present your claim to our specialist Solicitors for detailed consideration.

      Reply
  12. Rory

    Hi, I was injured at work recently and ended up with a broken toe. I have been encouraged to seek a claim but i didn’t wear my steel toe capped boots as they’re really uncomfortable.
    Do I have a case at all? The cage which run over my foot was being pushed by a delivery driver as I was pulling it along, I had no idea he was there and thought I had sole control of the cage. As I attempted to negotiate a turn it carried on at full speed and ran over my foot.

    Reply
    • Ian Morris

      Does your employer inform you and require that you wear steel-toe capped shoes? If so, as you have chosen not to wear them, you would have to accept some contributory negligence if you were to claim. If the employer has not provided such footwear and does not mandate that you wear them, you should pursue a claim and be able to hold the employer 100% liable for your injuries.

      Reply
  13. Samantha

    I have sprained my wrist 3 times in the last 2 years at my current job. I believe I have done serious damage and want to reach out to an orthrapedic specialist. My employer is refusing to give me copies of my injury reports. My question is, is that legal? I have the most recent report because it was not filled out and filed “by the books”.

    Reply
    • Ian Morris

      Why do you need the reports to be able to see the Orthopaedic specialist? If you were to make a claim for compensation against your employer for the injuries and damage to your wrist, our specialist Solicitors would be able to request copies of any accident reports for you.

      Reply
  14. Jessica

    Hi, I have been on my last warning in work for a while now for medical reasons. I have been in agony hobbling around the yard with a torn ligament in my ankle as I don’t want to loose my job but it’s getting to the point now I can hardly walk after a days work.
    What can I do?
    If I provide proof from a dr can he still sack me?

    Reply
    • Ian Morris

      The query you have relates to your rights and the employers rights under employment law and not under personal injury law. You should contact a specialist in employment law to get the advice you need.

      Reply
  15. George

    Can I make a claim for injury at work as I don’t have cscs card .

    Reply
    • Ian Morris

      Yes, the employer and construction site management operator has responsibility to ensure that you are qualified to work on site. Therefore, if you have been injured at work you can look in to making a claim for compensation.

      Reply
  16. Georgia

    Hired by a retail firm 2 weeks ago and we had brief basic health and safety/manual handling during induction. Told in interview new starters were “helping to build the shop” it was opening a fortnight later. First day 8 hours of building interior walls/heavy shelving. Only shown to do it by other new starters that had began the day before me. The next morning black and blue arms(i took photos)i went to do it again. The same. Several people cut their hands and i and other staff were left to find the first aid box. I asked if we could have gloves and the manager asked me”what kind of gloves would you use?” then walked away. We were not told to wear long sleeves to protect our arms my arms were bruised from top to bottom.On the 4th day i was put with a small group of 4 colleagues to build more shelving. The deputy manager joined us telling us we were not working quickly enough he told us we had to begin a side of the shelving and compete him to finish the other side. Myself and another lady began to do the shelving in pairs as it was so heavy to hold them up alone our arms were shaky. During break we were told that it should have been finished by now. We had sweated and rushed beyond our capability all the while egged on by the Deputy manager. The next day my wrists and hands were in agony. I have seen the g.p who has advised me not to return to the job and has prescribed me Prednisilone for the pain. I have another appointment in the morning . I have been in too much pain to drive brush my hair hold my cup so many things. Are they liable? I feel so drained with the pain and know this activity has caused it. I was hired to work in a shop as a sales assistant then was carrying and lifting heavy shelving repeatedly for hours.Is it right?

    Reply
    • Ian Morris

      It is important that you make sure that a written report of your injuries and the cause is made with the employer. If your injuries remain present for 4 weeks or more, you could then look at making a claim for personal injury compensation.

      Reply
  17. Julie

    Hi I’ve an ongoing injury from June 2016 from an accident at work. I’ve just had an operation at the beginning of July and might need another am i to late to make a claim.

    Reply
    • Ian Morris

      Sadly, as your injury dates back to June 2016, your claim limitation period would have expired in June 2019. UK law affords any person over the age of 18 years a maximum period of 3 years in which they can make a claim for compensation.

      Reply
  18. Alfonzo

    I was on a roof busy working, my plan was to put building line on the trusses, as i walk i step on a rotten sheet and i didn’t know it was rotten. The one moment i was on the roof, seconds later i fell through – both my feet broken, one month in hospital. Suddenly i got a call from my employer saying i don’t have to come back to work, is that right? I just want to know my rights?

    Reply
    • Ian Morris

      How long had you worked for the employer? If you were working as an employee and acting on the instructions of a supervisor or hadn’t been trained properly, you could potentially pursue a claim for compensation in this matter.

      Reply
  19. Georgia

    I was hired by B. n M to work as a sales assistant a week ago. 30 of us had a 2 day induction we spent 20mins covering manual handling and health and safety. We were told we would be helping to “build the shop” as it was an empty shell. First day 8 hours of constructing interior walls/shelving units 2nd day the same . Extreme bruising up arms and hands several workers cut themselves and bleeding. I have photographed my arms. I asked the manager if we could have gloves she stated no. We were not told to protect our hands or arms. 3rd day unloading heavy pallets on top of bruised arms 4th day back to building shelving/walls. My arms are in absolute agony. I am attending the G.P to check my arms. Is this legal ? We had no training, i am black and blue.

    Reply
    • Ian Morris

      You should make a report of your injuries in writing to the employer. Ideally, you should complete an accident book entry – but if that isn’t possible, email your employer. The lack of gloves or guidance with regards to the construction of the shelving etc would indicate that you may succeed with a claim for compensation for the injuries sustained.

      When you have seen your GP and been given a diagnosis, you should contact us to start your claim.

      Reply
  20. Kieran

    I burnt myself in work on a ‘de carb’ machine. I am untrained on the machine but have used it multiple times. I was wearing the safety glove, but the water which is mixed with chemicals has managed to splash down my arm. The water sits at around 90 degrees and once I burnt myself I ran it under cold water and put burn gel and bandages around it.

    However, around an hour later, I was informed by my Manager that he wanted to take me to Hospital I didn’t refuse, nor did I agree and I said I feel fine. The details of this injury have not been put in the accident book as there isn’t one provided, nor is anyone first aid trained. I did eventually attend Hospital that night where the burn was sterilised and new dressings were applied.

    Reply
    • Ian Morris

      Your description of the cause of your injury indicates employer negligence. UK law requires that all employers and employees adhere to the requirements of the Health and Safety at Work Act and follow safe working guidelines. As such, your employer should not have allowed you to operate the machine without having ensured that you had received the correct training and guidance to use it safely. As they did not, you may well succeed with a claim for compensation against your employer.

      If you would like to take this further and find out more about how we can help you, please call us on 01225430285.

      Reply
  21. Mary

    Is your employer liable to pay you a salary if you were only hospitalised for two weeks and then had two weeks at home after being released from hospital on doctors orders?

    Reply
    • Ian Morris

      Employers in the UK are not obliged to pay full salaries to people off work if they are sick or injured, even if they are off work due to injuries suffered at work. Whether or not you would receive sick pay will depend on your contract of employment and what rights you have with your employer. UK law only guarantees qualifying employees Statutory Sick Pay (SSP).

      Reply
  22. Annie

    My employer put me to work on a table made for people who are 5ft 6 and shorter I am 5ft 11 and had to bend farther for 11 hours and now have back pain and hip pain.

    Reply
    • Ian Morris

      Do you know for certain that the table in question was designed for people of height of 5’6″ and below? Did you ever complain to your employer in writing regarding the table height?

      Reply
  23. Mike

    Hi, I had an accident at work on a construction site. On 12th of June 2019 during manual lifting my left hand index finger tip got crushed by an RSJ steel beam. I was rushed to the hospital, got first help and x-ray done there. I was directed to the plastics hospital to rebuild the finger tip as the bone is crushed and finger need to be stitched up and nail removed. Yesterday I had a surgery – doctor said it’s gonna take around 3 months to get well, but there might be some issues with finger in the future like lack sensation of temperature, good grip, responsiveness etc.

    Im a self employed, working through recruitment agency. Company who I work for now gave me few days off to sort out my finger, but were asking to come back to work next Monday. They also offered me to pay me my salary while I will be recovering 2-3 months under the condition that I will be present at work, but not performing any tasks. Just sit there 8:00 till 16:00. All this was communicated to me verbally by my supervisor after he spoke with the company’s director.

    I don’t know what to do, whether to take their offer as it sounds a bit dodgy, because there is no written agreement between us, so they will be able to get rid of me asap, not paying me the money for 2-3 months while I recover.

    Also, if I’ll agree to their terms: coming to work and be there 8:00 – 16:00 Monday-Friday, will I be able to file an injury claim after few months when I’ll see how did my finger healed and whether there’s no complications?

    Reply
    • Ian Morris

      UK law affords you a claim limitation period of 3 years from the date of any accident within the UK in which you can make a claim for personal injury compensation. However, it is important to note that the details of the accident need to have been reported properly and recorded within an employers/site accident book. Also, it is always a wise move to make a claim as early as possible within that 3 year period.

      You are right to carefully consider whether the employers offer to pay your salary if you attend work is a wise move. On the one hand, it could be seen as a great gesture from the employer. The fact that they are willing to pay you would immediately remove any concerns you may have had as to how you would cope without an income during your recovery. However, as you say, you have nothing in writing to bind them to this agreement.

      The other key thing to consider is the long term impact that the injury you have had may have on your career and future earning capabilities. You have clearly suffered a nasty injury and it is most likely that you will not make a full recovery and could well have loss of fine motor skills and dexterity. As the injury is to an index finger, the potential impact on your life and work could be extensive. Whilst your employer may pay you in the short term, they would not cover any future loss of income down the line.

      The sensible move would be to make an immediate claim for personal injury compensation. Such a move would ensure that your best interests were protected. Whilst you may have to cope with a short term loss of income, you would be certain that the full extent of the damage to your finger was understood and noted by a specialist medical expert and that any compensation settlement down the line would take this in to account and would ensure that any loss of strength or dexterity and loss of income – both previous and in the future – were included in the claim.

      If you would like to pursue a claim or discuss your options with us, please do call us on 01225430285. Alternatively, you can get us to call you when it suits you.

      Reply
  24. Stuart

    I drive a lorry with a Hiab crane which means I have to be able to access the bed of the lorry to hook up bags I am delivering. The lorry does not have any steps or ladders meaning I have to climb up the back of the lorry on the bumper and light fittings to access the bed, I mentioned this about a year ago when they first bought the vehicle but nothing has been done to rectify this. Subsequently this last week I fell from the lorry and landed on the chassis on my ribs causing quite severe pain and I am currently in a minor injury unit getting checked out. What are my rights regarding compensation as my employer has now decided that they are not paying sick pay even though they have not changed my contract?

    Reply
    • Ian Morris

      You have a valid claim for accident at work compensation and should seriously consider making a claim for compensation. You have previously pointed out a risk to your health and safety at work to your employer. As the employer has ignored this report and taken no action, it indicates that they will have questions to answer regarding the injuries you sustained.

      We would be happy to help you make your claim and would like to present this matter to our Solicitors for you. You can call us on 01225430285 or we can call you at a time that suits if you prefer.

      Reply
      • Stuart

        Thanks Ian
        I have got a meeting with the directors this week and it is great to know that you think I have a very strong case against them I will be in touch soon

        Reply
        • Ian Morris

          Thank you. Good luck with your meeting!

          Reply
  25. Missy

    Do I have to file workman’s compensation if I get hurt at work?

    Reply
    • Ian Morris

      Making a claim for compensation after an accident at work is a completely optional matter. Whilst most injured employees would wish to make a claim, you are not obliged to do so.

      Reply
  26. Lonnie

    I was injured on my job 7 years ago, a guy came in off break without any supervision or permission ran into a beam and it landed on my feet. We wasn’t qualified or to run equipment, wasn’t aware of the work hazards and danger. I’ve been fired from a couple jobs because my feet have swollen up and hurt. I can barely walk, I can’t wear shoes at all. Wasn’t my fault at all, I feel like I’m handicapped because I cant drive long nor walk too long with out severe and chronic pain. I lay and cry some night cuz I have real sharp pains.

    Reply
    • Ian Morris

      As 7 years has passed since you were injured, UK law will not allow you to make a claim for compensation for the injuries you suffered and any losses sustained as a result.

      Reply
  27. bev

    I am a carer – well I was – but after 17 years of untarnished record I have had to quit my job following an accident whereby an end of life client who was supposed to stay in bed, her son kept getting out, fell on my head and injured my neck hence not worked since April 2019 cos fighting for sick pay from employer. I am now receiving physio, employer despite me flagging up son getting out of bed and man handling his mum nothing was done. I kept asking for someone to come out and speak to him the man was obnoxious and even shouted at a GP, this man also had previously assaulted a colleague. Do I have grounds to sue company for compensation?

    Reply
    • Ian Morris

      From your comment it would appear that you had tried to report a possible risk to health and safety to your employer on previous occasions, but your efforts fell on deaf ears. As such, it could be that you may be able to make a claim for the injuries you have sustained, with the argument being that your employer could have avoided your injuries if they had heeded your warnings and taken appropriate action. On face value, it would appear that there is a case of employer negligence here and if this can be established with supporting evidence, a claim may succeed.

      Reply
  28. Amanda

    I have isthmic spondylolithethis just diagnosed may need spinal fusion, I have worked for same company for 25 years have a job where I twist and reach continually, the primary cause of isthmic spondylolithethis is repetative motion such as a sports person. Would I be entitled to make a claim against my employer?
    Thanks

    Reply
    • Ian Morris

      Potentially you can make a claim. The issues you may face will be limitation – when did your symptoms start and did you receive medical attention MORE than 3 years ago? Also, causation – proving the causal link between your work and the health condition.

      Reply
  29. Karen

    Hi
    I work in a call centre and been employed by same employer for quite some years. They are aware that I have degenerative discs and after years of asking was finally given a raised desk. However the damage is done and being sat down for 35 hours a week took its toll. I’ve had nerve blocks which worked at first but not anymore and have had quite a few instances off work due to chronic back pain and now sciatica daily. My back consultant says the only thing left is to have surgery, decompression and a wallis implant. I wouldn’t have got to this state if I had been given a desk where I could stand up at on first asking years ago!
    Where do I stand as they aren’t happy I will have to take more time off after operation 6-8 weeks and only in SSP?

    Reply
    • Ian Morris

      There is the potential to make a claim, but it is not without difficulty given the nature of the injury and issues you’d face in the claim. The defendant is likely to argue that you have a degenerative condition and not one that they caused. They will argue with you on issues of causation. Also, you could face a problem with claim limitation. You have 3 years to make a claim under UK personal injury law and it could be that your 3 years is already up – depending on when you began to suffer symptoms and when you first attended your GP regarding this problem.

      Reply
  30. Jamie

    What can I do about my supervisor refusing to give me a medical pass after getting injured? A coworker struck me so hard i fell backwards. Sprained my left hand, had whiplash and caused injury to my spine. He smash/struck me with what we call a limousine. I told the supervisor twice I was hurt. There was witnesses. But he still made me stay on line and do my job. Now he’s denying that I asked him for a medical pass playing stupid like he had no clue. Now they’re trying to pin this on me. I was injured. I’m new to the company. After work I did go to the Emergency Room.

    Reply
    • Ian Morris

      As with any issues such as the one you raise, evidence is the key. Sadly, if there was nothing in writing and only verbal discussions were held it does put you in a weak position. Will any of your co-workers vouch for you?

      Reply
  31. Tonya Tucker

    I fell from a ladder at work & fractured my shoulder, got 3 stitches in my eye. The following week I was told by multiple coworkers the ladder wasn’t safe & should have been removed from line. The ladder was replaced after my accident, it was unstable & didn’t lock down like it was intended! My company has paid my medical bills, therapy, & mileage for appointments! I have a scar on my right eye & still healing from shoulder fracture! I am now working with a restitution until Dr releases me. My question is can I sue the company for the fall because of unsafe equipment? Would it be worth suing money wise? What kind of lawyer would be best to represent my case if I have one?

    Reply
    • Ian Morris

      Under UK law, any employer who tasks a staff member with using a ladder that is unsafe or without having provide training for use of ladders and working at height can be claimed against should an employee have an injury due to the employers negligence.

      Given the severity of your injury, you should instruct a specialist personal injury lawyer to represent you and recover compensation for your injuries and associated costs.

      Reply
  32. Charlotte wolfe

    Hi my daughter broke her finger and works one day a week as a make up artist, she wants to go to work on sat but her employer said she’s not insured to have her working…..is this the case?

    Reply
    • Ian Morris

      The employer has every right to refuse to allow an injured person to work if they feel that it will be impossible to allow them to work safely or if they know that their insurance would be invalid if anything were to happen.

      Reply
  33. Gaetano

    Hi i was injured at work and instead of going on wsib my employer and I agreed to light duties at the shop. They have been paying every week but last week I didn’t show up on Monday because I was going to get assessed by a doctor which they knew about . And Tuesday till Friday I called them saying that I won’t be in because of serious family matter. Should they still have paid me for that week?

    Reply
    • Ian Morris

      This question is one of employment law and not personal injury. Please re-direct your query to an employment law specialist.

      Reply
  34. Abdur

    Last week I was involved in an accident which resulted in cuts/swelling/bruising to my face (lip and nose area).

    Caused by a faulty ramp which led to a heavy trolley flipping upside down onto my face (as it was loaded up). I had to attend A&E for stitches.

    This happened in a DIY Store.

    Reply
    • Ian Morris

      As the ramp in question was faulty, it would appear that you have a valid claim for compensation. Your claim against the DIY store can be pursued on a No Win No Fee basis

      To pursue your claim, please call us on 01225430285 or request that we call you.

      Reply
  35. Stephen

    I injured my knee at work in 2015 but I did not get my op in till the 6th of April this year. I was off in till the 17th of June then I went back to work for 3 weeks on reduced hours, the 1st week was 4 hours then the next 2 weeks were 6 hours, but my knee swelled up again and I went to my doctor’s and he give me a sick note for 2 weeks, can you help?

    Reply
    • Ian Morris

      Unfortunately in our view you are now out of limitation and cannot now take any action in terms of claiming compensation for your injuries – unless you started a claim before the 3rd anniversary of your accident and had the matter registered in the courts to protect your rights.

      UK law applies a strict 3-year claim limitation period in which you must take action and pursue a claim for compensation.

      Reply
  36. Jackie

    HGV driver. I got my hand crushed between my car door and a HGV 2018. I was on full wages for 3 months then returned to work. I had yet another incident 2 months ago. I have a torn biceps tendon. The medics also found I had an old fracture of the shoulder. I am still awaiting a hospital appointment I believe the two incidents are connected although these are on different

    Reply
    • Ian Morris

      If your injuries were caused through the negligence of another party, you can make a claim for compensation against whoever was responsible for your injuries.

      You could have two claims – the damage to your hand and also the torn bicep injury. If you would like to discuss making a claim with us and tell us more about your injuries and how they happened, we’ll be able to advise you further. You can start the process with us online.

      Reply
  37. Amy

    I injured my back in 2016. I worked only for 2 weeks but forced to leave due to injury. I asked for breaks as I wasnt tolerating standing 5hrs as my spine was badly inflamed. Had to call in sick due to severe pain/ sciatica that left me bedridden for an entire day, ended up going to ER. I was told if I couldn’t keep up with the dishwashing I wasnt allowed to take breaks. I dont know if this was legal or not. I am still suffering from spinal issues that prevent me from seeking other employment.

    Reply
    • Ian Morris

      As you were injured in 2016, you may be out of time to pursue a claim for this matter. UK law affords you a period of 3 years from the date of an injury to pursue a claim. Whilst there are 5 months of 2019 remaining in which you could still be within claim limitation (depending on which month you were injured in), the less of the available period remaining, the harder it will be to get a Solicitor to consider pursuing any claim for you.

      Reply
  38. Karen

    While working last Monday in the mist of doing OR procedures, I begin to notice a pain behind my knee that persisted and radiated up to the thigh and down to the calf. My leg became swollen, I couldn’t and still can’t extend without pain, or walk normally. My thigh, knee and calf are tight and stiff. My supervisor was aware of the situation. I continued to work that day and all schedule shifts since. I had an ultrasound, xray, seen ortho and an urgent care doc. I’m scheduled for an MRI this evening. So far the theory is a torn tendon or meniscus . So far I’ve used my insurance for everything. I contacted the human resources today and she knew nothing of my situation. Should that have been reported? Will this be considered workmans comp? Should I have continued to work? I’m totally at a lost here.

    Reply
    • Ian Morris

      Based on your description of the issues you face (medical costs and insurance etc), I believe you may not be in the UK? Direct2Compensation is a specialist expert firm operating within the legal system of the UK with regards to matters of personal injury. As you are not in the UK, we’ll need to advise you to make enquiries with a personal injury specialist in which ever legal jurisdiction you are based in.

      Reply
  39. Donald

    If an employer stages a reconstruction photograph, can the photographs be used against you?

    Reply
    • Ian Morris

      Employers are free to provide whatever evidence they have to defend any claim that may be made against them. However, they cannot use falsified or fraudulent evidence to undermine a claim and if they were to do so, could face serious criminal and legal consequences.

      Reply
  40. Geoff

    Hi
    I was involved in an incident as a part of my duty about 15 years ago where I was blamed for the death of another staff member. I had a performance counseling meeting with an employee who documented the meeting in his diary and within hours had a heart attack and died. His son and others believed that I had stressed him to the extent that he had a heat attack. After his death I received death threats and I was physically attacked while I was working twice, followed home and had the people come to my house and threaten me. The company I worked with sent me to 2 sessions with a counselor and put on extra security at the hotel I was working in. Action was taken against 2 of the offenders and I had restraining orders put in place. Everything seemed ok but after a few years the incidents started to come back to my mind. Over a period of time this became worse and I found it increasingly more difficult to be in crowds and noisy places. Especially pubs and gaming rooms with loud alcohol affected people. I resigned from my position and bought a small country hotel but over a few years the anxiety and stress periods increased and I asked my GP for help. I was diagnosed with post traumatic stress and anxiety. I had some counseling but after more time I was advised to sell my business. I am now receiving a small payment from AMP as I had an income protection cover attached but it will end soon. My question is, Would I have a case against the company that I worked for when the first incident occurred as I am now unemployable in any role where there may be conflict etc.

    Reply
    • Ian Morris

      Notwithstanding the awful situation you have described and the clear (and understandable) impact that this has had on your health and well-being since, it is unfortunately hard to see how you could make a claim against your former employer.

      The main issue present is one of limitation. You describe an initial incident that took place many years ago (approximately 15). UK law would have required you to pursue any claim action within 3 years of the date of the incident and as such, even though you are suffering from returning and ongoing symptoms, we believe that you are well outside of the claim limitation period.

      Further, the damage done to you was by way of the offending individuals and it is unlikely that you would be able to demonstrate negligence on behalf of your former employer.

      Reply
  41. Mark

    I suffered an injury at work by someone else messing and playing about. Should i be entitled to anything?

    Reply
    • Ian Morris

      There is a potential claim for compensation as a result of your workplace injury. If staff are not working correctly and the employer is not enforcing a safe and secure working environment, there is the possibility of holding the employer liable for injuries sustained at work.

      Reply
  42. Paul

    I suffered a broken finger and tendon at work on an auxiliary engine. The key ignition was broken. So had to use the emergency pullcord. But this has been the case for over a year. He didn’t want to pay out to replace the key ignition. Due to this the pullcord has gone harder to use, hence snapping my finger and tendon. Have since had an operation to repair the injury. And could be off for 10 weeks or so. He claims it’s my fault. He has since the injury installed a ‘hotwire’ to start it, which I see as also dangerous!
    Where do I stand with such a negligent boss?

    Reply
    • Ian Morris

      The employer is guilty of negligence in this accident scenario and as such, you would have every right to make a claim for compensation as the injury was completely avoidable. UK Health and Safety legislation obliges Employers to ensure that the risks of injury within the workplace are minimised so far as practically possible. Therefore, refusing to repair a broken item on the basis of cost is not an acceptable reason for allowing a potential risk to injury to remain present in the workplace.

      If you would like to discuss your accident at work with us and look at the possibility of making a claim for compensation, call us on 01225430285 or you can ask us to call you.

      Reply
  43. joel

    hi i have recently been off work due to trigger finger been off for a week and then signed off for a week with the doctors not say to return on light duties due to pain in my hand and arm but been put back on my normal role after telling them i was in pain still. what should i do?

    Reply
    • Ian Morris

      You should make a written report to your employer of your injury and note that they failed to listen to your warnings of ongoing pain and then contact us to make a claim for compensation. You can call us or we can call you at a time that suits

      Reply
  44. Dan

    I have slipped off a step on the side of a machine and broken my elbow, they secured the step once it had happened, am now on light duties and haven’t had time off work. What are your thoughts on this?

    Reply
    • Ian Morris

      You mention that the step has since been secured? We assume then, that the step was not secured before you fell and was therefore hazardous?

      If our assumption is correct it would seem that you have a valid claim for compensation and we would like to discuss this with you further. You could well have a grounds for a successful claim in this scenario. Please call us on 01225430285 or request a call back.

      Reply
  45. Suzanne

    A couple of years back our company changed out our cell phones for a much larger heavier Samsung. From the beginning I knew I was going to have difficulty with it due to the size and weight. I am a petite female and this phone with the case they require you to have my hands barely fit around. I brought this to the attention of my immediate supervisor and was told there is no other option. Side note: another employee was given a smaller device just for asking. Several months went by and my hands continued to decline. It took me going to a hand specialist and producing documentation that I am now at the point of needing surgery on both hands. I was then finally given a smaller phone. Around the same time another employee said they did not like this phone and refused to use it and was granted the smaller phone with no documentation. Is this legal? I now have to undergo two surgeries and will be out with cut pay. I would appreciate some insight on this. Thank you. Ps I’ve been a valued employee there for 16 years

    Reply
    • Ian Morris

      The phones that you were tasked with using are likely to be found to be safe for use and not of a weight that would be considered to he a hazard to use. That said, there is no obvious reason for the employer to fail to consider providing you with an alternative handset.

      Reply
  46. Megan

    An employee stepped over a dog in the public house I run. The dog got up when she stepped over it, causing her to pull a muscle and fall into the bar awkwardly.

    She has since been on a two week holiday to Greece (the day after it happened she seemed fine), but when she came back, she went to the Doctors and has been signed off for 6-8 weeks.

    Where do I stand if she was to claim against me? Am I to blame for her stepping over the dog? Or is the dogs owner at fault for letting the dog lie on the floor? She knew the dog was there.

    Reply
    • Ian Morris

      The fact that she appeared fine the day after the incident is a red herring as it is often the case with soft tissue injuries that the onset of symptoms can be delayed for a few days. As her GP has signed her off for 6-8 weeks, it indicates that the Doctor is sufficiently concerned about an injury being present.

      It is hard to see how she could proceed with a claim against you in this incident.

      Reply
  47. Megan

    I was burned and scarred by a heat lamp at work, and they never reported it or offered any treatment. The heat lamp was never moved even after I voiced concerns of its safety. My employer knew about the incident (and others from other employees) and has still done nothing to correct it. I have since quit the job. The scar I have is on the top of my forearm and I have to look at it every day :/ Is there any compensation for scarring?

    Reply
    • Ian Morris

      Scarring after an injury such as caused by a burn is definitely something that compensation can be claimed for.

      In your case, the scenario you describe certainly indicates that there is sufficient grounds to warrant further investigation in to a claim. To take this further, please call us or if you prefer, you can ask us to call you.

      Reply
  48. Marie

    What happens when my place of work refuses to let me take photos to persue a claim for my accident; it is the main footpath entrance to and from the school and on school grounds where I work.

    Reply
    • Ian Morris

      Have you made a written request to the school asking for permission to photograph a hazard that you believe is dangerous and caused your injury? If not, you should do so and you should inform them that they are potentially preventing you from seeking a fair and just outcome to any legal proceedings by blocking your right to take such photographs. You can suggest that you would be happy to take photographs when the school is closed and confirm that no pupils or school information will be captured in the images to see if that helps.

      Reply
  49. Margaret

    I am a supply teacher and three months ago I was given a day’s work as a TA at a Special School for children with autism. I was put into a class of eight severely autistic upper KS2 boys, with a teacher and two other TAs. I was told it was the most challenging class in school. I was physically attacked all day long ( the boys were hitting, punching, grabbing, nipping, hair pulling and kicking) as were the other members of staff. One of the attacks on me came from a boy who was sitting (lolling) behind me on a chair. Out of the blue, he kicked me with extreme force at the back of my neck/ top of my vertebrae. He was wearing big outdoor shoes. I was in shock as I had been taken by surprise and it was very painful. It was towards the end of the school day and a Friday. One of the TAs told me to fill in an incident form. I noticed that each of the members of staff in the classroom were filling them in too, for incidents that had taken place that day. Following procedure, I then had to take the form to the Deputy Head teacher, who asked how I was and checked me over. Not wanting to cause a fuss on my first ever day there, and not wanting to appear weak, I said I was ok even though I was in great pain. I had difficulty driving home and the next day my husband said I had a huge bruise on my neck. Ever since, I have experienced pain at the back of my neck and a permanent burning sensation and now have to apply a heat, anti inflammatory ointment to it. It has become so bad I have made an appointment to see my GP about it this week as I feel I need to have it checked to see what is causing me so much pain all these weeks later. Can you advise me where I go from here please? Should I contact my teachers’ union? I have had to reduce the number of days I work because of this injury. Thank you.

    Reply
    • Ian Morris

      You can contact your union to speak with their legal representatives as you may well have a claim. Whilst you would expect us to say this, we would advise that you speak with an independent specialist personal injury expert (such as Direct2Compensation) to ensure that any claim you make is managed properly and pursued by specialist experts.

      Reply
  50. Sheena

    Hi, I have been off sick since January with anxiety, stress, depression and panic attacks as a result from work pressures and I was taken to hospital. The workplace are saying they are holding no responsibility for my illnesses as I ask for extra work and brought it on myself.
    Since then they have done restructuring in the company and have made me redundant. I put a grievance in back in February and have not been happy with the outcome this has now gone to the third stage.
    I am now classed as disabled through mental illness and physiological damage that all of this has caused and cannot work for at least three years.
    I want compensation for what they have done to me, I cannot lead a normal life anymore, my husband has had to stop employment to stay at home and look after me.
    Please could you help us?

    Reply
    • Ian Morris

      UK law requires employers to provide a safe and secure working environment for all staff. If an employer is made aware of health issues impacting on a staff member – whether physical or psychological, the employer must consider whether they should make any adjustments to the working environment to help the staff member.

      You do have a right to further investigate your rights to make a claim for work related stress and anxiety and we can assist with that as we work with a specialist who can advise you on such matters. If you would like to take this further and seek the experts advice, please email us at: justice@direct2compensation.co.uk to request a work related stress questionnaire. We can then send you one and you can complete and return the same so that we can hand that to our expert and they can contact you to advise you on your specific situation.

      Reply
  51. Mukhethwa

    If I get injured while I’m working overtime, Saturday overtime, do I get full pay for the hours I’ve been booked for or only the hours I’ve worked for before I got injured?

    Reply
    • Ian Morris

      It would depend on the contract of employment that you have with your employer. UK law does not oblige any employer operating within the UK to pay staff full wages for any period of absence caused through injury or illness – even if the injuries were sustained in an accident at work.

      Reply
  52. Aditi

    Hi I work in a school (pupil referral unit) and we share a building with another specialist provision. They left a wooden board behind our connecting doors and when I was leaving to go home the board had not been removed, I could not see it through the vision panel and it obstructed my exit and jolted my back as i crashed into the door. I’ve been off work three times due to back problems. I’ve got a pre existing back injury with severe sciatica and disc bulging and now my upper back is affected. It was always only lower back and legs.

    Reply
    • Ian Morris

      The incident you describe was caused by negligence in the leaving of the wooden board behind the connecting doors. As such, pursuing a claim should be a viable option. Hopefully you have recorded the incident and your injuries in an accident book or similar reporting system with your employer? Although you have pre-existing back issues, it would not prevent you from pursuing a claim for the new injuries sustained and any exacerbation of pre-existing symptoms.

      If you would like to look further in to making a claim with our specialist Solicitors, we’ll need to have a quick 5 minute chat with you to get some further basic information. You can call us on 01225430285 or if you prefer, use the website to send us a contact request and we’ll call you when it suits you.

      Reply
  53. Christie

    I was injured and my employer has not allowed me to return to work at all they are requesting all my medical records and I have already given them my doctors note it’s been a month.

    Reply
    • Ian Morris

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

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

      Reply
  54. damian gray

    Hello,

    I am a TA at a primary School. I was attacked and injured by a child. The school knew about the risks and did not protect me. I have put in a claim for damages through my union. This was 4 months ago. I’m now back at work. Today i was made redundant apparently due to finances. I am a specialist looking after a single child with many needs. This child has been given to a colleague next year.

    Does this sound right?

    Reply
    • Ian Morris

      On the issue you raise regarding redundancy, this is something that you should discuss with an employment law specialist or your Union. Any redundancy must be done via the correct statutory process and following a consultation period.

      On the personal injury side of your comment, if your employer was aware of risks to your health and safety at work, they must make you aware of them and ensure that you are given all appropriate training and tools to minimise the risk of injury at work. As your claim has been made 4 months ago, you should soon find out whether or not the employer’s insurers are accepting or denying liability in your claim.

      Reply
  55. Jeffrey

    I was injured 6 years ago outside of the work place and the injury was severe. I was threatened by my boss, not to claim compensation and I felt intimidated by him. He made me sign a piece of paper stating that I would not claim. Is there anything I can do?

    Reply
    • Ian Morris

      The piece of paper you signed is unlikely to stand up to scrutiny and there is a sound argument to make against the employer for pressuring you in to not claiming. However, whether or not you can make a claim will come down to the fact that you were injured so long ago. Unfortunately, the UK personal injury laws require any adult to make a claim within 3 years of their injury or accident. In your case, you cite a 6 year gap between your injury and now. Unfortunately, this means that you are barred from taking action as more than 3 years has passed.

      Reply
  56. Andrea

    I was elbowed at work today by my manager. In the chest. It took my breath away and knocked the wind out of me. What rights do I have and what should I do? Call HR? Go to the Dr? It still hurts and I gasp badly when I take a see breath.

    Reply
    • Ian Morris

      Of course, you should report the actions of your manager to your employer’s HR team as this could well constitute an assault at work and if so, disciplinary proceedings may be appropriate.

      Regarding the injuries and how you feel, you should seek attention from your GP or at a hospital. If you believe that the incident was an assault, you should also report the incident to the police.

      Reply
  57. Linda

    Hi there, I work full time for a local authority. There was a faulty handle on a door in the building I work which was reported to my bosses several times. I was closing the door one day and had to pull it with some force when the handle came off and I staggered backwards and fell down with some force onto my back. I ended up in severe pain and unable to walk properly so had to be off for two weeks. My back flared up again just over two months later, again, to the same severe extent as before. I was off for 6 weeks that time. I do a very manual job which I love but there are tasks I’ve been asked to do now, due to changes in circumstances in work, that are causing me slight back pain. I’m terrified now that if my back goes again and I have to be off, that they will sack me. I love my job but feel I’m being treated very unfairly as when I raised this issue they did hint if I couldn’t carry out these new tasks, they’d have to redeploy me or ultimately, pay me off. I’m a park ranger so I wouldn’t be able to do that type of job anymore, it would have to be perhaps office based which I don’t have the skill set for nor do I want to do this. The other option would be to have me work evenings in a football facility which is unsuitable for me.
    I can still carry out every other aspect of my job. The task they are asking that I’m finding too much is emptying over 50 bins over the whole park, 200 odd acres using a wheelbarrow. The bags of refuse weigh up to 12 to 14 kilos. We usually use a petrol driven buggy but it keeps breaking down and they won’t replace it. I’m so worried about this and would welcome any advice. Thank you.

    Reply
    • Ian Morris

      Going back to the initial cause of your injury (the faulty door handle that had been reported to the employer), such a cause of injury at work is likely to see you succeed with a claim for personal injury compensation. If you have not already pursued such action, we would be very happy to speak with you about your rights and explain how we can help you make a No Win No Fee claim with our specialist Solicitors. If this would be of interest, please do call us on 01225430285.

      You are clearly concerned about your long term fitness to perform your duties. Perhaps one benefit of making a claim that you may not have considered is that you could potentially access expert specialist medical treatments at the cost of the defendant insurers if you were to succeed. Of course, there is no guarantee, but it is common for such therapies to really benefit personal injury claimants and help them to recover fully.

      Reply
  58. Rod

    Hello. I suffered an injury to my lower back in January & have not been able to claim because my employer was not negligent. Why is there not personal injury insurance for accidents in the workplace? I have lost my livelihood because of this & can’t claim a penny. Many thanks Rod

    Reply
    • Ian Morris

      Depending on the nature of the work you undertake, it is possible to obtain insurance against loss of income or even injury. However, employers in the UK are not required to provide such insurance and it would be unreasonable to expect them to do so. However, UK employers are obliged to ensure that staff are provided with adequate training, safety equipment and that work is risk assessed in order that the risk of injury is minimised.

      In your case, if your employer has fulfilled their statutory obligations, there is nothing you can do.

      Reply
  59. Marty Mitchell

    A few months back, I fell off a forklift at my work, because this particular forklift has a glitch. It jumps, therefore I fell when it jumped and I bang my chest against the pallets I was moving. I wasn’t sure what I was suppose to do. I suffered for a couple of months in pain with bruised chest, trouble breathing and what felt like a couple of broken ribs. My employer neither wrote an accident report or offered to send me to the doctor. My wife, who is a nurse, begged me to make my employer send me to the doctor and put me on light duty while I was recovering but I was afraid that I might lose my job. When I told my boss that I was still suffering with pain and injury, he let me know he wasn’t happy about it and kept me on the same duties that were aggravating the injury. I’m really concerned now that the company is putting it’s employees at risk and isn’t following the law, after last week working with a chemical cleaning solution, I asked if it needed to be diluted and they said, No. Later I received chemical burns on my arms that left scarring only to find out that the chemical solution was suppose to be diluted. I did go to my own GP at my wives insisting. Is my employer breaking the law by not writing an accident report and having me see the doctor? And what are my options now?

    Reply
    • Ian Morris

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

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

      If you’d like to call us we would be very happy to help you to understand your rights with regards to making a claim for compensation against your employer.

      Reply
  60. Shaun

    I was recently injured at work, I’m a delivery driver and on at least two occasions before my accident I have reported these near misses, leaking oil on the back of my vehicle due to careless loading. I’ve asked my manager to speak to the vehicle loaders about being more vigilant during loading. My injuries are back, shoulder and elbow, as a result of slipping on this leaked oil. I have a doctors appointment and will be off work tomorrow as a result of these injuries, could be off for some time as my back doesn’t seem to be easing off pain wise. I can’t survive on ssp, what’s my choices?

    Reply
    • Ian Morris

      If you have previously reported hazards to your health to your employer and these reports have been ignored or the problem remains present, it simply adds strength to your claim for compensation now you have unfortunately suffered personal injury and loss of income as a result of the ongoing negligence towards your health and safety at work.

      You describe a scenario that would give me an initial view that you have a strong and valid claim against your employer. Clearly, you have suffered injury and are in pain and perhaps more importantly, you are now out of pocket due to being unable to work temporarily due to the injuries sustained. SSP is a very low income and it is likely that you will not be able to cover the costs of living whilst you receive that income. Whilst it is not an immediate fix, pursuing a claim against your employer with us for your injuries would also enable you to recover your lost income and incurred costs.

      Reply
  61. Jack

    An 80 Kilogram steel bar was dropped across the top of my foot due to my colleague talking and not paying attention to his end of the bar! I am now off work with a fracture to my foot, as it wasn’t negligence by my company but done in my works premises, but caused by a work colleague, am I entitled to full pay while I am off?

    Reply
    • Ian Morris

      UK law would not entitle you to full pay whilst off work through injury – even though you were injured at work. Indeed, your only route to recovering loss of income is by pursuing a claim against the employers insurance cover for your injury and including your loss of income in the claim.

      We would be happy to help you with this process.

      Reply
  62. Daniel

    Hello there, I had an accident at work two weeks ago involving 300kg and a forklift. My back and hips and shoulder are all in spasm and have been signed off until the 27th. It’s not right that I have to suffer being paid 94 pounds a week when the accident wasn’t even my fault. I currently smoke cannabis at weekends and rarely in the evening, my boss said if I was to claim he’s had a medical done on me and would have me sacked. Can he do that due the the urine sample he’d want from me? I have been smoking more to help with pain relief since I been signed off so any tests would come up positive. I feel that my boss is shafting me and I’m scared to put in a claim.

    Reply
    • Ian Morris

      Whether or not your employer has a legal right to demand that you provide a urine sample for testing is a moot point and should not stop you from investigating whether or not you can pursue a claim for compensation against the employer.

      The best course of action in any claim enquiry is to do what you have done and be completely honest up front so that a Solicitor can advise you on the basis of full facts. The key in this incident was the cause of the injury and not whether or not you may have consumed cannabis at some stage. Clearly you have suffered painful and mobility restricting injuries and have every right to make a claim against the employer.

      Reply
  63. Shivaji

    I was off sick for 5 weeks due to the shoulder injury while playing sports but now my employer trying to argue with me that I had a lot of absentees is there anything I can say back to or what are my rights.

    Reply
    • Ian Morris

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

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

      Reply
  64. Fransha Brooks

    Hello, i was injured on my job as a longshoreman.
    I fell inside a tarp container which had plastic covering on top because of negligence on behalf of my employers crane operator. I was pushed down by the 24,000-34,0000 pound container causing me to fall inside almost entirely. I scarred tissue on my right side hip and back. I have been off from work for two months. I have been receiving physical therapy and over the counter pain reliever prescriptions from the doctor. I am on workers compensation however it is hardly enough to pay my bills. Do i have a claim?

    Reply
    • Ian Morris

      Under UK law, it would appear that you have a valid claim for accident at work compensation. If you have not already done so, it would be a sensible move to ensure that a full report of the accident is recorded with the employer in their accident book and this is also a matter that ought to be brought to the attention of the Health and Safety Executive.

      Reply
  65. Chase

    What happens if I don’t get hurt at work but I’m outta work for weeks with a broken hand is there anything I can do?

    Reply
    • Ian Morris

      If you are injured away from your workplace and that injury prevents you from working, your employer is not liable and under UK law would have no legal obligation to pay your usual salary unless you were contractually entitled to full pay whilst off sick. It is most likely that you are only legally entitled to Statutory Sick Pay (SSP) and the employer must pay you that.

      The only course of action you would have regarding recovery of any loss of income or compensation would be by claiming against the cause of the broken hand. Therefore if you fell somewhere or were injured in a road traffic accident for example, you could pursue a claim against the relevant person or authority and if successful recover your loss of income etc from them.

      If you need some further help with this, please do call us on 01225430285.

      Reply
  66. Marlene

    I burnt my hand at work. I was off for over 5 weeks. Apparently that was my fault but nobody even informed me if that was incident or accident, paperwork has been done while I was off and I just filled short statement what have happened. Also because of the Bradford index I am due for disciplinary meeting for being off sick.

    Can I claim?

    Reply
    • Ian Morris

      You may well be able to pursue a claim against the employer for the burn injury to your hand. You state that it was ‘apparently’ your fault – who told you that and on what basis are they qualified to make that judgement?

      It is not acceptable for the employer or a colleague/manager to apportion responsibility for your injury upon you as this needs to be considered in context and include the responsibility your employer had towards your safety at work. In a short conversation with you, we would be able to identify whether your employer has failed in their duty towards your health and safety – such as a lack of training, incorrect equipment or a lack of protective equipment etc. If we can identify a failure on your employers part, it would be reasonable to pursue a claim against the employer for the burn injury and any associated loss of income or incurred costs.

      We’ve an article covering burn injuries at work if you’d like to read it.

      Reply
  67. Michele

    I work with adults with autism who live independently and last week my client physically assaulted my car during a crisis. The passenger door will not open inside or out. My company has left me without the use of my own car for the weekend and I have lost time at work because I cannot safely transport clients until the door is replaced. Am I entitled to lost wages until I can get this fixed?

    Reply
    • Ian Morris

      As there is no personal injury involved in this situation, we cannot assist you. If you too had been injured in this incident, we may have been able to pursue a claim against the employer if they had not properly risk assessed the individual who caused the damage and the damage to your car would have been recoverable (if you were to have won the claim) as part of your special damages.

      In this incident, you may be forced to look at claiming from your own insurance cover – although that may not pay out if you have not specifically taken insurance that covers you for your work.

      Reply
  68. Beth

    I have damaged my kidneys due to no toilet at my old work place. I had a week off as doctor said I needed to be in hospital but didn’t get paid sick pay. Also I worked 6 to 10 hours without a break which resulted in me not controlling my diabetes. Can I claim?

    Reply
    • Ian Morris

      The main issue you will have in such a claim scenario would be causation. That is proving the causal link between the working conditions and your kidney damage. Whilst we do not disbelieve you at all, it is likely to be hard to get such a claim pursued on a No Win No Fee basis as there may well not be sufficient evidence available to support the claim.

      Reply
  69. Kate

    I have hurt my shoulders due to the work i do, it has been going on for nearly 2 years now, i have taken holiday to attend my physio, although my manager has been made aware that it is my job role that is causing my pain, he has made no effort to change my daily routine, and i am still expected to do the job that they know is causing the problem. I am now on the verge of leaving because no one seems prepared to help my situation. I just wondered is there anything they should be doing? Can i claim my holiday back? Do i have a claim against them? Thankyou

    Reply
    • Ian Morris

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

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

      Your situation certainly warrants further investigation as you could well have a claim to recover your used holiday allowance, compensation for the pain and discomfort, appropriate rehabilitation therapies and other costs. We just need to speak with you first before we can be sure! Please call us on 01225430285 or use our website to make a request for us to call you at a time that suits you.

      Reply
  70. Sianna

    Hello,

    My brother in law is a self employed painter and decorator. He has been an ongoing labour only sub contractor for one firm for years but is paid through an umbrella company by them.

    He is epileptic but had not had a seizure for a few years. The firm were aware of this.

    On Thursday he had a seizure at the top of a scaffolding tower and fell off, this has resulted in him breaking his back in 5 places (T3 to T8). He is in hospital and will be there for the coming weeks. His injury is recoverable with the consultants indicating a recovery time of around 6 months.

    His family will now have no income as of next week and his care needs when he arrives home will be substantial meaning that his wife will be unable to seek employment through this time.

    For the years he has been working for the company there seems to have been no regard for health and safety, risk assessment or safety briefings.

    Although I can see that labour only subcontractors should be covered under Employers Liability Insurance I am unsure if the use of the umbrella company would change this. Having looked at the company the entire point of them is to ensure the subcontractors are not seen as employees (Hudson).

    In these circumstances would my brother in Law have a claim against the company?

    My other concern would be that he would likely still want to rely on this firm for work upon recovery as it has been his sole income for many years.

    Reply
    • Ian Morris

      Whether or not the epilepsy and any risk assessments around that issue would be relevant to the claim would need to be investigated. It would depend on what, if anything the employer had been made aware of in writing.

      The interest to us in this query from you though is a possible claim for compensation arising from the fall from such a height and given the serious injuries and long term consequences, a claim would likely be pursued. When scaffolding towers are in use, staff must be trained to use them safely and they should have the appropriate barriers on the top to prevent falls.

      We would be very happy to speak to the injured person to find out more about what happened and advise them as to what action we could assist them with in terms of a claim. Given the severity of the injuries and fractures to 5 vertebrae, even if he makes a good recovery it is likely that he will have permanent issues and therefore he needs to consider his long term best interests rather than those of the firm he works for. Realistically, will he be fit to continue with this kind of work after his recovery? If he were to succeed with a claim, not only would compensation for the injuries and long term consequences be taken care of, but he would recover loss of income now (possibly that of his partner too) and also loss of income in the future if he is deemed unfit to work in such a role.

      Reply
  71. Elaine

    I had an accident at work and have torn a tendon which needs an operation I’ll be of work for a while, will I still be paid a wage?

    Reply
    • Ian Morris

      If your accident at work happened in the UK, your employer will not be obliged to pay your usual income whilst you are off work for treatment of recovery. The only obligation on your employer will be to provide Statutory sick pay (SSP) whilst you are off. If this is the case, you’ll be out of pocket with lost income.

      However, if you pursue and win a claim our solicitors would recover compensation for lost income as well as your injury and the pain/discomfort caused by it.

      We need to know more about the injury, how it happened, what your work is etc in order to help you to identify whether or not you can pursue a claim.

      Reply
  72. Nick

    I had an accident whereby I fell from an LGV onto my back. I was off work for about 6 weeks. I was paid and to a certain extent it was my fault because of the incorrect footwear I had on.

    Is there grounds for a claim?

    Reply
    • Ian Morris

      Potentially there is a valid claim, but we really need to know more about the accident to be able to advise you properly. You mention wearing incorrect footwear. Whilst this could force you to have to accept a level of contributory negligence, your employer could still face some liability if they have not enforced the wearing of prescribed footwear and bear some responsibility for the fact that you fell from the wagon.

      Reply
      • Nick

        Thanks for your answer. With regards to contributory negligence I understand but I think I add to the problem because I was the manager of the department at the time. So in terms of whether I policed the footwear…….I didn’t! I no longer work there and felt in hindsight I was in pain and discomfort and this might have some bearing on whether I should proceed. My only out of pocket expence was about £30 for a 6 month prepaid prescription card. I’m not sure I have a case. But thank you for your time. BTW the company was ASDA, in case you were curious. Thanks again.

        Reply
  73. David

    If a work mate has run me down whilst driving a forklift and I am to claim loss of earnings due to being off work. Would I claim against the employer or the employee?

    Reply
    • Ian Morris

      In the accident at work scenario you describe, any claim would be made against the insurance held by your employer, rather than the employee. If you would like to find out more about pursuing a claim for compensation and discuss your concerns about claiming against an employer with us, please call us on 01225430285 or use our website to request that we call you.

      Reply
  74. Lillian

    My husband had an accident at work that left another employee death and now there is a law suit against my husband and the company. Can my husband get medical help for this he has not being the same and hasn’t being able to even work again. What can i do to help him?

    Reply
    • Ian Morris

      If your husband was injured in this accident, whether physically or emotionally (which would seem to be the case and totally understandable given the serious consequences of the accident), he too may be able to make a claim for accident at work compensation. Whether or not he would be able to make a claim will depend on the specific details of the accident.

      UK law affords any person who is injured, whether physically or emotionally due to the negligence of an employer the right to make a claim for personal injury compensation.

      Reply
  75. Karen

    Had accident at work, been left with headaches, doctors said I’ve nerve damage, been off work 6 months, in full pay, still undergoing and waiting for treatment. Work mentioned shorter hours, but I’ve to use my holiday leave to cover rest of hours, and they are considering terminating my contract. I’ve been there 25years. I’m still under the doctor they want me back to work on Monday, should i go back? What advice can you give me?

    Reply
    • Ian Morris

      Our advice is to always follow the advice of your GP or Doctor, rather than do as your employer demands. Your GP/Doctor will always have your best interests at heart whereas your employer probably won’t!

      With regards to your accident at work, we may be able to assist you in making a claim for personal injury compensation and would like to discuss this with you to find out what happened and how in order that we could advise you as to whether or not you meet the criteria to pursue a claim.

      Reply
  76. Keith

    Hi my employer caused an accident. I got injured badly and had a lengthy time to recover. I have to see a nerve specialist now for spinal nerve injury as well. My employer is going to sack me on thurs. Have you any advice please?

    Reply
    • Ian Morris

      You have suffered a serious injury. Nerve damage is known to be a serious issue and recovery can be prolonged and possibly limited, so looking in to a possible claim is sensible in the circumstances.

      For us to advise you as to whether or not you have a valid claim to pursue for compensation for the spinal nerve damage and any associated loss of income and care costs, we need to know more about the accident. We need to know what happened, what you were doing and how you were injured in order to ascertain areas of potential negligence. You can call us on 0122543028 if you’d like to discuss things further, and we have more info on spinal injury claims here.

      Reply
  77. Angela

    I had my head split open with a brush at work from a vulnerable adult!! I had to take time of work as I became very anxious and received medication from doctors. To this day I suffer panic attacks even though I still work there I have moved on to Nightshift as I feel I can’t leave the house through the day!! I lost earnings and returned back to work early against doctors wishes and for financial purposes and was told I would receive nothing.

    Reply
    • Ian Morris

      You may have a valid claim for accident at work compensation. Whilst the employer did not directly cause your injury as it was caused by an individual with limited capacity. However, the employer would have a responsibility to ensure that the risks posed by the vulnerable adult were properly assessed and that the appropriate mitigating steps had been taken to minimise the risk of injury in the workplace.

      Our specialist Solicitors will be able to identify whether or not your employer has breached their obligations towards your health and safety at work and whether you can pursue a claim for compensation. Please call us on 01225430285 or use our website to make further contact with us.

      Reply
  78. Haroon

    Hi there, I’ve been stressed out and had sleepless nights past few days due accusations been put on me at work which are lies and false, can I get stress leave etc get paid my weekly wage in full? Thanks.

    Reply
    • Ian Morris

      If you see your GP, they will advise you as to whether or not you should have some leave from work to enable you to reduce your stress. If the GP does sign you off, your employer is not obliged to pay your usual salary as the legal requirement is for them to pay SSP to those staff who qualify for it. You may receive full pay, it really depends on the contract you have with your employer. You can have a read about claims for stress at work if you’d like further info.

      Reply
  79. Jonathan

    Do I have a right to claim sick pay from my prime employer if an injury in a second job has prevented me from working in either role. I only qualify for Company sick pay from my prime employer?

    Reply
    • Ian Morris

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

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

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

      Reply
  80. Laurie

    Hi I worked for the ambulance service and I hurt my back on a job, it’s been 7 years since I was let go due to not being able to do the job and I am sure nothing can be done now but thought I’d ask as I have suffered from depression since the accident

    Reply
    • Ian Morris

      The law of statute in personal injury claims in the UK is strictly 3 years. As such, given that 7 years has passed you are unable to take any action or pursue a claim in this matter.

      Reply
  81. Colin

    Hi Ian, I’ve had an accident at work in April 2019 and am still on sick awaiting an MRI scan for lower abdominal injury.
    My job entails stacking shotblasted and painted steel for production and delivery to customers. My main piece of equipment is an overhead magnetic crane for stacking large section steel beams as I work directly in a crush zone hence the crane. In April it broke down and we were told we had to stack it manually by hand with the aid of a crane with chains and lifting clamps which put us on the floor in the crush zone. Needless to say this was very dangerous or could be and you had to keep your wits about you as steel is constantly pushed into the crush zone. To try and stay safe we kept above the area by walking on tressles to avoid being trapped and keep production going.
    One of my coworkers fell off the tressles banged his face and injured himself, 2 weeks later I stepped up onto the tressles and felt something punch me in the lower abdomen hence I’m awaiting MRI scan to determine the injury, 2 weeks later another coworker strained his groin doing the same thing as me but didn’t report it as he’s worried for his job and has a young family. At no point at anytime was a risk assessment or safe working procedure, or tool box talk given to any of us to ensure our safety or wellbeing in the workplace. Furthermore the management colluded with my supervisor to keep it out the accident book even though they both have iosh and nebosh qualifications and have the conversations on my phone in black and white!! Could you tell me in your opinion if they are in the wrong and would I be correct in pursuing a claim for damages. I’m currently funding my living expenses myself as I only get SSP.

    Reply
    • Ian Morris

      Your description of the events at work indicate to me that you would be within your rights to pursue a claim against the employer for the injuries sustained and the costs you’ve incurred (loss of income and spending of savings etc).

      This is a matter that warrants going before our specialist Solicitors and I would like to assist with that. Please use the ‘start a claim’ page of our website to make further contact so that we can get the necessary information and have our specialists discuss this with you.

      Reply
  82. Julie

    Hi
    A colleague had her glasses pulled off her face and broken by a young person with disabilities, her employer refuses to pay for a replacement pair, stating that from an insurance perspective they do not own them, therefore do not have a duty (or a right) to do so.
    Please help

    Reply
    • Ian Morris

      Unfortunately, we cannot intervene in this matter as there is no physical injury. If there had been, recovering the cost of replacing or repairing the spectacles would have formed part of the special damages element of her claim. In this case, all she can do is make written representation to the employer outlining what has happened and how her spectacles have been damaged whilst performing her duties and request the employer to cover the replacement/repair cost.

      Reply
  83. Martin

    I just had a major surgery (unexpectedly) and despite giving my all for my firm, the director chose not to pay me full pay. That was a blow and obviously added pressure to my recovery. I simply cannot afford to stay off for the amount of time the hospital say.

    Moving forward, as an office employee, can I expect , or have a right to work from home for a period? That would be beneficial to me and my recovery.

    Reply
    • Ian Morris

      Whether or not you are entitled to the right to work from home is not something we can answer as this is an employment law matter and not one of personal injury. UK law does not oblige your employer to pay you if you are off work, indeed, the only legal requirement for the employer is to provide statutory sick pay (SSP) unless your contract with them affords you any greater benefit.

      Reply
  84. Brett

    Hi, I work in a concrete and fencing company. I mix and pour concrete to make the post. When I demould posts I can lift 9 foot posts. My job for the the last 3/4 years has involved alot of heavy lifting. In 2017 I was referred for an MRI as I was suffering knee pain in my right knee. While waiting for my results it gave way twice at work and I went to a&e. They looked at my MRI and fast tracked my consultant appointment.
    The consultant said that basically my knee was knackered and offered the option of a steroid injection which didn’t work. I returned 6 months later for a review which is when I was told I had arthritis and surgery was the only option. As I am only 44 we spoke about half a knee replacement. When the surgeon looked at my MRI he said it was so bad as it was bone on bone I needed a full knee replacement which I had March this year. I worked up until begin of march but the pain was crippling and I had to use a lot of my leave to get me through as we have no savings. I have been told by the surgeon I cannot go back to the work I was doing. I’m seeking counselling now as it has taken drained me mentally as well as physically. Do I have a claim?
    Many thanks.

    Reply
    • Ian Morris

      Employers have a responsibility to ensure that any staff working in a role that requires repeated heavy lifting are given the correct tools, training and support to allow them to work as safely as possible. Employers must also adequately risk assess the weights and items that they are asking staff to lift and move and in appropriate cases provide additional support or lifting equipment to reduce the risk of injury.

      Of course, at this time we do not know what training, support, equipment and risk assessments your employer has put in place so we cannot be certain as to whether or not the employer has in anyway been negligent. However, you describe a very serious injury and a requirement for complex knee replacement surgery at a young age and this indicates to me that there is a claim that should be investigated further. We would be happy to assist with this and I suggest that you visit the ‘start a claim’ page of our site to provide your contact details so that we can speak with you regarding your work and ascertain the prospects of succeeding with a claim for you.

      If successful with a claim you would be able to claim compensation for the pain and discomfort caused by your knee pain, the impact of the surgery and your long term prospects with the knee as well as recover lost income caused by your time off and need to find new employment elsewhere. Our article on knee injury claims may be of further interest. Regarding the psychological impact that this has had upon you, it is important that you do seek counselling and that these issues are also noted on your medical records as they too could form part of the final valuation of any claim if you were to succeed.

      Reply
  85. Nicola Lang

    My twin daughters have both been injured at work. They are only 16 and doing an apprenticeship at a large Equestrian centre. First daughter was told to take a horse to the field in her first week working and was kicked in the head which needed stitches. One month later my other daughter broke her collar bone when the managers dog ran in front of the horse she was riding, resulting in both horse and rider to fall. Could you please advise?

    Reply
    • Ian Morris

      It is hard to advise specifically on either of the two injury scenarios you describe given that anyone working with Horses will have to accept that they are animals and may present a risk to those working with them. However, there could be a valid claim for both daughters if we can establish that the employer has failed to adequately minimise the risk of injury at work by providing the correct training, correct safety equipment and risk assessing the work being requested.

      Reply
  86. Shakeel

    I have been working in an accident where I was manual lifting and pulling in deliveries. These deliveries weigh a ton and are really heavy to pull in by yourself. Normally you get another employee to assist you but with this new manager in place he only wanted me to pull it in. After pulling and straining for several hours I felt a sharp pain down in my testicles and started to have lower back pain I didn’t think much of it till the next day.

    I went to my GP and told him my symptoms where he done a check and I was diagnosed with epididymitis. He told me to stop lifting manual stuff and pulling deliveries. I provided an SSP and a doctor’s note as i couldn’t walk and was limping to a point where I was crying 24/7. I had about 2 weeks off work and was being verbally abused over calls that I should return to work as I’m down for rotas although providing a doctor’s note.

    Where do I go from here? A year has passed and I’ve still got the condition and it’s even worse and I’ve now got an month of work through an doctor’s note and the other manager is telling me that if I have to much time off I’m going to get the sack, although I have an ongoing condition with epididymitis which I’m seeing my hospital this week for pre-surgery assessment as I’ve taken Doxycycline and Ciprofloxacin which hasn’t helped.

    Any advice please let me know, thanks.

    Reply
    • Ian Morris

      If your Doctor believes that your epdidymitis was caused as a result of the manual handling injury sustained at work last year, you may have a valid claim against the employer for compensation for the pain and discomfort of the injury as well as any associated loss of income.

      Reply
  87. Gill

    I have been told by my union solicitor that they are not going any further with my case. This is after 18 months. What can I do? Thank you.

    Reply
    • Ian Morris

      You do have the right to ask a different Solicitor to obtain your file of papers from your previously instructed Solicitor and sign a form of authority to enable them to release that file. They can then review the work undertaken and see whether the decision to drop the claim due to a strong defendant position was the correct course of action or not. If not, a new Solicitor could take the claim further and attempt to succeed for you.

      Reply
  88. Pete

    Hi I had a car crash while on work time driving to a branch. I was off work for 8 months went back to work and lost my lgv as I had a bleed on the brain so have to wait for a time to get it back so I get very tired from long hours and lots of driving, and no they are talking about that I can’t do my job.

    Reply
    • Ian Morris

      Employers are entitled to terminate the employment of an employee on grounds of ill health or being unfit to perform the role that they were employed to do. However, the employer must go through due process before making any such decision.

      We are not employment law specialists and your situation is one that needs to be addressed to such an expert. To this end, please make contact with a specialist in employment law for advice as to whether or not your employer is acting within the law and that your rights are protected.

      Reply
  89. Gunther

    Can i be dismissed for breaching health and safety after an accident in work? I’ve been an agency worker for 8 weeks.

    Reply
    • Ian Morris

      If an employee has been made aware of the required health and safety aspects for a certain workplace or item of work equipment, they would be expected to follow the trained protocol at all times. If an employee then causes an accident or incident by ignoring the training given and acting in a manner that is not in accordance with the protocol trained, it could be seen to be an act of gross misconduct and termination of employment could be made on such grounds.

      If however, the employer has not provided the employee with the training or has trained the employee to work in what transpires to be a dangerous manner, it is hard to see how an employer could dismiss someone in such circumstances.

      Reply
  90. Tanja

    I had an accident at work (I am a housekeeper at a college) when my knee made a horrible loud noise and I can’t put weight on it or bend it. I was sent to A&E, had an MRI scan and saw a Doctor in the fracture clinic who said it was bursitis. My pain and swelling continued so my GP gave me the number of a physiotherapist (where they can assist me with steroid injection for severe pain and exercises). I visited the physio and I got exercise for my knee and on examination she suspected an injury to medial meniscus and possibly MCL. The swelling and the pain has improved, but I still feel significant pain with walking. From my work I received a letter about welfare meeting and I felt pressured. I showed the letter to the physiotherapist and she suggested I return to work, on lighter duties – half shift – and then increasing by an hour a week, with modified activities (avoid or modify activities that involve kneeling).

    I called my GP and he issued a sick note for SSP, and confirmed that I may be fit to work on amended duties – less squatting as this is caused severe pain in knee. I’m back to work after three months. The work place have given me new a designated area as I start work with 3 hours (it’s long walking distance to the building and the house have three floors and staircases). My pain in my knee has returned to severe and the swelling is back. Should I continue to work, or should I go back to the GP for a sick note? I feel that they punish me and are not helping me to recover. What are my rights as employee? Thank you!

    Reply
    • Ian Morris

      Whilst your pain and discomfort has returned to a serious level after going back to work, it would appear that your employer is working to support you by allowing revised duties and shorter working hours. Unfortunately, there may be little else that they can do. You could of course arrange a meeting with them to see if they have a different role in the short term that you could fulfill that does not require hours of walking or being on your feet. If so, that would enable you to rest and recover from the injury sustained.

      You do have the right to make a claim for compensation against your employer if you believe that your initial injury was caused by their negligence towards you – perhaps a lack of training or risk assessing your work. If bursitis is found, that is a repetitive strain injury and could be caused by your work and you should investigate this further. Please use the ‘start a claim’ page of our website to make further contact with us. We’ve also an article on bursitis claims if that’s of interest.

      Reply
  91. Ian Morris

    You may well be entitled to compensation and given the severity of the injury you’ve sustained and the pain, discomfort and distress that it will cause (and the loss of income), you have every right to make a claim in this matter. Your employers appear to be on notice that this particular lady required additional equipment to enable you to work safely with her. As they have not provided that equipment and don’t appear to have given a reason as to why it is not needed, then there is a reasonable prospect of holding them liable.

    We would certainly like to assist you further with this.

    Reply
  92. Hannah

    Hi this is not regarding me, its a family member however I feel she is scared to ask her boss anything due to him being rude to his staff. For the purpose of this I will call her *Amy

    Amy has worked for a company for nearly 10 years. first I don’t think she has a work contract, it is unknown to me if this has been completed or if it has whether or not she has it. she is worried to ask for a copy as she doesn’t want to feel uncomfortable or the boss to be rude to her.

    Amy is currently a sales representative for a family run company that rents out fridge vans to companies. her roles is to find business and also admin duties. However due to the high demand and previous experiences she has been delivering the vehicles to customers.

    Amy is meant to work 8-5, mon-fri however over the last 5 years its more “the dogs body” and completes all task, more so driving roles. Amy has since deteriorated in health due to many injuries such as a frozen shoulder due to lifting A-frames to attach vehicles together and also long distance driving has put strain onto her ankles, to which recently she has had to have an operation for. Amy went to the doctors and was told that long distance driving should be stopped for a while and was put on light duties or sick( I’m not sure which one) upon Amy’s return she was unable to drive and had her arm in a triangular bandage to rest and was told by her boss that vans needed valeting and she is required to wash the vans . Amy completes a few 10-12 hour days shifts with long distance driving and is told the night before what her start time is.

    I have asked Amy if there is an accident log book or union support to which she is unsure of and has never written in this when telling the boss how much pain she is in however the boss just replies “you’ll be fine”.

    I feel that this must be a breach as every company should have a log book or Datix. surely if she is suppose to be employed to complete a sales representative role and is injured she shouldn’t continuously be put at risk.

    Reply
    • Ian Morris

      The employer you describe would appear to be in breach of many health and safety obligations as well as possible employment law breaches. With regards to employment law, that is not something we can advise on.

      However, with the personal injury side to this story (frozen shoulder etc), the employer has an obligation to ensure that employees can work safely and that the risk of injury is minimised. This would require the employer to provide adequate training with regards to manual handling and lifting and also to correctly risk assess the nature of each role tasked to an employee. Of course, to succeed with a claim for compensation evidence will be needed to support the allegations that an injury was suffered in the workplace, so completing an accident book entry is important.

      Reply
  93. Tanya

    My son got injured at work. A 6mm, 113 kg, steel plate fell on him. He was NOT sent to the doctor to see that everything is ok. The following day I had to take him to the hospital with all the IOD forms. The doctor booked him of for the weekend and gave him very mild painkillers. Monday when he went back to work he could hardly move and went to the manager and said that he will go to hospital, due to him not feeling well, he was very pale. When they booked him off till Wednesday next week, the manger said to him that he had to evaluate his position at the company. What rights does my son have. Can they tell him to go?

    Reply
    • Ian Morris

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

      Reply
  94. S

    I’m unsure what to do, I was at work last Friday in an aged care facility. I injured my back due to manual handling and behaviours from a resident, there was no side rails on the bed which when we were rolling the resident assisting to cares the resident was grabbing onto my self pulling my back towards her and became quite resistive when asked not to do so .
    Her behaviours have been well documented and management are well aware also have been asking for side bed rails for a long time as most other people in the facility have them so the resident doesn’t feel the need to grab onto us staff. It has been ignored from numerous staff until mused got injured on Friday and now bed rails have been put up straight away.
    They were not on due to their being none in stock they say, though it was a major hazard.
    My doctor suspect I have pulled my quadratus lumborum which is causing it to have spasms when I’m on my feet for a long period of time, and have been given pid medication to maintain the pain as my doctor said it should ease over time.
    I was told I was ok to go back to work, I turned up to my shift today and have been taken off the roster and my permanent shifts.

    Just not sure on we’re to go with this as my manager and ceo are not easy to speak to.

    Reply
    • Ian Morris

      The employer appears to have been on notice that this particular patient was a risk and that bed bars were needed. That they have then failed to provide them does not necessarily mean that you will succeed with a claim, but it certainly indicates that a claim should be made in order for them to have to provide a substantive defence. Our article on care worker injury claims may provide you with more info.

      Reply
  95. Richard Mcknight

    I went into a container to turn the washer on. The lights were not working and I fell over straps that should have been placed in boxes. I hurt my back and shoulder and had to be taken to hospital by ambulance. Been attending doctors for the last 10 weeks and now waiting on physio to help me. I have found out from another employee that he was told that the light in the container was reported 6 times and nothing was done to fix this. It was then fixed 3 days later after my accident.

    Reply
    • Ian Morris

      You describe a clear example of employer negligence and as such, you have a valid claim for compensation and should pursue this further with us. The fact that your employer was made aware on 6 (or more) occasions of the lights not working indicates that they were on notice of a potential health and safety issue. The employer was obliged to repair that issue and their failure to have the lights fixed has caused you injury. As such, you are entitled to seek compensation for the pain and discomfort caused to you and to recover any incurred costs or loss of income.

      Reply
  96. Chris

    Hi, I am wondering if i am eligible to make a claim? I was at work last week (I do sandblasting) and when I was in the room a steel panel fell off the roof and hit me on the head, bending my neck. I had been in some pain and yesterday it became increasingly painful so went to a&e and it is soft tissue damage (whiplash) in my neck. I can’t move it very well and I’m under pressure from my employer to get back into work. I’m just wondering what to do as I am in a lot of pain and don’t think I can go back yet?

    Reply
    • Ian Morris

      You most certainly have a valid right to pursue a claim for compensation against the insurers of your employer. Given that a steel panel has fallen on you from height, it is understandable that you are now in pain and suffering as a result. When a heavy item falls on someones head from height, along with the obvious symptoms such as concussion, headaches etc, it is also common to see injuries such as whiplash and muscle damage.

      You should certainly make sure that an accident report is made in the accident book at work and if your neck is still sore, you should see your GP and ask to be signed off work for a week or so to aid your recovery. Whilst your employer may struggle without you, they cannot argue with a qualified medical opinion stating that you require rest as a result of injury. Of course, you may lose some income if you take a week off, but should you then make a claim any lost income or incurred costs caused by your injury will be recovered during a successful claim by our specialist Solicitors.

      Reply
  97. Nick

    Hi, so three weeks ago I cut my fingers at work, ended up calling an ambulance as we were struggling to stop the blood flow. I went straight to and A and E to check if there were any chards of crockery left in my finger (nothing). Had my fingers bandaged up for 5 days. However 3 weeks down the line, I have no feeling in certain parts of my fingers and struggle to hold things with those fingers as well. My injury was from a machine, however when I was getting first aid I did say a numerous amount of times that it was my fault and I was silly trying to fix the issue myself. But now looking back on the accident the machinery was at fault.
    My queries are: because I said it was my fault will this affect a claim for my injuries?
    Am I entitled to paid time off work to get medical attention if required?

    I’m planning on getting a doctors appointment as soon as possible.

    Hope you can help.

    Reply
    • Ian Morris

      You should disregard what you may have said verbally at the time of receiving 1st aid as you would have been in a state of distress and shock. If you genuinely feel that the machine was at fault and that the employer ought to have provided better equipment, training or maintenance of the machinery you can pursue a claim for compensation. Injuries to the fingers from serious lacerations can cause permanent or severe ongoing symptoms that impact on dexterity, feeling and grip strength. If you were to succeed with a claim for compensation, the settlement amount will reflect the long term consequences of the injuries you have sustained. Our article on finger injury claims has more details about this.

      Your employer is not obliged to pay you sick pay for time away from work – even if the time away from work was caused by a workplace accident. However, you can recover your lost income by way of claiming compensation for the injuries sustained.

      Reply
  98. Colin

    I worked for my past employee for 16 years. The job involved delivering and installing office furniture nationwide sometimes having to carry goods upstairs. Most of the items were over 25 kilos yet we were expected to do this work single-handedly. I have been told I will need both knee caps replacing at some point and believe this has happened due to constant strain on my knees. I no longer work there now – am I entitled to make a claim against them?

    Reply
    • Ian Morris

      You do have the right to make a claim, but it must be done within the claim limitation period which is 3 years from the date that you became aware of the symptoms of the knee pain and believed it to be work related. Therefore, you could already be struggling on that issue.

      The other main hurdle to cross would be causation and proving a causal link between your work and your knee trouble. A medical expert may well find that the knee issues you have are age related degeneration rather than simply through lifting and moving at work. If you are within 3 years of your first appointment with a GP regarding the knee pain and your Doctor believes that these problems are work related and not simply ‘wear and tear’ you could seek to make a claim against your employer.

      Reply
  99. thomas

    i was elbowed in september 2017 by a service user i was looking after that day, he just out of the blue elbowed me in the mouth loosening a front tooth which needed removing, also loosened most of my other upper teeth, the other teeth are now going to be extracted.
    i no longer work there i left almost immediately after only 3 weeks service.
    i did not wish to work with challenging clients and i had not had challenging behaviour training anyway so would not expect that behaviour. i found out afterwards that he was violent quite often so therefore ought to have been given the necessary training.

    Reply
    • Ian Morris

      You describe a possible episode of employer negligence in the lack of training you had received and no warning of the risk to your health and safety.

      We would be happy to further investigate this matter for you.

      Reply
  100. Betty

    I hurt my knee at work a few weeks ago and since this time have been terminated for other reasons.. can I still claim workcover or not?

    Reply
    • Ian Morris

      Under UK personal injury compensation law, if an employee has left the employment of a workplace where they had sustained an injury due to negligence of an employer or a lack of training, they can still pursue a claim for compensation. What really matters is what was placed on record within an accident book and what medical treatment has been given in order that sufficient evidence will be in place to support any claim.

      Reply
  101. juan

    I fractured my finger placing grills at my worksite. I had no experience and nobody had shown me how to do it. It isn’t even in my department because i’m supposed to be with the pour crew. The employer did send me to the doctor and everything. I’m going to almost 2 months and my index finger hasn’t got better – I cant fully close my hand because my index finger is still swollen. Is there anything i can do? I can’t operate well with my job duties because of my finger.

    Reply
    • Ian Morris

      UK law obliges all employers to ensure that staff can work safely and that the risk of injury in the workplace is minimised. With this in mind, an employer needs to ensure that staff are adequately trained in order that they can work safely and it would seem that in your case, this has not been the case.

      Injuries to the fingers, particularly the index fingers can be very problematic and hinder day-to-day activities and dexterity, therefore claiming compensation for the pain and discomfort of such an injury along with hopeful access to specialist rehabilitation therapies provided during the claims process is a just and sensible move to make.

      Reply
  102. Molly

    My son is a roofer. The guard rail gave way when he lent on it. He fell from the roof to the ground. Now has bruising in the shoulder and a bubble of fluid and a tear. His employer is not happy. Asking for advice.

    Reply
    • Ian Morris

      In this case, it would be reasonable and just to make a claim for the injuries he sustained at work. Whether the claim is against his employer or due to another party (whoever erected or has responsibility for the safety and maintenance of the site most likely), he would appear to have a valid claim for compensation.

      Reply
  103. Jan

    I was hurt at work by moving a table by myself as I was told out of the room. The table legs latch was broke and it no longer stayed in while being moved. I was not told about this being broken but they were aware because afterwards my supervisor said, oh I forgot to tell you. And now they are all putting off signing my incident report, the injury tore my ucl in my right arm.

    Reply
    • Ian Morris

      This could well be a strong and valid claim for accident at work compensation. We need to speak with you further to find out more about the accident and the work you do/training given by your employer. Please use the ‘start a claim’ page of our website to make further contact so that we can look further in to this for you.

      Reply
  104. craig

    Hi, I cut my leg whilst using a hedge cutter. I was only wearing work supplied thin trousers. I haven’t had a day off in 4 years and they made me use a days holiday for the single day I had off to help the wound heal. Spent about 6 hours in hospital awaiting sterilisation and butterfly stitches. Not happy about the way I have been treated and would like to make a claim.

    Reply
    • Ian Morris

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

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

      Reply
  105. Jo

    On 13/11/18 I had an epileptic seizure at work. I had been requesting and been supported by two occupational therapists for having my rescue medication to stop seizures on site ( an SEN school) it was 18 months of risk assessments and requesting. The care plan was in place which include rescue medication. However it was still a dismissal if I brought it on site due to risk assessment.
    I had a seizure grandmal and due to not having medication was unable to use the rescue medication prescribed and on care plan. Paramedics were called and I went into status as they could not stop seizures for over half an hour.
    I have not been back to work as I am having between 4 and 8 absences a day, suffer memory difficulties and need full care due to difficulties left from the status episode. I am entitled to 6 months full pay and 6 months half pay. The recovery is going to be long and slow and most possibly never be able to teach again. I obviously have money loss from this and effectively will lose being able to teach for the next 14 years, a job I love. My family and life has altered to needing care and ongoing tests. My life as an independent, full time teacher with good health, although disability of epilepsy which I advocate as no reason to not work – to a person unable to work, earn money and stay on my own and keep safe ( words written in sick note and specialist). My union are supportive, but I feel I would like to know my legal rights, as my daily life and that of my family has changed so much. What are my legal options?

    Reply
    • Ian Morris

      We sympathise with your situation and can appreciate just how much this recent incident has impacted on your life. Unfortunately, it is likely to be very difficult (under UK personal injury law) to hold your employer liable in this as they clearly had risk assessed your need for medication and had to take the view that it was unsafe to keep it within a school setting.

      Reply
  106. Shannon

    Hi I’m 18 weeks pregnant and I work in retail I’ve recently got a new manager who has me working in furniture and storage. I was in the warehouse trying to do the task he gave me and boxes came down on me I have been suffering with pains in my stomach and feeling bruised from this. I went to my doctor who also said it might be bruised on the inside. I feel as if the manager is pushing me out of the job as he can’t sack me. I explained to him I wasn’t able to work 12 to 9 at night because I don’t drive and live a hour away on the bus and don’t feel comfortable coming more into my pregnancy and a few days later he gave me the whole week 12 to 9 shifts is there anything I could do about this please? I also have hospital appointments and he has me to go to work straight after I am there 7 or 8 months now and I am part time but work full time hours. Am I entitled to be payed for my hospital appointments?

    Reply
    • Ian Morris

      You have a right to make a claim for compensation for the injuries you sustained at work when those boxes fell upon you. If successful with the claim, you would be entitled to compensation for the injury (the value of which is based on medical evidence and your recovery) and importantly, you will be able to recover any lost income caused by the injuries sustained or time off for medical appointments.

      If you haven’t already done so, please do ensure that the details of your accident at work are recorded within the accident book.

      Reply
  107. Karen

    I had an accident at work last October. It was reported. I was put on the sick. I have keep up with meetings with my manager regularly. I have got a solicitor involved.
    I am coming to the end of my ssp. But I have a sick note until the 30th June.
    I just need some help. I know that I have not got a job to go back to. So I just need to know with the accident happening at work, do i hand in my notice or do i let them dismiss me?

    Reply
    • Ian Morris

      The accident at work and your employment rights are two separate matters and should not be seen in the same light. You can seek personal injury claim advice from your specialist Solicitor or of course from us, but for the issue of your employment rights and whether or not you should resign or wait should be addressed to an employment law specialist as soon as possible.

      Reply
  108. Autumn

    I have worked at the company I am with for 1 year. We have been understaffed for 6 months. I am 5.5 months pregnant with only 1 other employee, we work a 5 person job with only two of us. I was sent to the hospital Monday and was told I have nerve compression on the left side of my leg and a threatened miscarriage (my child is okay). I came back to work today they know my situation and had me work alone with no help today. I’m supposed to be on light duty because this job is 100% the reason I’m having these problems.

    Reply
    • Ian Morris

      You should make a formal written report to your employer outlining your concerns and mention the understaffing issue. With regards to the compressed nerve issue, if you have been injured as a result of the physical nature of your work and your employer has been negligent towards your health and safety at work – perhaps a lack of training, over exposure to heavy, repeated lifting etc, you could seek to make a claim for personal injury compensation.

      Reply
  109. del

    Hi I am currently in plaster with two broken arms – I slipped on the step of my van and fell forwards onto concrete. The plastic cover was not secured to the metal step and all the fixings were missing, this had been reported several times by myself and other drivers but no action was taken to repair it. I had concussion, injured knees and whiplash and was 130 miles away from the depot, I called the office to report I needed to get to hospital and i was struggling to steer and change gears they said ok bring the van back then go to hospital, I managed to do 100 motorway miles but had to pull over on an emergency lay-by on the motorway where I fell unconscious for 50 minutes until the police found me and called an ambulance. The van was on tracker so was visible at all times to the office but no contact was made by them – do the company have a duty of care to track an injured driver and would I be able to make a claim? My partner asked to see the van but the company had off-hired it, but not before my partner had managed to get a picture of the faulty step.

    Reply
    • Ian Morris

      On the basis of your description of the cause of your accident at work, my initial assessment is that you certainly have a valid claim for compensation and we would be very happy to assist you with such a claim.

      The fact that the plastic cover on the step of the vehicle was loose and had been reported several times, yet was not repaired or action not taken by the employer would make it likely that liability can be attached to the employer in this matter on the grounds of employer negligence. Health and Safety regulations place an obligation on employers to provide a safe working environment and when a possible hazard to health is reported, the employer cannot ignore such a report and must ensure that any hazards are removed.

      We would very much like to help you and given the nature of your work and the injuries sustained, you could recover a substantial sum of compensation for the injuries and also the loss of income.

      Reply
  110. Rosalyn

    I have primary biliary cirrhosis, which was discovered during a blood test from being off with stress, A over a year ago I had the flu and few days later I came out in a rash which may have been a indicator of PBC , I wanted visit the doctor and check the rash out to see if was infectious as I work with small children, I told to come and see how it develops. I have had rashes since with my PBC which is a life threatening illness and it may have been discovered earlier and have a less of an impact on my life. I have text messages and photos.

    Reply
  111. Anne Villa

    I am hospitalized for almost a week due to surgery. My employer imposes monetary penalty for every absences incurred. Is it allowable by law that ill employees should pay during absences? Please enlighten me. Thank you very much

    Reply
    • Ian Morris

      Under UK Law, an employer does not have to pay any staff member their usual income if they are away from work due to injury or illness – even if that injury or illness was caused by their work. The law will simply require that eligible staff are paid Statutory Sick Pay. Some employers do pay full incomes to unwell or injured staff but that is down to company policy rather than legal requirement.

      No employer can require an injured or unwell employee to pay them a fee if they are away from work due to ill health or injury.

      Reply
  112. Mary

    Hello, I was injured at work due to a truck flap slamming down on my pinky finger breaking it in two places. I ‘m a loader. I keep telling my employer I think my finger is broken and they pretty much ignored my cry for help. Finally after about a month I said I was really in pain, which was from them having me load truck with my injury. I ended up having surgery and pins put in. This happened Oct 2018 and still going through. Found out now I developed postramatic arthritis because my employer didn’t handle my situation properly. Was going to oss, but after my surgery was done majority of the time I was seeing his assistant, which was no help at all. When i developed other problems with my hand that I never before she said they were not from injury. They said there was nothing else they could do. So I got a second opinion and i was told I developed postramatic arthritis. Frankly I was humiliated by my job and where my job sent me. Now I can’t do things like I use to. Has me very stressed and depressed. What can I do?

    Reply
    • Ian Morris

      Were the details of your initial injury to the finger recorded in an accident book or incident report system at the time of your accident? Your options could be to pursue a claim for personal injury compensation after your accident at work and the injury to your finger as a result of employer negligence. Our article on finger injury claims will give you more information and associated compensation amounts.

      Reply
  113. Dave

    Hi, I had a accident back in December resulting in me twisting my knee. While I was off I was also diagnosed with a suspected groin hernia. I returned to work 1st March on light duties as I’m waiting to see consultant for their plan of action. My employer is saying that if there is no light duties for me some days then you will be on sick leave without pay. I also had to have a cyst removed from my back which I was advised may have been a result of my accident, I have had cyst for 20 yrs but no problem until after accident. I have worked for this company since 1996. Can you please advise where I stand on this matter?

    Reply
    • Ian Morris

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

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

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

      Reply
  114. Nikki

    Hi i deliver for a chinese takeaway. A company has erected scaffolding right outside door and 1 of the bars is very low and has no hazard tape on it. On my way in door i struck my head on it which resulted in an egg shaped lump on my head and headaches. Apparently im the second person to walk into it. Where do i stand ?

    Reply
    • Ian Morris

      You have a potential claim for compensation, but you’ll need to make sure that the accident is reported to the property owner and scaffolding company. It would also be very helpful to take photographs showing the lack of hazard tape and ideally, a photograph with a clear measurement as to the height of the bar that you hit. You should also seek medical attention from your GP or Hospital for the symptoms of headaches in order to get the details recorded.

      Reply
  115. Sue

    I was injured in mini bus accident while working. I was a passenger but went back to the job after 2 days. It was the other vehicle that caused accident, I have internal bruising and it could take 4/6 weeks to get better, can I claim for this injury?

    Reply
    • Ian Morris

      You can definitely pursue a claim for the injuries you sustained in the road traffic accident you mention. The fact that you have returned to work will not prevent you from making a claim.

      Reply
  116. Dane

    My question is what if i got injured on the job and i had wrote a report and obtain my medical information but the company didn’t comply or get back to me until 4 months as passed, and now the employer is making a claim I took too long to claim a compensation. I would like to know if there’s a time period?

    Reply
    • Ian Morris

      UK law affords you 3 years from the date of an accident at work in which you can make a claim.

      Reply
  117. Shanta

    Can I be fired after a injury that happen to me at work?

    Reply
    • Ian Morris

      You cannot be dismissed for having an accident at work, but if you are badly injured and left unable to work for a long while, your employer could terminate your employment on ill health grounds eventually.

      Reply
  118. Ntombi

    Hi my mother is working as a registered nurse at a hospital and she fell inside the work premises but just after she had knocked off. Could she be able to claim for work compensation to get her monthly wages as normal since she is not fit to go to work for 6 weeks that the doctor gave her to heal?

    Reply
    • Ian Morris

      Whether or not your mother had finished duty or was still at work is irrelevant in this matter. What does matter is what caused her to fall and whether the cause of the fall can be attributed to negligence. If we can establish that she was tripped due to a hazard or item of disrepair then there is a strong possibility of claiming successfully for compensation for the injuries sustained and any incurred loss of income or costs.

      Reply
  119. Jamie

    Hi I’m trying to find out if my brother can make a claim, he’s been working as a cleaner for a good few years and when he started all he done was clean show houses but his boss started giving him different jobs which I’m sure he never had any training for. As in cleaning 5 storey building windows with a 100ft pole and using harmful chemicals. He worked 6 to 7 days a week from 6am till late, now he’s suffering with chronic back ache which he’s had 2 ops on, but he still went to work because he didn’t want to let anyone down, but now he can’t work, or even walk properly an he needs another operation on his back, but he’s been told if he has it there a 70% chance he won’t be able to walk after it. His boss won’t pay him his due sick pay and has sacked him leaving him in trouble with his mortgage and feeding his family.

    Reply
    • Ian Morris

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

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

      Reply
  120. Chris

    My wife was injured at work in the NHS restraining a mentally ill patient. The restraint is part of the job, however during the restraint the other member of staff restraining the patient let go and refused to help out, meaning she was thrown about struggling to contain them. She was off work with shoulder damage, has returned to work but till in pain with the shoulder injury. The other member of staff admitted they had done this and said he would not do it again. No further action was taken against him, yet she has been left with an injury which affects her sleep patten, left her in pain and has stopped her doing her usual sports. Can the employer be held responsible for the the negligent act of its employee?

    Reply
    • Ian Morris

      An employer has overall responsibility for the actions of employees and in this case, it would certainly make sense to pursue a claim for compensation against the employer. We deal with quite a few claims against the NHS.

      Reply
  121. Helen

    I was badly injured at work suffering a fractured tibia and fibula I have had 2 operations and wore an external fixator for three months.
    I was given the job of changing light bulbs in the house (large home) some were very high up.
    I received no training to use a ladder and subsequently fell when attempting to change a hard to reach bulb.
    My employer says it is my fault as I decided how I was going to change the bulb.
    Are they at all liable?

    Reply
    • Ian Morris

      Your employer cannot simply pass judgement on negligence or liability and it would appear that they have failed in their obligations towards your health and safety whilst at work. Effectively, your employer is admitting that they failed to ensure that you could work as safely as possible as they have simply left you to do the work without guidance or training.

      Given the severity of your injury as a result of your fall from a ladder at work, you really should consider pursuing a claim against the employer on the basis of their negligence. Whilst there can be no guarantee of success with the claim, there is certainly every reason to pursue this matter and it would appear that you have a valid claim with every prospect of succeeding. Our article on ladder accident claims may provide further info for you.

      Reply
  122. Victoria

    I am a carer, whilst at a clients house I noticed that I’d made a mess on their carpet (leaves and grass brought in on my shoes). After all their personal care one of their son’s friends came in and said about the mess so I got out the hoover and cleaned it up. However, I felt my back go and got very hot sweating, shakes and vomiting. I phoned my boss who was great at the time offering to take me to A&E, now I have been to hospital and been told that I have deep gluteal syndrome and urgent referral to physio she is now saying that it’s not in the care plan to do the hoovering and that I should of left the mess. Is there anything I can do as I now can’t work

    Reply
    • Ian Morris

      If you are not required to perform housekeeping duties by your employer, there would be no reason for them to have expected you to use a vacuum cleaner or provide any training or risk assessment of the use of such equipment. If this were the case, then I don’t think you could possibly hold the employer liable for your injuries.

      If however, the use of domestic cleaning appliances is part of your work and your employer has not trained you in manual handling and the use of such equipment, you may be able to take this further.

      Reply
  123. L

    If my employer told me that he didn’t think I hurt my back at work did he have legal right to say that?

    Reply
    • Ian Morris

      The employer is entitled to their opinion, but the value of their opinion is minimal unless they can support it with evidence. If you believe that your back injury was caused at work, it is important that you put the evidence in place to support such a view. As such, make sure an accident report is completed and if you have not been issued with the right training or equipment to enable you to work safely, complain to the employer in writing and seek medical attention from your GP.

      Reply
  124. Howard

    So I was in a car crash last week delivering a car for work (car dealership), the crash was not my fault – there was a few cars involved on the m6. The crash resulted in me being hospitalised I was unconscious. I have recently been discharged from hospital, I checked my emails and work have sent me an email claiming they can’t offer me any more work. I’ve tried to contact them but I’m not having any luck speaking who I need to speak to.

    Reply
    • Ian Morris

      Regarding your work and your employment rights, that is a matter for an employment law specialist or your Union. As for the car accident and your injuries, we can help you with that.

      Reply
  125. Alison

    Hi, I am on a zero hours contract. I fell at work last week due to a missing piece of flooring. I have severe bruising to my wrist and ligament damage but no break. Would I be able to claim as no break? I get the feeling being on zero hours I would just not be employed anymore…

    Reply
    • Ian Morris

      Whether you have a zero hours contract, work via an agency, are part time or full time, you have the same rights to claim compensation as anyone else.

      You mention a missing piece of flooring at the workplace. This would appear to be clear employer negligence in their failure to provide a safe and secure working environment and i’d imagine that you would have a valid claim for compensation.

      Reply
  126. david

    I was injured in a road accident while at work (driving from one job to the next) whilst I was stationary and hit head on by a car traveling on the wrong side of the road.

    I’ve been off work with a whiplash injury for about 18 months now. The consultants have said it will take time to heal but the injury is not permanent. My employer is now trying to terminate my employment. I work for a large housing association carrying out repairs in the properties Been employed by them 5 years.

    Reply
    • Ian Morris

      There are two elements to the situation you describe – one of personal injury compensation for injuries and financial losses caused by a non-fault accident, and your rights under employment law with regards to whether or not your employer can terminate your position of employment due to your current inability to work.

      With regards to the personal injury compensation element of your situation, we can certainly advise and help you with this matter. Given that you were stationary when hit by another vehicle that was travelling on the wrong side of the carriageway, you were clearly the non-fault party and would be entitled to pursue a claim against the insurers of the at fault vehicle. Our specialist Solicitors could well succeed with a claim for you and would obtain you compensation for both the injuries you have sustained – which if causing such a long term problem would likely be a substantial settlement, but importantly recover any lost income or incurred costs caused by this incident.

      Reply
  127. Jane

    I am an employer of a small family construction company. One staff member hurt his back yesterday and has today said he wants to sue for loss of income etc. He is a family member so it makes it tricky.

    He was working with all the correct workwear and health and safety equipment needed. He was given precise instructions of what the task was and had direct communication with his supervisors if any problems occur. He was working alone at the time but has the adequate training needed for the job he was doing.

    We have advised we will cover his sick pay whilst off for 2 weeks, but he is asking for more money or he will sue for loss of income.

    He has not visited a GP. We want to know where we stand and if he can actually proceed with any kind of claim, we have no idea if he had any injury prior to this but it seems as he is 60+ plus and doing a manual job is not possible for him anymore. We are able to offer him less manual jobs, any advice would be appreciated.

    Reply
    • Ian Morris

      For an employee to succeed with a claim for compensation for an injury suffered at work, they will need to demonstrate that their employer has been negligent towards their health and safety at work. In the scenario you describe, it would appear that you have fulfilled the relevant obligations upon you as an employer – full training, correct PPE provision and work equipment. Therefore, as long as your training records are up to date and you have written notes of the work being undertaken and instructions given, it would appear to be a struggle for the employee to succeed with a claim against you.

      Of course, the employee can proceed with a claim as he will likely approach a specialist Solicitor and give a different side of the story to that provided by you. As such, a Solicitor acting in good faith may proceed with a claim. However, with the help of your insurers and the detailed evidence that you appear to have, his Solicitor would likely close the case on receipt of your robust denial.

      Reply
  128. Chloe

    Hi, I was involved in a accident at work where a hydraulic locker on a truck slammed shut on my ring finger and completely amputated the tip of the ring finger and broke the tip of my little finger. My boss pressed me into a private settlement of £3000 which I signed a waiver for, and he stated I wouldn’t receive anything if I was to claim privately for the accident and of course loss of wages and the business would be closed. I wasn’t trained properly for the job I had only been working there 5 months, been left alone in the business when the accident occurred, and it wasn’t reported nor recorded in the accident book. I work in commercial vehicle paint and of course the job can be dangerous, but I feel I was pressured into signing the waiver and the fact I’d loose my job as would everyone else working in the business, would I still be able to put a claim in a year on? Thanks

    Reply
    • Ian Morris

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

      Reply
  129. Alexander

    Hi I wonder if you can help. I work for Heathrow airport as a security officer. On November 7th 2017 at approximately 13:10 I was on a staff bus (which is needed to get to and from the terminal and staff car park) on my way into work when a taxi collided with the right hand side of the bus. I was sitting next to the impact, I came out of my seat and twisted my lower body and upper body in two different directions.
    I have recently had an MRI and received the results in which I’m told I may need to have surgery as my disc is pushing against a nerve causing constant pain every day through both of my legs.
    I saw the work occupational health who is suppose to be a physio therapist but never actually treated me. They wrote on a form that they see no medical reason as to why I can’t return to work but I have a written letter from the NHS with my results of the nerve pain caused by the disc pressing against the nerve caused from the bus accident.
    I’ve made a claim against the taxi driver but my work on the other hand are being a little difficult.

    So I received full pay from November until February the 4th so I was forced to return to work before my GP had advised me to return. I needed my income.
    Heathrow agreed to put me on 4 hour shifts and light duties as I cannot bend to search a passenger.
    Now they have a 12 week “recovery” phase in which you have to have had the adequate amount of physio and help to be back at work on full hours at the end of the 12 weeks. Now I’m not ready to do so just yet but here is the kicker.
    They have put me on a stage 1 warning for being off sick for such a length of time. There reasoning is “it isn’t a work related injury as I wasn’t performing my security officer duties”
    Being on a staff bus which is the way into work provided by the company is apparently not classed as even an industrial work injury. I believe they are putting the pressure on me to be at full hours by the first week of May which is the last of my 12 weeks. I appealed the stage 1 warning on the grounds that it is an industrial work related injury. It seems as if now they are now putting off giving me the outcome results of that meeting until the first week of May. I had my appeal meeting March 27th, it’s almost been a month.
    Can you advise what kind of accident this is?

    Reply
    • Ian Morris

      You would be entitled to make a claim for compensation against the insurers of whichever vehicle caused the accident and your injury. It would appear that the taxi is the fault party and as such, you could claim against them and recover compensation for your injury, loss of income and incurred medical expenses and losses. To proceed, you’ll need to be able to provide the necessary details – ideally the vehicle details (registration numbers etc), but if not, if you could provide your employers details as they will have a record, that would suffice.

      Reply
  130. Julie

    Employer is running a propane forklift in the building where we work and there is no ventilation or air exchanger. I already once ended up in the emergency room with carbon monoxide poisoning …. and he still continues to run the propane fork lift in the building after several attempts of telling him not to do so. I am concerned of the long term affects of continued affects in my health.

    Reply
    • Ian Morris

      Make sure your concerns are addressed to the employer in writing so that you have evidence to prove that you have made such a warning and report. You could also make contact with external agencies such as the Health and Safety Executive too.

      Reply
  131. ashok

    I am seeking representation. I started the claim with my union Solicitor and I don’t feel they have grasped the case or not pushing enough as it’s quite simple to me. My understanding is union solicitors don’t push as they’re on the side of the employer.

    I worked at a large company loading the delivery vans. For over three years I never suffered any injury or ever had a day off sick. Until in 2017 they changed their computer system and increased the maximum weight of the trays WITHOUT doing a new risk assessment. In the risk assessment dated 2016 it clearly stated the maximum weight of the trays is 13kg and in trials the average weight of the trays was 9kg. The trays now were 14kg maximum and sometimes weighed more and average weight 12kg or more. They changed the weight without doing a new risk assessment, I can prove this.

    In April 2018 I came across some trays weighing over 14kg and suffered a pelvis injury and had some 7 weeks off work and treatment. I have a witness statement on this. I again suffered a pelvis and back injury in October 2018.

    Surely if the risk assessment states 13kg then they have breached duty of care and this would be a simple case to go straight to Court on then they will settle? Letters back and forward my Solicitor has been doing is not getting anywhere.

    Reply
  132. Reqo

    I was working casual work, cash in hand. The vehicle tail lift isn’t 100% working correctly and I was sent down to load a van without the correct PPE and as I was fixing one of the flaps on the tail lift, it fell on my foot. I needed hospital treatment and now the owner of company says he doesn’t pay people who have been injured at work. I had 3 weeks of lost earnings at my own work and now I won’t receive a penny.

    Can you tell me the way forward?

    Reply
    • Ian Morris

      Whether you were doing casual work or working on a more official basis, the same health and safety laws apply to all employees. In this case, as long as you can prove that you were injured whilst working for this employer (accident book entry or other evidence), you can pursue a claim against them for compensation for the foot injury as well as to recover any lost income.

      Reply
  133. Zak skidmore

    Hi, I have been at work today doing repairs in tenant’s property when their dog came in and bit me twice on my arm causing damage to it severe enough for me to have to visit hospital. Who do I claim off and do I have a valid claim?

    Reply
    • Ian Morris

      You can make a claim for compensation and the most likely defendant will be the owners of the dog. Whether or not they have insurance in place to fund any claim that you make make or personal finance to cover the cost of any claim is another issue. Your employer could also bear some responsibility if they knew that there were dogs in the property and hadn’t warned you about this.

      Reply
  134. Jo

    I had an incident at work that caused me to get a broken bone – it was not of my own doing. There was no duty of care and we were short staffed. I have had 2 surgeries and my third is coming up. Full hip replacement. I have been off full time hours for 15 months but all up have only not been at work for 3 & 1/2 of those months. I’m seated or light duties. I am being paid still. Am I entitled to go for a claim?

    Reply
    • Ian Morris

      Whether or not an employer pays you during a period of absence from work after being injured in an accident at work does not impact in anyway on your right to make a claim for compensation. Given that you are of the view that your accident at work was caused by the negligence of your employer, you have every right to make a claim for the injuries you suffered.

      Reply
  135. David

    Hi, can an employer pay an employee off where the employee has handed in a sick note and is on statutory sick pay from an accident that happened at work?

    Reply
    • Ian Morris

      This matter is really something that should be discussed with an employment law expert. However, if an employee is off work for a lengthy period due to injuries sustained in an accident at work, the employer could eventually reach the view that the injured person is no longer fit enough to perform the duties and could have their position terminated. However, an employer MUST follow due process and abide by employment law before they terminate an injured employees contract.

      Reply
  136. Siyabonga Cenge

    Two days ago on the 2 April 2019 I slipped my hand when I was tightening a drill chuck and it hit a drill and broke it and cutting my left hand palm. I feel my employer is trying by all means for me to be at work and do light duties, yet the doctor booked me off. What do I do in this situation?

    Reply
    • Ian Morris

      If your employer has light duties available for you that will not cause any risk to your hand injury, there is no harm in attending work and at least you will still receive your usual income.

      Attending work on light duties after an accident at work would not prevent you from being able to make a claim, but it does stop you having the added stress of coping with a loss of income caused by an enforced absence whilst you recover.

      Reply
  137. Mark

    A friend of mine who has ADH and was actually on the sick at the time, did some work for somebody yesterday and cut his little finger off on a band saw. No training, no supervision, and the guy who he was working for told him he is not insured so he could not claim. Any advice?

    Reply
    • Ian Morris

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

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

      Reply
  138. Tracy

    I have been working for my current employers for just over six years. Three years ago I started suffering with plantar fasciitis, the floor I stand on for 40 hours a week is concrete covered with very thin carpet tiles, I am in constant pain and it has affected my every day life, I have put on a lot of weight due to the fact that I do not want walk anywhere because of he pain, I have had cortisone injections in my feet and shockwave therapy which have not worked. Are my employers liable?

    Reply
    • Ian Morris

      The immediate issues that I can see are proving a causal link between the plantar fasciitis and your employer/work and most importantly the claim limitation period.

      The main issue here is that any claim MUST be made within 3 years of the date where you became or ought to have become aware of the symptoms.

      Reply
  139. Hanny

    If I have reported an accident to my employer I think they should give me a copy of the formal report/accident book, but they won’t. I was told they already reported my accident I don’t have to worry about that and they cannot give me a copy of the report or accident book. But if they don’t give me it, if something happens in the future I don’t have any proof. What should I do?

    Reply
    • Ian Morris

      The employer is not obliged to provide you with a copy of the accident report. Whilst there is no reason why they should not do so, they do not have to.

      If you are concerned as to the way the employer retains information within their accident book, you could make a formal request for a copy of the accident record in writing (by email) and retain their response, so that should the accident report become unavailable in the future, you can at least provide evidence that it did exist.

      Reply
  140. Martin

    I was hit by a employee driving MHE this happened inside, CCT footage was used proving the employee was at fault, and the investigation ended with them receiving a final written warning. Even though I was not physically injured can I make any claim ?

    Reply
    • Ian Morris

      The lack of injury could be an issue. You can only claim compensation if you can demonstrate a loss or injury serious enough to qualify to take action. Were you psychologically injured?

      Reply
  141. Patricia Curley

    I am a transport assistant for a Barton bus company. I take special needs children to and from school and while I was at work I fell over and broke my thigh and hip bones. I had a three hour operation and have a metal rod between my thigh and hip. I have been told that I will receive ssp, I know that’s not enough to pay my bills, I know they have transport assistant insurers so can you advise me on what I can do?

    Reply
    • Ian Morris

      You have clearly suffered a serious and nasty injury at work. You mention that you fell and that this caused the injury. What interests us at this stage is what caused you to fall? If you can identify a hazard, defect or act of negligence (lack of training, incorrect equipment etc) that caused the fall, you could pursue a claim for compensation and if successful, recover compensation for the injury itself but importantly recover all lost income previously and in the future – relating to this accident.

      Reply
  142. James

    Hello my name is James. I am a subcontractor for a construction company that installs metal buildings. I was on a job site the day after it rained and was still drizzling that day, while attempting to secure a sheet of metal to the side of the building my ladder sank in the mud and I subsequently fell and broke my arm and leg. My boss informed me he isn’t liable and offered to pay me for 6 weeks while I was out but have only seen 3. I was wondering if I have any legal recourse at all because he is now going from someone that seemed concerned and wanted to help to now someone that just seems to avoid me. Thanks for your time

    Reply
    • Ian Morris

      You do have a right to make a claim for compensation if you are injured in an accident at work. Given that you have fallen from height, the safe working at height regulations and Health and Safety guidelines covering such work would be considered. Whilst it could be seen that you have contributed to your own injury by erecting a ladder on soft ground, the employer is likely to bear responsibility for the health and safety failings that lead to your ladder accident.

      Hopefully an accident book entry or incident report form has been completed with the employer? If not, you should write to them to outline what happened and apportion responsibility to them for instructing you to work in risky conditions on unsafe ground.

      We would be happy to assist you in trying to claim compensation for your injury and also to recover all lost income caused by the accident – this could include future loss of income if the injury prevents you from working for sometime and you succeed with the claim.

      Reply
  143. Marcus

    Hi, I work in the removals industry as a driver. I have had manual handling training and that is not the problem!
    In 2017, I suffered an injury to my lower back whilst driving. I was wearing a seatbelt, which held me down, but the suspension of the vehicle is very bouncy, together with a suspension seat. I was thrown up and jarred my back, suffering a bulging disc, and I was off work on ssp for 5 1/2 months, which was a struggle.
    My employer is and always has been aware that the vehicle can cause injury – other drivers have complained about the bumpy ride and the fact that drivers’ seat is like an ejector seat!
    Last friday, 29-3-2019, it happened again. I had made a claim for a disability benefit under the advice of the C.A.B, with yearly reviews, and was notified from the previous injury I had lost 15% of faculty to my lower back and right leg.
    Am I within my right to make a claim against my employer?

    Reply
    • Ian Morris

      You do have a right to make a claim against your employer if you believe that your injury was caused as a result of their negligence or their failure to minimise the risk of injury in the workplace.

      The issue you may face is proving that the vehicle is dangerous and that the employer should have taken steps to prevent such an incident causing injury to you.

      Reply
  144. brian

    I am a prison officer in the course of my duties I was injured helping to restrain a prisoner who had become violent attacking other members of staff.

    Reply
    • Ian Morris

      Any employee who is injured in an accident at work has a legal right to make a claim for compensation if they believe that their employer has failed to uphold their obligations to Health & Safety and prevent an accident that would otherwise have been avoidable.

      Reply
  145. Kate

    I fell down stairs on my way from the work car park to the office. I fell forwards and ended up dislocating a shoulder, injuring my elbow, knee and ankle on one side and the knee on the other side. I went to hospital in an ambulance for the shoulder to be put back in. It was very cold and icy on the day I fell as well as a lot of dead compacted leaves on the stairs. After my fall, someone from the company arranged for the stairs to be cleared. Do I have grounds to pursue a claim?

    Reply
    • Ian Morris

      There certainly is grounds to pursue a claim for compensation. Whether or not you would succeed with the claim is yet to be established, but given the apparent long term problem of the compacted leaves on the stairs, it would appear that the employer had ample opportunity to have the hazard removed before you fell. It is helpful to your claim that the employer did arrange for the hazard to be removed after your accident, but that is not an admission of liability.

      We would be very happy to assist you further with a claim for compensation.

      Reply
  146. Kirsty

    Hello, I fell down the stairs 3 weeks ago in work. It all happened so quickly that I don’t know how I fell. After I was taken to the hospital I found out that I have a broken leg with an unstable fracture, but not only that my work place was repairing the stairs after my fall so I am unsure if the problem was there and have no proof that there was a problem before I fell. I have gone back to work as I have a desk job they have put me downstairs to work, but only given me paper to elevate my leg which isn’t adequate, meaning I most probably will come away from work again till I can manage better. They have given me full pay as I did the injury in work but I have not been given anything to sign, no accident book or back to work form.
    What would you advise please?

    Reply
    • Ian Morris

      To make a claim the injured party has to be able to identify the cause of the accident in order that negligence can be proven. In your case, as you do not know why you fell it will be hard for you to pursue a claim as the defendants would simply state that there is no evidence they were responsible.

      You need to find out why the stairs were being repaired and whether there is any witness evidence to confirm what caused you to fall. Perhaps there is CCTV footage? If you can identify a hazard responsible for your fall, you could then look to make a claim for compensation. Have a read about whether you have a valid slip or fall claim for more information.

      Reply
  147. Matt

    My partner encountered belittling, racism and mobbing at her work, by her office supervisor. In the past, many people tried to report this supervisor to HR, but with no effect. It seems like this person is protected by employers, despite being a bully, and raging alcoholic, not attending work, or coming to the office reeking of alcohol. My partner had a mental breakdown last week, and it is bad. It changed her to the point I don’t recognise her. It affects our life. She had to start taking antidepressants, might possibly have to attend therapy, and the company wants to do mediating meeting. She’s in no state to attend, and is scared to come back to work, this one or any other. We are convinced, that on this meeting they will try and convince my partner that she is overreacting and that this situation is her fault.
    How could this be resolved? She only filed an informal, anonymous complaint. Coming back to work to file a formal complaint will be very hard and traumatizing for her. She keeps having panic attacks, and cries a lot.

    Reply
    • Ian Morris

      To have any prospect of succeeding with a claim for work related stress or anxiety, the ‘injured’ person needs to have made sure that their struggles and concerns are on record, in writing, with the employer.

      If there is nothing on record with the employer before an employee becomes too anxious or distressed to work, it is very easy for the employer to argue that they did not know of any concerns and therefore had no chance to resolve them.

      Reply
  148. Sally

    I’m off work at the minute with a frozen shoulder/ tensionitus, I hurt it at work lifting last September and since then it has got worse. I’m waiting for a scan and may have to have surgery. What should I do?

    Reply
    • Ian Morris

      If your shoulder injury was caused through physical work for which you have not been properly trained, not been given the correct tools or equipment or due to a working environment that fails to reduce the risk of injury to you, you can make a claim for compensation.

      The best thing to do at this stage would be to speak with us so that we can learn more about your work, what you have done and what your employer hasn’t done. We can then advise you as to whether or not you have a valid claim for compensation.

      Reply
  149. Nan Aye

    Im a housekeeper in a hotel. Last week I tripped carrying linen up a flight of stairs. I could not walk on my ankle. The hotel called an ambulance that took so long to arrive that my husband came and took me to the hospital in his car after members of staff helped me outside. The hospital said it wasn’t broken after x-ray and it was more than likely hurt ligaments. My next shift wasn’t for 3 days and they said to rest and take ibuprofen. I returned to work as instructed asking for lighter duties which weren’t given. I have pain in my ankle and its swollen at the end of the day. Moving the linen is a porters job but the maids end up doing it as the porters are seldom around and the supervisors don’t call them when asked. We only have 25 minutes to clean each room so have to do this to complete our duties. I have mentioned this to management but the problem is never addressed.

    Reply
    • Ian Morris

      Make sure that a record of your accident and injuries is made with the employer, within their accident book. The issue regarding the lack of porters is important and should be noted in your accident report.

      My initial view is that you have a valid claim for compensation that ought to be pursued further. We would be happy to assist you on a No Win No Fee basis.

      Reply
  150. Josie

    I work as a cleaner and I was carrying a bucket of boiling water when the handle gave way and the water went over my foot. I was off work for 5 weeks and only got sick pay, then when I returned to work and talked to my boss and told him I was very disappointed that I only got sick pay he then said that he had told the accountant to pay me full pay. Have I got a claim?

    Reply
    • Ian Morris

      My initial view is that you do have a valid claim against the employers insurance cover in this matter. Carrying water of sufficient temperature to cause burn injuries by way of scalding in a bucket is perhaps not the safest way of asking staff members to carry such items. As such, employer negligence may well attach and you could well succeed with a claim for compensation.

      Reply
  151. Matt

    I was working on site and was not provided with rams or inducted onto site before the job. I am an apprentice and was told to go out a fire exit by a member of staff in charge of a job to go to another part of the site as this was the only route at the time. I fell down a grate which wasn’t put on correctly. I am being told i should except responsibility for going out the fire exit even though was instructed to by by the person in charge of me. I am only an apprentice and just following instructions by someone fully qualified and in charge. Am i at fault and should i accept responsibility?

    Reply
    • Ian Morris

      I don’t see how or why you should accept responsibility for your accident at work. Firstly, you were acting on the instructions of the senior person for whom you were working. Secondly, the cause of your injury was an incorrectly/badly fitted grate. As such, I believe you have a valid claim.

      Reply
  152. Jarrod

    I have severe contact dermatitis on my left and right hand due to negligence of employer. 3 of my fingers have been left with long term damage, I have to sleep at night with a hand mould which I got through compensation. Both my hands are left with scars all over and dermatitis due to leaky diesel gun which I asked to be changed 4 times but never did due to laziness and negligence. I have photos and proof.

    Reply
    • Ian Morris

      Under UK Health and Safety at Work law, any employer that requires workers to use substances that may be hazardous to health must comply with the Control of Substances Hazardous to Health (COSHH) regulations. If an employer fails to comply with these guidelines, which will include ensuring that appropriate personal protective equipment is provided and that any reports of risks to health are acted upon, they are likely to be liable if an employee develops injury, such as chemical burns, industrial dermatitis or respiratory damage.

      In your case, you describe a scenario in which your employer has failed to act on the repeated report of a broken and dangerous piece of work equipment. With this in mind, it would certainly give an initial indication that you do have a valid claim for compensation against your employer.

      You do however mention that you now sleep with a hand mould provided through compensation. As such, if you have already made a claim for compensation, you will not be able to return to the same claim/same injuries for further damages. That said, if the severe contact dermatitis you mention is a ‘new’ injury and has not formed part of a claim previously, we would be very happy to look at that for you.

      Reply
  153. Simon

    Hello am 26 and had a paper round from the age of 12 till I was 17, I was injured at 13 while delivering, a moped hit me while being chased by police plowing straight into me and sliced my full arm open and trapped a nerve in my back, I haven’t been the same since with sever back pains daily, I don’t know we’re to go or what to do, I haven’t been on disability hopping that one day I could work again.

    Reply
    • Ian Morris

      It is such a pity that you were not advised to make a claim earlier in your life. UK personal injury law applies a strict claim limitation period. In your case, as you were 13 at the time of your accident, you could have made a claim at any stage between the date of your accident and your 21st birthday. Once this period had passed, you would have become statute barred and unable to pursue any action.

      Reply
  154. fred

    I was at work i lifted a drain cover at a customer’s site. It was a one person lift, however the cover was about to drop into the drain so i lifted and twisted quickly to stop it falling. I hurt my back doctor signed me off for two weeks only getting ssp. Told my colleague did not mention it to work or report it, didn’t think it was too bad at first. Until over the following few days it got worse. I have just left the company now only with them for 5 months. I did have manual handling training, have i got a claim?

    Reply
    • Ian Morris

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

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

      Reply
  155. Philip

    Hi I was injured at work. I work in a cardboard packaging firm. We have to load the board manually into the machine and load the board from pallets. When the pallet is empty, the next one is placed on. On this particular day I bent down to pick the bottom board up when the fork lift driver all of sudden drove the next pallet into me causing my right side to get trapped under the loading shelf. I was lucky not to have broken my leg! There wasn’t a sound of his horn to warn me that they were there – as per procedure.

    I finished my shift that day, but took myself the minor injuries unit and they said I had a sprain and severe bruising, but thankfully no break. I was off work for 7 days, with a couple of these days of me using annual leave. I was paid my normal wage as it was an accident at work, but since my accident a new safe system of work has come into place and after investigation the FLT driver was at fault. There was a witnesses to this.

    In the last 12 months I have suffered with restricted movement in my left shoulder for which I have had physio for and a scan. I have been told that this is a calcium build up which could be through injury as this was the side I was struck on. Obviously I haven’t had time off work as I don’t get paid if off and would lose my weekly bonus.

    I was just after advice as to whether I have a leg to stand on (pardon the pun!), but I am worried about how work would be with if I put a claim in? Since this has happened we have been taken over by a different owner.

    Reply
    • Ian Morris

      You describe an accident at work scenario that would initially seem to give you a very strong claim for accident at work compensation. The fact that the employer undertook an investigation and found the forklift driver to be at fault would be likely to give you good prospects of succeeding with your claim. We would be very happy to discuss your rights with you and explain how we can help you make a claim for compensation on a No Win No Fee basis.

      You mention your ongoing shoulder pain and restricted movement. Should you opt to pursue a claim, our specialist Solicitors will instruct medical experts to assess your injuries in full and your ongoing symptoms to provide a report as to the damage done in your accident at work. The contents of such a report would enable them to ensure that any compensation settlement you were to receive would be made at the maximum value.

      With regards to your concerns about how a claim against your employer would be received, you need to remember that you are legally entitled to pursue a claim should you sustain injury without losing any right to keep your employment. Any claim would be made against the insurance that your employer is legally required to have in place and would not directly impact on the business.

      Reply
  156. Sam

    Hi couple of months ago I was working in a busy yard when a foreign object (possibly wood shards or metal) hit my eye damaging my cornea, I was taken to the hosiptal to be checked over and was given eye drops and anti inflammatorys to calm the pain, now the cut and foreign object has been removed I still find my eye is a little blurry in that particular area do I have grounds to get compensation? Thanks

    Reply
    • Ian Morris

      Depending on the nature of your work and the kind of risks you faced, your employer will have certain obligations to ensure that your health and safety is protected as far as possible.

      It would appear that you were working in an area where the risks of injury such as that you have sustained is present. As such, the employer should have ensured that you were provided with or required to wear the correct Personal Protective Equipment (PPE). Any employee working in an area of risk that has not been provided with the correct PPE by their employer and then sustains injury as a result has a right to make a claim for compensation against the employer. The situation you describe could well indicate that you can make a claim for compensation.

      Damage to the eyes in an accident at work can have serious implications and any risk to eyesight can see successful compensation claims settle at a substantial value.

      Reply
  157. Kieran

    Hi quick question. I recently split my head open at work on a plate of metal that was half on a machine half off as they were cleaning down. The plate of metal should have been taken off or bolted down. I have been to the Doctors as I keep getting bad headaches now from this, I was just wondering if I have a claim or not against my work place? There will be CCTV evidence and there is also medical evidence – plus the details of my accident are recorded in the work accident book.

    Any advice would be of help.

    Reply
    • Ian Morris

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

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

      Reply
  158. Craig

    Hello I was working for a courier company last year during the bad snow, I was told I still had to make my deliveries regardless of the weather – this was during the rare occasion the police advised no one to drive. Anyway, in between deliveries I got stuck in snow and a farmer had to help tow me out, after removing the rope I slipped on the snow and fell fracturing my wrist, this led to me being off work for 9 weeks on statuary sick pay and lead to financial difficulties. I don’t know if I am eligible for a claim or not but it does seem unfair.

    Reply
    • Ian Morris

      You describe a situation in which your employer has acted foolishly and potentially lead to you sustaining injury. However, whether or not you would have a valid claim for compensation against them is a moot point.

      My honest answer at this stage is that I do not know whether or not you would be able to hold the employer liable in this accident and for your subsequent losses. However, we could put this enquiry before our specialist Solicitors in order that they could consider whether or not your employers actions constitute a breach of health and safety regulations.

      Reply
  159. Darren

    I had a accident at work and I am now on the sick- when I took my sicknote to work HR and Health and safety manager have asked me to go into work next week for a meeting – is this a common factor? Or not?

    Reply
    • Ian Morris

      There is nothing untoward in being called in for a meeting and given that the employer has asked for the Health and Safety Manager to be present, it would indicate that they wish to learn from you as to what happened and that it could be that they are hoping to be able to use your information to reduce a risk of this happening again.

      If you would like to discuss making a claim for accident at work compensation, please call us on 01225430285. We know your rights and can help you to understand where you stand legally with regards to your accident at work.

      Reply
    • Ronnisha Johnson

      I was doing rounds with my supervisor, when he made a mistake and slammed my fingers in the cell block doors

      Reply
      • Ian Morris

        In this scenario it is important that the details of the workplace injury are recorded within the workplace accident book. You should also seek medical attention. Given the nature of the work and the obvious risks presented by heavy cell block doors, your employer should have given a clear warning to you regarding the placement of your hands by the doors and the supervisor should routinely check that there is no risk of injury when closing the doors.

        Reply
  160. Matthew

    I have worked for Plymouth council for nearly 20 years, 4.5 years as season /agency and 14 yrs full time as a grass cutter using strimmers, mowers, hedge cutters and leaf blowers. In the past 2 years I have developed carpal tunnel syndrome and I am now awaiting surgery in my right hand in about a month and after I’ll have surgery in my left hand.

    Currently the council are being hauled in through HSE from Bristol and have breached health and safety in many ways and received fines and still haven’t met the criteria for safe working practices. In my 14 years, I have worked a 42 hr week strimming for up too 8hrs a day besides dinner breaks. This has been every week, Monday to Friday. It has now become apparent that the machinery we have been using all this time breaches the exposure levels and have been decommissioned by HSE AND our other grass cutting machines (like mowers & especially the leaf blowers) can now can only use for 2 hours max per day. The council didn’t reveal to RIDDOR about how many carpal tunnel cases had actually occurred as there is a lot more than the two that they have told RIDDOR about.

    I have been to see the Occupational Health through work and been assessed. The assessment states that I cannot use vibration machinery. I am now awaiting surgery in a month or so and I’ve been told firstly on my right wrist and then i’ll have the same on my left wrist when right has healed. I am only 39 yrs of age and have read of compensation in a gardener up the line getting a pay out for his injuries and this is opening the path for myself to seek compensation as I am young and my career will likely have to change as there machinery was not fit for purpose (as some of our tools were 10+ years old). When the employer was asked by HSE as to how they check for vibration, they were told by our garage fitters that they refer to the operators handbooks. The HSE response to this was to question whether it is reasonable to assume that a 10 year old machine would vibrate in the same way as it did when it came out of the factory.

    The council has been issued with pending further penalties by the HSE with them saying machinery not sufficient and vibration exposure is still too high. Therefore, I am inquiring as what to do. I came out of the trade union as the trade union was like a sheep to the wolves in sticking up for workers rights and I felt it was a waste of my time. I wake (and have done for years) with numb hands and pain in my thumbs. I have lost strength – especially in my right hand and I am now very unsure of my future. I have a 3 yr old son and a baby due may this year I’m a single dad separated from their Mother. I feel daunted by the council on my compensation rights and daunted how I will be treated if I go ahead with a claim. My worry is that the council normally finds a way to push employees who claim out and what will become of my gardening career? Do I wait until after the operation is done or is that too late? I have GP and surgeons and works GP Doctors assessments that all confirm carpal tunnel.

    Reply
    • Ian Morris

      You should waste no further time and pursue your legal rights and make a claim for carpal tunnel syndrome against the employer before the possibility of you being out of time to make a claim is an issue.

      From your description of the situation at work, it would appear on first reading, that your employer has been negligent towards your health and safety. As such, I would have confidence of you succeeding with a claim for compensation. The main issue that you face is making sure you claim before you are out of time to do so. Although you are only just about to have surgery, your limitation period would have started some time ago – when symptoms were present and you began liaising with your GP.

      With regards to your rights to retain your position at work, you are in a very strong position. Everyone has a legal right to make a claim against their employer without losing their job for doing so. As you have worked for the employer for 14 years, you are well protected by employment rights and could not face redundancy for simply making a claim. Indeed, the only way your employer could terminate your position would be because you were left unfit to work and could no longer perform the duties to which you had been employed. The employer would have to follow due process to do so and it is likely that you’ll make a good recovery as long as you follow doctor’s orders and do the appropriate rehab and rest.

      We look forward to helping you.

      Reply
  161. Chris

    My daughter works at a prominent preschool as a teacher. She hurt her back at work when her chair broke beneath her. My daughter has complained before accident that ALL the chairs are broken and needed to be replaced. She is not the only teacher that has made this complaint to the Directors. The company is paying for her medical care but the Directors still expect her to keep her long hours at work . My daughter is under much stress because of her discomfort, pain, long hours and also trying to keep up the level of her work. The School’s Directors are disregarding her injuries by still adding more children to her class roster. This is causing more stress and even more work for her. The directors of this large preschool franchise have no regard for her injury even though it was the directors fault that the chairs were never replaced. Should my daughter appeal to the franchise directly with her issues. She needs to reduce her hours so she can heel. What are her options?

    Reply
    • Ian Morris

      With regards to the situation you describe, we can certainly help with a claim for personal injury compensation. However, with regards to reducing hours and employment matters, that would need to be discussed with an employment law specialist law firm.

      Your Daughter and colleagues have informed the employer of issues affecting Health and Safety and put them on notice that the chairs are unsafe and need to be repaired. Under UK law, the employers failure to act on these reports and do nothing would likely see them found liable of employer negligence and therefore responsible for any injury caused by the faulty chairs. As such, she could make a claim for accident at work compensation for the back injury sustained and could obtain a compensation settlement for the pain and discomfort of the injury, appropriate funds for specialist rehabilitation therapy and recover any lost income caused by the accident.

      Reply
  162. Elaine

    Hi i injured my finger cleaning a toilet bowl in work, there was a large crack on it and resulted in me having to get 5 paper stitches on my finger and take off work for a week! Can i make a claim?

    Reply
    • Ian Morris

      Given that your injury was caused by a dangerous hazard in the workplace, it is likely that you could make a claim for compensation against the employers insurance cover. Any person injured in a workplace accident where the injury can be attributed to negligence is likely to succeed with a claim for compensation under UK law. In this case, the fact that the toilet bowl was broken is something that may well see the employer having to admit a safety breach and therefore pay compensation.

      Reply
  163. Craig

    Hi, Three weeks ago I cut my left hand with a hand saw at work. I am one of three employees on a dairy farm. My role includes a house.

    I was sawing a length of wood ( I am right handed) holding the wood with my left hand. A piece of the wood broke off and the blade jumped to the left and cut my hand from in between my thumb and index finger to in between my index finger and middle finger. I called the other two employees asking to take me to hospital. A visiting Vet dressed the wound. One of them phoned my boss and he said not to do anything he was coming.

    He drove me to the hospital but on the way said “This how it’s going to go! This did not happen at work! You were at home and you had an accident there. I am your concerned neighbour and that is it!” He said nothing is going in the accident book.

    I had to attend A&E but they said I had to see a specialist. I had to have an operation the next morning to rejoin a severed tendon for my left index finger. I also cut into the cartilage of the index finger knuckle. The recovery process is 8-12 weeks.

    When I got back my boss said “If that is not 100% in a few months pack your bags because you will be out of here!”

    Now this is my livelihood and I am married with two young kids. I am not really sure where I stand now. Also it does not look like I am going to get the full use back of my left hand as the scar tissue is healing over my knuckle restricting the movement by quite a bit. (unable to touch index finger to thumb)

    Reply
    • Ian Morris

      There are a few issues that jump out at me having read your description of your accident at work and how your boss has handled the situation.

      Clearly, you have a very manipulative employer who is not acting in a legal manner and clearly not acting correctly with regards to Health and Safety at work and the correct reporting of serious injuries in the workplace.

      In the UK, any employee injured at work has a legal right to expect their employer to properly report and record the details of an accident within their accident book. Serious injuries that will include more than 7 days absence from work should be reported to RIDDOR. If your employer has failed to do this, they are skating on thin ice.

      Your employer also has a responsibility to ensure that you are adequately trained and that any potentially dangerous jobs are done using adequate safety equipment and tools. In this case, you may well have a claim given the way you were working with the saw and wood. Any person who believes that their injury at work can be attributed to employer negligence has a legal right to make a claim for compensation against the employer without it having any implications on their right to retain their position at work.

      However, you are in an unfortunate position in that your job includes the accommodation in which you live and you work directly for the business owner. Whilst he would be acting illegally if he were to terminate your employment and force you out of the property for making a claim, it is reasonable to expect (given your description of what he said to you en-route to Hospital and subsequently) that he would not take kindly to you making a claim for accident at work compensation. Therefore you have to consider your options.

      Not making a claim would not upset your employer and you would not face dismissal. However, if your hand injury does not recover well, it appears that your employer will terminate your employment anyway.

      Given the severity of your injury and the intensive treatment provided in Hospital, it would seem reasonable to expect you to face long term, if not permanent, implications from the injury and some loss of strength/dexterity with the hand. This will affect your working future and possibly your ability to earn the income you are used to and to provide for your family. By making a claim for compensation, you would be able to ensure that any future loss of income caused by the injury to your hand in the accident at work would be included in any settlement you obtained and therefore remove the worry about your long term future. We’ve an article on hand injury claims which goes into more detail if you’d like to read it.

      You do have 3 years to make a claim after an accident at work, so you can see what happens in the coming weeks and months. However, it is important to make sure that your accident is properly recorded so that your rights are protected going forward. To that end, I would strongly recommend that you write the details of your accident and injuries within the accident book or in writing to the employer.

      We would be very happy to assist you with a No Win No Fee claim for compensation. Should you wish to discuss this situation with me, please do call me on 01225430285.

      Reply
  164. Julianna

    I work in a store and while working, a customer hit me in the face for no reason. In connection with the incident, I was ordered by doctor to take sick leave. The doctor treated me for facial and neck injuries and has also determined psychological issues.

    After the incident, HR suggested to me that I can take unpaid days off or transfer to another store. I’m not happy with that. As a result, I ask to consider my current situation and a possibility of compensation for medical expenses and psychological injuries.

    The store has cctv. Garda has report too but they don’t know the person. My incident form sent to Lidl risk management. No one want to take responsibility.

    Reply
    • Ian Morris

      Any person who is the victim of injuries as a result of a criminal assault within the United Kingdom (England, Wales, Scotland & Northern Ireland) has a right to make a claim via the criminal injuries compensation authority (CICA). This is a tax payer funded scheme and anyone who has reported an assault to the Police and cooperated fully with the Police by giving statements and pressing charges if applicable, has a right to make such a claim.

      Loss of income is only recoverable if you are off work for more than 28 weeks.

      Reply
  165. Jason Lancaster

    Hi. I slipped and fell backwards while carrying a worktop. My co worker was messing about. I wasn’t part of the horseplay. I slipped on dust and fell backwards the worktop landed on me. I have soft tissue damage to my shoulder also hurt my back and leg. I have had to return to work in pain because I don’t get full sick pay only ssp. Can I claim?

    Reply
    • Ian Morris

      It would appear that your slip was caused by a slippery loose floor surface – dust – and that the horseplay of your colleagues was unhelpful, but not the cause.

      Given your description of your accident, it would seem viable to make a claim for compensation. If you have not already done so, please do make sure that your accident details have been recorded within your employers accident book and that your injury has been noted by your GP or Hospital Doctor.

      We would be very happy to assist you with your claim for compensation.

      Reply
  166. Paula

    Hi Ian, I worked in a very busy restaurant from 2012 as a waitress but was given the job as serving tea and coffee. We served around 1000 breakfasts on weekends tea and coffee was free and demands were very high within the 6-7 hr shifts and the equivalent of 4 pints of milk in each hand. No breaks also. I ended up with severe tennis and golfers elbow, 3 cortisone injections in tennis part and 2 in golfers also a glucose injection.
    No light duties were allocated to me so ended up having elbow release operation which hasn’t been 100% successful. Had a solicitor for 3 yrs and its going to court next December or January and my ex-employer is fighting me all the way.
    I had no sick pay for 6 months which i was entitled to as i worked 30hrs a week, but more importantly i am right handed and op was on my left. His solicitor is demanding my work and medical records from when i was 26 and i am 50 in a few weeks.
    I have lost a percentage of movement in left elbow and is making me ill with the stress of it all.
    Shall i hang in there?

    Reply
    • Ian Morris

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

      Reply
  167. gail

    I fell walking into a walk in cooler at work. I tripped on the step going in while carrying a pan. My face ended up hitting a metal rack and bouncing off and hitting it again causing a contusion on my forehead, fractured my nose, and bad bruising on the muscles surrounding my shoulder and collar bone.

    Reply
    • Ian Morris

      Has your employer provided a warning sign or clear hazard markers (such as yellow and black marking tape) on the step at the entrance to the walk in cooler? If they have failed to indicate that there is a possible tripping hazard you could potentially have a valid claim for accident at work compensation.

      If you think that your employer has been negligent in anyway with regards to your accident at work, please call us on 01225430285.

      Reply
      • gail

        I fell walking into a walk in cooler at work. I tripped on the step going in while carrying a pan. My face ended up hitting a metal rack and bouncing off and hitting it again causing a contusion on my forehead, fractured my nose, and bad bruising on the muscles surrounding my shoulder and collar bone.

        Reply
      • gail

        There are no signs or markings at all around the cooler.

        Reply
  168. Ahmed

    Hi, can i make claim? I get my neck pain and my shoulder because I had a hard job. I have been working for 6 year in the same place I have asked to changed my job but they refused. I have a lot of pain and I get medication 4 times a day and waiting for surgery for my neck.

    Reply
    • Ian Morris

      You can’t simply make a claim because you develop an injury – even if it is serious – or because your job is physically hard. However, you can make a claim if the injury has been caused as a result of a lack of employer training, their failure to provide you with the correct equipment and tools to work safely and been negligent in their approach to your health and safety at work.

      Reply
  169. Tonya

    I stopped in at this company I thought was open for business and I offered help mounting a tire, I was injured during the process can I sue?

    Reply
    • Ian Morris

      If you have willfully assisted in a voluntary basis to perform a procedure that you are not experienced in and have no training in and then sustain injury, it is unlikely that you could then pursue them for compensation.

      Reply
  170. Regina mason

    My husband is a prison officer and has a cracked rib.
    He is being made to do a physical and if he fails he will lose his job as he has already had one where his blood pressure was high.
    Can they force him to do a physical whilst he has a broken rib?

    Reply
    • Ian Morris

      You raise a query that is more related to employment law than personal injury and as such, it would be sensible for him to speak to an employment law or better still his union regarding the employers demands that he takes the physical assessment.

      It would seem fair to allow someone to recover from a noted injury before asking them to undertake a physical assessment.

      Reply
  171. Peter

    Should I exhaust the employees grievance procedure before making a claim?

    Reply
    • Ian Morris

      It depends what kind of claim you are seeking to make. In a claim for personal injury compensation, there is no need whatsoever to worry about the employers grievance procedures and the way that they handle any grievance that you make. This would be separate to any claim for personal injury compensation and as such, we would recommend that you commence your claim for personal injury compensation at the earliest opportunity.

      Reply
  172. Alex

    Hi, I received a back injury at work after lifting a wheelbarrow that a colleague had filled too heavy, I was out of work for 3 months and I am still undergoing investigation 3 years later as it still stops me working from time to time and affects my home life. My accident happened on the 23rd feb 2016, my question is that am I too late to claim now or as I’m still suffering can I make a claim?

    Reply
    • Ian Morris

      If you were injured in the UK, you would not be able to claim. UK law would only allow you to claim if you made the claim within 3 years of the date of your accident at work.

      Reply
  173. Karen

    I was severely injured at work in 2008, and since then have been awarded Industrial Injuries Benefit for life, but I’m not entitled to any other benefits, even though I cannot work.
    I have regular treatment for my injury, and am continually prescribed Fentanyl for pain relief.
    It’s now in the 11th year since I was injured, and I would like to know if I would be eligible to make a claim against my ex employer. Thank you in advance, Karen.

    Reply
    • Ian Morris

      UK law would not allow you to make a claim against your former employer due to the amount of years that have passed since you were injured at work. UK law only allows you a period of 3 years to make your claim for compensation.

      Reply
  174. Julien

    I fell through a ceiling and broke several ribs installing garage equipment. There was no risk assessment carried out and the equipment supplied was not fit for purpose. Am I eligible to claim?

    Reply
    • Ian Morris

      As long as you make your claim within 3 years of the date of your accident, you have a legal right to pursue a claim for compensation. In the scenario you describe, you have a valid claim on the grounds of employer negligence being the cause of your accident at work and subsequent injuries.

      Reply
    • Jodie

      I got chemicals in my eye at work and I had to go to the hospital for treatment. I was never provided with ppe by my employer. I had my eyes washed out and it was very painful. When will I be able to put a claim in?

      Reply
      • Ian Morris

        You can make a claim for compensation immediately, so we would advise that you either use the ‘start a claim’ page of our website or call us on 01225430285 at the earliest opportunity.

        At this time, we need to find out more about the incident and the severity of the damage to your eyes. The employer is likely to be guilty of employer negligence due to their failure to provide you with safety wear and it could be that they have failed to adhere to the COSHH regulations for use of such chemicals.

        Reply
  175. Patrick Diggin

    I am tasked with carrying out accident investigations at work, my HR manager has now said that a member of the HR department must be in the room when the injured person is making/ writing their statement. Do you think this right and what would you suggest?

    Reply
    • Ian Morris

      This is an issue of company policy and not law. Therefore, if the company chooses to have an accident investigation and reporting policy that includes the need for HR representation during the completion of an accident book record, that is their right to do so.

      Of course, it may not always be possible or practical for someone from HR to be present. In this case, the policy should have an allowance for making accident reports in such circumstances.

      With any accident report, it is important for the report to be made at the earliest opportunity in order that a fresh and accurate recall of events is available.

      Reply
  176. Lea

    Hi I pulled my back at work due to faulty equipment and had to take 3 months off, can I make a claim for this?

    Reply
    • Ian Morris

      If your injury was caused by faulty equipment in the workplace, there is every chance that you could make a claim against the employer.

      Our expert specialist Solicitors will work to identify areas of employer negligence with regards to their maintenance and repair regime for equipment and tools within the workplace and achieve success with such a claim.

      Reply
  177. Steven

    Was injured in car crash on way to work. Have been compensated by claim against other drivers insurance. Now my employer wants to claim part of my payout to cover the wages whist I was off work.
    Can they? And how long if at all is the cut off point after the accident can they still make the claim against may pay off?

    Reply
    • Ian Morris

      UK law would not allow your employer to recover compensation from you – unless you have been paid by them and also had the same wages paid by the defendant. The compensation you have is your money and the employer has zero right to any of it.

      The employer will have to make their own claim against the defendant to recover any costs that they believe that they have incurred.

      Reply
  178. Chris

    My company were struggling financially and we were constantly being left on our own. We move furniture in a shop and into vans and customer vehicles. A number of staff complained about the risk and I then subsequently had an injury. I was lifting a piece of furniture into the car and the customer then shut the book with my finger in it. I broke my middle finger and had to have surgery. I was in pain for weeks and still do not have feeling in it. The company went into liquidation and I have tried to pursue this but they say because of vicarious liability they are not responsible. I don’t understand how they cant be. There were also no first aid trained staff in the company.

    Reply
    • Ian Morris

      You say that you have already tried to claim, but the claim has failed. Were you represented by a specialist Solicitor? If so, it would seem that the defendants have mounted a strong defence that has been considered by your Solicitor to be robust and likely to stand up to court scrutiny. If this is the case, there is very little that could be done without new evidence to materially undermine any defence raised.

      Reply
  179. Joan

    I fell at work on ice and I am considering leaving now as my work is to strenuous and our hours have been cut. Two weeks ago I made a claim. Does this still stand if I left the company?

    Reply
    • Ian Morris

      The law regarding personal injury compensation claims after an accident at work entitles any person to make a claim against their employer if they believe that their injuries were caused through negligence – whether by the employer or a colleague. It does not matter if you are still working for the employer or if you have left as that will have no bearing on the outcome of your claim.

      What will be important is having the right evidence to support your Solicitor in being able to attach liability to your claim and allowing you to succeed. As such it is vital that you make sure that your accident has been properly recorded with the previous employer. Ideally, an accident book entry was filled in at the time of the accident. If not, it would be a very good idea to make a written report to your former employer and send the same via email or recorded delivery.

      Reply
  180. Peter

    My wife suffered a heavy fall at work while carrying boxes and tripped over a plastic covering on some bottles landing heavily on her knee, cutting her chin and arm, heavy bruising to her knee and shin and big toe. She called me to collect her as her boss said she should go home as she was not fit for work. Then when she got her wages he stopped her a days pay saying it was her fault she fell over and also said she said it was her fault which she says she doesn’t remember saying. Any help with this would be mush appreciated.

    Reply
    • Ian Morris

      The key issue here is the cause of your wife’s fall – the trip on the plastic wrapping from some bottles. If the wrapping was loose and partially obstructing a walkway where staff would be expected to be walking whilst going about their work, there is a strong possibility that the employer would be held liable for causing the fall and the subsequent injuries and losses sustained. Given that your wife was carrying boxes, she would not necessarily have had a clear view of her route. With this in mind, it further emphasises the responsibility of the employer to ensure that walkways are kept clear.

      If your wife disagrees with the employers comment regarding her having admitted fault, she should put the same in writing to the employer.

      We would be very happy to investigate this matter for your wife with a view to pursuing a No Win No Fee claim for compensation as our initial view is that there is a valid claim to be made here.

      Reply
      • Peter

        If I asked you to take up this case for my wife and we lost how much would I be looking at paying to the court or to the other person?

        Reply
        • Ian Morris

          We work on a fully No Win No Fee basis with regards to all of the claims for compensation that we assist with. Therefore, in the unfortunate event of a claim failing, the client pays no fees whatsoever.

          Reply
  181. Mal

    I suffer with plantar fasciitis my job is meter reading so on my feet most of the day over the last 3 weeks it seems to have got worse I am now worried my employer may terminate my contract.

    Reply
    • Ian Morris

      You should discuss your employment rights with an employment law Solicitor or with your union.

      Reply
  182. Joe

    Curious to know if after going through cataract surgery (company admitted liability for causing negligent health and safety policies) 6 months back and have to be prescribed glasses in 2 weeks time, would it be the company’s insurance company offering an offer or 3rd party insurers? Also would that be final part of claim as haven’t had any offers yet claim has been going for a year and 2 months.

    Reply
  183. frankie

    Hi, I had a fall at work in August 18, flooring was being replaced and some vinyl was left not stuck down and I caught my foot under it and fell onto a concrete floor. My right knee took all of my weight and I fractured my knee. I wore a leg brace for 12 weeks and was off work for four months. I received my full wages during this time.

    After the leg brace was removed I had another x-ray, the fracture has not healed and I am having ongoing problems with my mobility and pain. An accident form was filled in at the time there were witnesses and I have photos of the flooring.

    Also the company who were fitting the flooring were sub contracted by the main contractor so I am unsure who is responsible.

    Reply
    • Ian Morris

      Who the liable party are is, at this stage at least, irrelevant. From what you have said, you have a very strong claim for compensation and this is something we would very much like to assist you with.

      Our expert specialist Solicitors would find out who the liable and negligent party were and then proceed with a claim against them to recover compensation for your physical injuries and any associated loss of income or incurred costs. If you’d some info on potential compensation amounts have a read of our article on knee injury claims.

      Reply
  184. James

    I recently broke my thumb while using a hammer and centre punch, will be absent from work as I have a cast on. I am in receipt of ssp only, am I entitled to make a claim?

    Reply
    • Ian Morris

      Simply being injured in an accident at work does not entitle you to make a claim for compensation. What will enable you to claim compensation after an accident at work is being able to attribute the accident and the injury to an act of negligence – either on the part of the employer, or a colleague.

      You mention you were injured whilst using a hammer and centre punch whilst at work. I assume therefore that your work is of a manual nature. As such, the employer would be expected to ensure that you are provided with the appropriate safety equipment (read our article on ppe for more information about this) along with ensuring that you are appropriately trained and qualified to perform the duties required.

      It would be a good idea for you to have a conversation with our specialist staff as we know your rights and can identify whether or not your employer has been negligent and therefore liable for the injuries you have suffered in your accident at work. If you are able to claim, not only can you claim compensation for the injury and impact that it will have on your day-to-day life, but importantly, our specialist Solicitors will also recover your lost income and incurred costs.

      Reply
  185. Ang

    Hi, I was injured at work. I was helping put the delivery away and we have a truck with a long arm on it for carpets. The guy was reversing it into the yard and because it was at foot level i didn’t see it. So I fell and hurt my shoulder and have a minor break to radial head, the doctor said around 6 weeks recovery. I went to A&E and back to work following day. Just wondering is this worth perusing? The pain is rather bad and I’m single mother so hard to get dressed etc, all healthy and safety completed in work and the incident was put in the accident book.

    Reply
    • Ian Morris

      Given the injury you have suffered and the trouble that it will cause you whilst you recover, it is certainly worthwhile further investigating this matter for you. It is good to see that you have made an accident book entry with your employer as this helps to provide important evidence to support any claim that may follow for the injuries that you sustained.

      Reply
  186. Leila

    Must the employer take you to appointments for physiotherapy?

    Reply
    • Ian Morris

      No, employers don’t have to provide transport, they must simply not prevent you from attending any medical treatments.

      Reply
      • Leila

        And if it is a foot injury? I can’t drive myself.

        Reply
        • Ian Morris

          You would have to arrange transport – via a friend who could give you a lift, public transport or a taxi. If so, you may be able to recover the costs by succeeding with a claim for personal injury compensation – if appropriate to make one – by way of the special damages element of your claim.

          Reply
  187. Andrew

    I had an accident at work on 29/12/2016 resulting with an operation to my right shoulder on the 06/06/2018. However, it seems likely that either another operation will take place or I may have to suffer the pain for the rest of my life. If for some reason I have to give my job up, albeit with a package from my employer, can I claim loss of future expenses, as I am only 57 and have at least another 10 working years to reach pension age? My employer has admitted liability and we are seeking compensation from their insurers for my injuries but would like to know if they would be liable to make up the difference in lost earnings for the next 10 years of my working life.
    Look forward to hearing from you.

    Reply
    • Ian Morris

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

      Reply
  188. Tyler

    I was working as a carpenters helper when a roof job came up for us. Previously these shingle roof jobs normally have 3 to 4 guys working on it in order to work safely. However, my boss refused to bring in more helpers so that we could complete the job safely. In this instance, he simply took the job on a whim for himself and me.

    Before the end of the job, my knee swelled up to where I couldn’t walk. Eventually, I climbed down off the roof in real pain. As I was hurting so bad, I never saw a screw that sticking up on the ground and stepped on it. The screw pierced through my shoe into my foot. I panicked an jerked the screw out. My boss never offered me medical attention and simply took me home without making an accident report either. A few day passed and the pain in my knee and foot wouldn’t stop so I went to the ER for treatment.

    Reply
    • Ian Morris

      Under UK personal injury law, the issue you will have is two fold. Firstly, how can you prove who discarded the screw and who is therefore liable and responsible for your injury. Secondly, the accident has not been recorded properly and therefore proving causation will be very difficult.

      Reply
  189. Beryl

    I had an accident while lifting goods in a retail outlet. This required lengthy absence following investigative and then reconstructive surgery. The injury resulted in me being unable to continue with the same job, and my employer can not accommodate me in a different role, so is pursuing dismissal due to incapability.

    As far as I can tell, the accident was only reported internally, and not reported to HSE. There has been minimal investigation and communication with me.

    What is the best way to proceed to ensure that I get any compensation that I am entitled to?

    Reply
    • Ian Morris

      UK Law would entitle you to pursue a claim for compensation as long as you do so within 3-years of the date of your accident.

      Reply
  190. Aditi

    I work in retail clothing shop and my manager was in rushed and she was trying to do stuff faster and by mistake she threw metal object on one of the racks and it didn’t go inside the box but fell on my head and neck. I am still in pain, she didn’t use the step ladder to put the things away – am I still able to claim for negligence of my manager?

    Reply
    • Ian Morris

      Was your injury and the cause (the actions of your Manager) recorded in the workplace accident book? If so, you may be able to succeed with a claim for compensation.

      Reply
  191. Josh

    I was working on a ladder on a roof, the ladder slid out from under me and I fell on to the roof and then on to the ground, breaking my foot which lead to me having surgery and pins put in.

    When I reported the fall my employer told me not to say I was on the roof because I wasn’t suppose to be on it with out being tied off but when I was trained for the job they never showed me how to tie off. The people that trained me told me to get on the roof to do the job which isn’t the correct way to do it.

    Reply
    • Ian Morris

      You have been badly advised by your employer with regards to making an inaccurate report of the accident. If there is no written evidence to support the fact that you were injured having fallen from height, you could struggle to succeed with a claim for compensation.

      The lack of training in safe working at height is negligence and would usually be something you could then attach employer negligence to.

      Reply
  192. John

    I was not offered first aid after being assaulted at work, instead two hours later took myself to hospital for treatment where I got a stitch in my lip, do I have a claim?

    Reply
    • Ian Morris

      The lack of first aid is bad practice, but not negligent and in and of itself, so not something you could claim for. You may however, have a claim for criminal injuries as a result of the assault – but only if the matter was reported to the Police and you then provided statements and full cooperation to the Police.

      Reply
  193. Sherry owens

    I started a new job needed a box cutter took one from home and got cut. After being cut I was told that the box cutter I had was not surppose to be used only the retractable one and they issued them. But I was never told anything about what kinda box cutter to have are they will issue me one. Can i be fired my boss said HR could fire me for this. Can they?

    Reply
    • Ian Morris

      I don’t foresee how you can be fired for this action, but your choice of using your own box cutter and then suffering injury would render you unable to make a claim for compensation against the employer.

      Reply
  194. Chris

    I had a workplace accident in November 2017 in which I was burnt. I spent 9 days in hospital and needed a skin graft. I had 13 weeks off work.

    On my return to work, I was threatened with the sack for putting a claim in. I had my company first aid certificate taken off me and I was bullied for 3 months until I left the company. I had a letter last week telling me that my solicitor who was handling my claim is no longer seeking damages and dropped the case. Can I appeal or try again with another solicitor?

    Reply
    • Ian Morris

      You do have the right to seek a 2nd opinion from another specialist Solicitor with regards to the closing of this claim and potentially switch to using them instead. It would be useful to know on what grounds the Solicitor has dropped the claim – I assume that the employers insurance have provided a robust defence that indicates that the employer was not negligent?

      Reply
  195. Barry

    Hi I had an accident at work in July last year and am in the middle of a claim. I lost my job in september due to taking too much time off work but the company never gave me any verbal or written warnings. I believe they were worried about me making a claim and found an easy way of getting me out of the company, also I never had any introduction or manual handling procedures. I have reported them to hse but they are not even bothering with the company when the place is a health trap. We was made to work when the factory was smoked out by plastic burning from the machines and some of the plastic said it was dangerous to you lungs. I believe the company is negligence to all their staff.

    Reply
    • Ian Morris

      Employers are legally able to terminate employee positions on the grounds of ill health and inability to work – even if they were injured whilst at work. That said, they must follow due process and act in accordance with Employment Law.

      Your current solicitor should ensure that your personal injury claim is represented properly and if applicable, claim loss of income relevant to the loss of your position with the firm.

      Reply
  196. Emma

    I was involved in an accident at work last year. This involved me nearly drowning due to me working with a child with special needs who panicked and wrapped his arm around my neck. 4 people had to come in and remove his arm from around my neck. I had never worked with this boy before and feel that the risk assessment was not up to date and therefore I was put in a very difficult situation. This has caused me to has numerous medical appointments and i now suffer from anxiety and depression.

    Reply
    • Ian Morris

      If the risk assessment was not accurate and in date, your employer could be held liable. The issue you would have is proving causation – that is to prove that the anxiety and depression was 100% attributable to the incident at work.

      Reply
  197. John

    My work could not have prevented me being headbutted by a drunk passenger but never offered first aid and 2 hours later after continued bleeding from a split lip I had to go to hospital and got 1 stitch. Do I have a case?

    Reply
    • Ian Morris

      The employers failure to provide 1st aid is bad practice, but not something you could claim compensation for.

      Reply
  198. Donna

    My partner class 2 delivery driver, accidentally closed the shutter on his left hand which caused swelling and a lot of pain, he rung and had to wait for a replacement driver and was put in another truck which broke down, recovery vehicle came but the hydraulics went so had to wait for another recovery truck!!!! This taking more time/hours and then taken too a&e, has the company breached anything?? My partner still on route too the hospital time since accident is over 7 hours!!!

    Reply
    • Ian Morris

      The company haven’t necessarily done anything wrong. They may have been inept in their handling of this situation and perhaps should have got your Partner to Hospital sooner than they have, but that would not constitute a claim.

      Reply
  199. Anne-Marie

    I am a school escort working for a council. On 12th October last year during storm Callum, a tree fell on the taxi minibus I was in and i injured my back and was taken to hospital. I am still suffering pain now but have returned to work. The council say I can not claim compensation from them as it was an act of god…Where do I stand in this please?

    Reply
    • Ian Morris

      As the passenger in this accident, you may have a chance of claiming compensation from the minibus insurers. However there is a chance that you could be blocked from claiming under the ‘act of god’ issue you have come up against so far.

      To succeed with a claim against the owner of the tree, or organisation responsible for the management of it (the local authority), you would have to demonstrate that their Tree Officers and Parks Department were negligent and that the tree that fell was unsafe and should have been felled before the storm felled it. As you can imagine, to prove such negligence would be extremely difficult and it is most likely that the force of the storm was simply beyond mitigation.

      Reply
  200. Michelle

    I have been off work for 8 weeks with a bad back that I got from lifting something at work I have only work for the company for 5 months can I be dismissed?

    Reply
    • Ian Morris

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

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

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

      Reply
  201. Steven

    I had an accident whilst at work. I fell 30 feet out of a tree due to equipment malfunction. The equipment was correctly maintained and logged as well as still
    Under manufacture warranty/guarantee. Do I have rights to sue the manufacturer?

    Reply
    • Ian Morris

      You certainly have rights to make such a claim. However, proving that there was any negligence on the manufacturers part will be extremely difficult.

      Reply
  202. Tony

    I got injured at work 15 years ago and the insurer denied the claim on unclear circumstances. I tried to revive the case 3 years ago to no avail. I was given a 10% disability as the insurer said they was no claim. The insurer’s letter of no claim prevented me from further inquiring on my compensation.

    Reply
    • Ian Morris

      Sadly UK personal injury law will prevent you from being able to do anything about making a claim now as more than 3 years has passed since your accident. UK personal injury law is strict in that any claimant MUST make a claim within 3 years of the date of their accident, unless they are a child when injured – in which case, they must make their claim before their 21st birthday.

      Reply
  203. Lee

    I work as a Labourer and recently I was asked to move a bag which my boss knew contained a used and dirty needle. I was told make sure I had my gloves on and not to touch it with my hands. While moving bag with my gloves on and aid of a litter picker, the bag burst at the bottom and the needle stabbed my leg. Now my boss is telling me to say that I didn’t know the needle was in the bag as it could come back on me?! I am just wondering what my rights are?

    Reply
    • Ian Morris

      You could claim compensation for the incident in which this dirty needle has punctured your leg. Without doubt you should report the correct and full details of the incident (as with any accident anywhere, the details should always be reported honestly), to your employer. There is no way that the incident could come back on you – if you were acting on your Managers instructions.

      Needle stick injuries usually don’t cause particularly serious physical injuries, but can include nerve damage in some cases. However, suffering a needle stick injury from a dirty ‘used’ needle could cause serious infection with life long illnesses. The only way to confirm whether or not such an infection has been suffered is to seek medical attention and undergo a blood test. During the wait for the outcome of the blood test, it is likely that the injured person will be stressed and worried.

      Reply
  204. Raymond

    I injured myself at work and reported it the same day but waited 6 months to go to the hospital as i was hoping that it would get better.

    Reply
    • Ian Morris

      You could still make a claim for compensation in this accident. The immediate accident book report will provide evidence to confirm that the accident happened at work. The fact that you self-medicated for so long is not particularly problematic.

      Reply
  205. Beverley Patrick

    I have developed occipital neuralgia because of heavy equipment at work and now have to see a neurologist. I also have a ache in my back and tender neck.

    Reply
    • Ian Morris

      Has your Doctor confirmed that the condition has been caused by the work you do? If so and if your employer has failed to provide you with adequate training and guidance with regards to manual handling and safe lifting of heavy items, you could seek to make a claim for compensation.

      Reply
  206. Julia

    Hi i just need a little advice, my boss at work where i clean has suggested we leave all the chairs out from under the desks where we clean computers to hoover under, what happens if i fall over one of those chairs, who then is responsible?

    Reply
    • Ian Morris

      If you are concerned that the employers working instructions are hazardous, you should put your concerns in writing to them. If the employer fails to act on your concerns and you then sustain an injury whilst going about your working duties as per the employers instructions, they would probably be liable should you then sustain injury.

      Reply
  207. margaret

    I sub contract for a cleaning company, my employment was in a boarding school, in September 2018 i stood on a wet carpet and slipped down a flight of stairs, which resulted in a left broken fibula and severe bruising down all of the right side. There was a hole in the ceiling and water had been leaking onto the floor, they had put two black buckets to catch the water and did not corden off any area, i was not told to keep clear of the area, the boarding school are denying responsibility, where do i stand?

    Reply
    • Ian Morris

      Are you being represented by a specialist personal injury Solicitor? From your description of your accident and the cause of your fall, it would appear that there is no viable defence to be mounted by the school.

      We would like to speak with you about this incident so that we can find out more. I’d also direct you to our article on claiming after a fall at work for more information on this type of claim.

      Reply
  208. Janet

    I had a bad fall at work 12 years ago. I did look into claiming compensation at the time, but I was advised against it, as I fell and badly broke my ankle and also my shoulder.
    I was a teaching assistant and fell in the area I worked in. A child threw a wooden building brick , and I fell over it.
    I have now bad arthritis in my leg and knee. I have pins and plates and a metal rod in my leg.
    Need advice.
    Thanks.

    Reply
    • Ian Morris

      Sadly, you are now unable to take any action for the ongoing symptoms and trouble you have as a result of your accident 12 years ago. UK Personal Injury law only allows a maximum claim limitation period of 3 years from the date of the accident in which you can make a claim for compensation. In your case, you are now 9 years outside of that limitation period.

      Reply
  209. Richard bell

    I had a car accident at work and my company let me go after I was off sick, they said they would let me go if I made a claim they basically said I was lying but I was told I had a fractured back from the hospital. Is this legal what they have done?

    Reply
    • Ian Morris

      Under UK law, an employer has no legal right to terminate your employment on the basis that you have made a claim for compensation. Every UK citizen has a legal right to pursue a claim for personal injury compensation if they have been injured in an accident that was not their fault. Of course, if a person attempts to make a claim for personal injury compensation on a fraudulent basis, they are acting illegally and could face serious consequences, including dismissal from work and criminal proceedings.

      Reply
  210. Caitlynn

    If something weighs more then 50lbs should it be on the very top shelf at you work where barley anyone can reach it??

    If it caused me permanent damage is there something I can do to get help with the money I will lose??

    Reply
    • Ian Morris

      UK law and safe working regulations would indicate that any item of such weight should only be located in a safe location. Whilst that could be at height, it would not be safe to expect a single employee to have to lift an move items above the safe lifting weight at such height.

      Reply
  211. Samantha

    I had a minor accident where the Hoover pole become detached and hit me in the eye causing me to go dizzy and see stars, should I make a claim I feel silly as it was with a Hoover?

    Reply
    • Ian Morris

      You shouldn’t feel silly – accidents happen and are often not foreseen. My concern with regards to your injury is that whilst it was distressing for you at the time, I am not convinced that it would be seen as serious enough to warrant making a claim for compensation. Did you report the accident details in an accident book? Did you seek medical attention?

      Reply
  212. H

    My work colleague had her thumb dislocated by a resident. The manager gave her the option of SSP which obviously wouldn’t kick in immediately or she could take the time off out of her annual leave. Is this allowed?

    Reply
    • Ian Morris

      Yes, that is totally legal. Employers don’t have to pay full salaries to injured workers who are unable to work – even if their injury was suffered at work.

      Your colleague may wish to contact us to discuss the specific details of the incident in which she suffered the dislocated thumb. There may be no claim as it could just be an unfortunate incident. However, if it can be shown that the employer has failed in their statutory duties – such as a lack of training or inadequate risk assessments etc, a claim may be possible.

      Reply
  213. Blanca

    I have a friend who fell a couple months ago in Mexico. For the past 6 months, everything was ok until last Thursday, he was carrying cement blocks at work and he fell after he lost control of his legs. Now he’s in a lot of pain. The Doctor has said that his problem is that a disc in his spine is out of place. He doesn’t have insurance and his Doctors bills are expensive. My boss’ secretary told me he can apply for work compensation because this happened at work. However, as he has had this problem before he started working with this new boss, is it the case that he can claim on the insurance?

    Reply
    • Ian Morris

      UK personal injury law would not allow him to claim compensation for the damaged disc in his back, unless it can be shown that he slipped a disc at work.

      In this case, whilst he collapsed at work it would appear that the injury may have been caused when he fell in Mexico. Has his employer provided manual handling training and ensure that he is lifting items safely and correctly?

      Reply
  214. Helen

    Hi, I had a fall in August 2018 at work and broke my humerus bone. I have since had numerous hospital and GP appointments as well as physiotherapy, which I am still having. I do not have full movement in my rotator cuff yet. I recently returned to work on a phased in period. Would i be able to claim?

    Reply
    • Ian Morris

      The injury you have sustained after you fell at work is a serious one and you are likely to suffer with some permanent problems as a result. Therefore, if you could succeed with a claim for personal injury compensation, the settlement value that would be assigned to your claim would reflect this.

      Whether or not you can make a claim will depend on what caused you to fall. We would very much like to know more about your accident and find out what happened in order that we can then advise you on the appropriate course of action.

      Reply
  215. John

    My wife strained her back on the job while stocking a cold drink cooler. Her boss wants her to sign a paper saying it is not work related and she wont file workman’s comp claim. Is this legal and should she sign it? They are saying she can rescind the paperwork.

    Reply
    • Ian Morris

      No employee should sign anything at the behest of their employer, especially if the employer is asking them to sign something that is factually incorrect. With regards to your wife’s situation, she should seek medical attention and discuss her back injury with her Doctor. If the Doctor is happy to confirm that the injury is work related, that will enable her to pursue a claim for compensation.

      Reply
  216. Steve

    Good morning,
    My Wife works as a postal worker for the Royal Mail. Yesterday when out on her deliveries she rolled over on her ankle. At the time there was no pain at all, and she completed her round without any issue. It wasn’t until this morning that she was struggling to walk and her ankle has inflamed with bruising around the area. A manager at her office has sent her home but she was told that she should have reported the incident yesterday. This is a frequent issue in her line of work with uneven and sloping driveways on certain routes. She is currently not covered for full sick pay as she hasn’t completed her 6 month contractual period. I suppose my questions are: did she need to report the incident when it happened which had no sign of physical affect at the time? And is she entitled to full pay while she recovers as this has happened while at work?

    Reply
    • Ian Morris

      Ideally, an accident or incident at work (or anywhere for that matter) should be reported immediately. However, it would be reasonable to say that reporting the incident within 24 hours, such as your wife has done this morning is acceptable and the employer ought not to refuse her the right to do so. She can make a record of the incident personally and send the same to her employer by email. She could rightly state that although she was aware of the incident, she had no pain or discomfort until much later and therefore hadn’t thought to report it.

      UK law does not require an employer to pay an employee full or normal salary whilst off work. However, many employers do have their own agreements/contractual arrangements that do provide sick pay for periods of absence from work. With regards to your wife working for Royal Mail, whether or not she is entitled to sick pay will depend on her contract of employment.

      Reply
      • Steve

        Hi Ian, Thanks for your reply.
        My wife had a meeting with her Manager and union representative this morning before being sent home. However, she was not asked to fill out an accident report by either of them? I have told her to email her report to her Manager so there is a record. Because she doesn’t receive sick pay this puts us in a difficult position financially. Is it worth perusing a claim if she is unable to work for a period of time?

        Many thanks in advance

        Reply
  217. Bellie lipska

    Okay i got injured on the job back in September of 2018 and was discharged from Banner Occupational in November 2018 and my claim was denied the day i was discharged I told the doctor i was still in pain and nothing has helped pain relievers, physical therapy, ice pack and heating pads they all have failed but they discharged me anyway. I been working in pain ever since i September i can’t bend my finger without pain and i found out if i don’t wear the finger splint i got from the store my finger hurts all the time but when i wear the splint I’m pain free and i ended up back in urgent care just recently for this injury and they want me to reopen the case and sent me to a Orthopedic Hand Surgeon well I talked to Human Resources at my work and they told me i had to tell the Ortho that it’s a personal injury. Which is a lie.
    What would you do?

    Reply
    • Ian Morris

      It is always important to make sure that you act with total honesty and do not mislead any parties or act dishonestly when claiming compensation.

      Reply
  218. Lisa

    My Husband was in an accident where he rolled a tractor loader down a 100ft hill, the tractor failed him as he reported to management that morning that the tyres were not fit for use, any way he was flung out of it and it crushed his leg. He had to have massive reconstruction surgery, some time has passed and he’s now able to hobble on the leg, his solicitor is just waiting on the other party as to whether or not they will admit liability. He has been offered another job but with an automatic tractor and wouldn’t have to use his foot for any heavy work. Will him returning to work affect his claim at all or would you advise him to stay off work until all this is cleared? He’s not been signed off as being fit for work but if he does get signed off by the Doctors this week, he wants to start this job.

    Reply
    • Ian Morris

      Returning to work in a new role should not have any impact on his claim for injury or loss of income. The only thing returning to work does is stop his loss of income going forward. My view is that starting the new job is a positive thing and not negative. However, before he does return to work he should of course speak with his current Solicitor to get their input as they know the full details of the claim and any counter claim from the defendant and it would be sensible to act on their advice.

      Reply
  219. Sarah

    Hi, I worked at a catering business for a good 8 months and was seriously overworked. We were constantly understaffed and were made to work 7 day weeks (even though contract said may work weekends). I never got given the safety boots I requested, I wasn’t shown where the accident book is or how to us it, our health and safety and manual handling was all done via computer not physically…

    Every time we were feeling sick we were made to feel guilty and almost forced to come in. The job involved being on my feet all the time but as we were understaffed we were always rushing.

    The week before I left (had to move back home as stepdad was terminally ill) the doctors gave me a sick note as my feet were hurting a lot and I found it super hard to walk on them- he said the fact I was on my feet consistently I haven’t been able to get the chance to rest them and it’s caused by stress. When handing my sick note to my boss he said ‘oh so your not coming in then?’…what do you think?

    Since leaving my Injury is still there and it’s affecting me a lot. After a doc’s appointment today they said I have ‘plantar fasciitis ‘ and I’m not allowed to work for another 4 weeks! In total that’s 5 weeks of no work and loss of potential earnings.

    This is really bad as my money is running short and I’m meant to be financially helping my mum as my stepdad has now passed away. The injury is affecting me daily and it’s hard to ordinary things like get up from my bed or walk to the shops, I can’t even complete one 8 hour shift!!

    Is there a possibility I could claim compensation?

    Reply
    • Ian Morris

      There is a potential to claim compensation, but the issue you will face is proving that the condition that is causing you the severe pain (plantar fascitis) was caused by the previous employer and negligence on their part.

      We would be happy to present a claim enquiry on this matter to our specialist Solicitors in order that they can discuss this matter with your and review whether or not sufficient evidence is likely to be available to support your claim. This would enable them to make an informed judgement as to whether or not your situation is something that would meet the criteria needed to pursue a claim.

      Reply
  220. Jonathan

    Hello there,
    I was just wondering if you can give me some advice on a situation that happened at work. Another colleague who was working with me on a roof had an argument with me and resulted in him kicking me from behind as I was about to leave the roof via a door, I then grabbed him to stop him attacking me as he was double my size he threw me to the floor then we wrestled. I was constantly trying to get him away from me during the process he landed on me and dislocated my shoulder and my face was cut and I have a bruise on nose and eye. Also I had a knee op 12 days prior that also made my knee in some pain.

    There are more details to this situation but this is the main details which I have mentioned depending on how work deal with this I would like to take legal action with this situation.

    Reply
    • Ian Morris

      Did you report this matter to your employer and the Police? From the initial description information you have provided, I cannot (at this stage) see how the employer could be held liable as the actions that cause you injury rest with the colleague who attacked you and not due to employer negligence. To that end, as things stand the only route to compensation that I can see is via the Criminal Injuries Compensation Authority (CICA).

      We have specialist Solicitors able to pursue claims via the CICA and if you would like to investigate making a claim via this route, please contact us. To qualify for a CICA claim, you must report the matter to the Police, cooperate with the Police and seek medical attention for your injuries.

      Reply
  221. David

    My daughter who was a Police Officer was sent on a Scuba Diving Course, to a civilian Diving School over 5 years ago and as a result of their negligence receive injuries that have resulted in her being ill health retired from the police force and is unlikely to work again. A negligence claim was submitted against the Dive School in question and the case was due to be heard in the High Court in Scotland in July 2018. A couple of months before the court case, at an initial hearing, the Dive School admitted that they did not have adequate insurance i.e. that they were not covered for accidents that occurred in open water, again further negligence on their part. As a result of this my daughter was given the choice of proceeding with the court case which would have bankrupted the Dive School and she would not have received anything or accepting an out of court settlement of less than 10% of the proposed amount her solicitors were asking for. Reluctantly she took the settlement to at least give her some money. She has been out of the Police Force for over 2 years now but I have written to the force on her behalf as I think they have some liability for sending her on a course to a Civilian organisation without carrying out adequate due dilligence and ensuring their officer was covered in the event of accident, given the nature of the course. I wrote to the Police several months ago and all I have been told to date is that it is with their legal department. Does my daughter have a valid case against her ex employer?

    Reply
  222. Yasmin

    I was working in a shoe shop and another employee chucked a shoe at me hitting my nose and just missing my eye. I was serving a customer at the time and my nose started to bleed. Luckily, the customer was a Doctor and he tried to stop the bleeding. I reported the incident to the manager and they just told the employee to take a few days off. I did not go to work and the employer tried to offer me higher positions in other branches.

    Can I claim compensation against the employer? They have not done anything to the employee and she is back at work as usual.

    Reply
    • Ian Morris

      I am not sure whether the employers failure to take appropriate action against the employee who cause you injury would leave you able to claim compensation against the employer. Of course, if you felt that the failure of the employer to take action left you unable to continue with your job you may have grounds for a claim for constructive dismissal – however, we cannot advise on such matters as that relates to employment law and not personal injury – which is our area of expertise.

      With regards to claiming compensation in this incident, you may be able to make a claim against the employer – but only if it can be shown that they have been negligent. For example, in your case the employer may be liable for the injuries you sustained if they knew that the employee who threw the shoe was aggressive and had previously behaved in a threatening or dangerous manner and this had not been acted upon. This could make the employer vicariously liable and as such, have to compensate you. However, if this was simply a random act of stupidity or violence, it is hard to see how you could hold the employer liable.

      Reply
  223. Sally

    Hi I had an accident at work where I sustained burns and was off work for a while. Problem is the business is closing down now, can I still pursue a claim?

    Reply
    • Ian Morris

      Yes, you can still pursue a claim and even if the business is already closed the possibility of claiming remains open to you. The employer would have insurance in place that would cover the period of time where you worked for the employer. Ideally, you should start your claim at the earliest opportunity.

      Reply
  224. James

    I broke my toe at work after dropping a heavy object on it. When I started my job I signed something which said I wouldn’t lift heavy objects. Would this mean I would not be able to claim?

    Reply
    • Ian Morris

      You may still be able to make a claim for compensation against your employer. We would like to investigate your claim and take this matter forward for you.

      Reply
  225. Teresa

    I crushed my thumb in baling machine at work, I had brief training year ago, I’ve broke my thumb and had a bone put in place and then metal bits 4 weeks ago. I see surgeon again 10 days time will find out when they taking metal bits out etc, and have physio, been signed of work, first couple days work phoned twice and said I could go back light duties. I normally fill shelves, hospital wouldn’t let me go back then, 4 weeks later they say I can but light duties and be very careful with my thumb which they put on my sick note. I took it work and they said they’d phone me next day, 2 days later nothing. I phoned this time, spoke to a manager that was on duty when I broke my thumb she said she was unaware that I could come back on light duties but would phone me back to let me know what was happening, 5 days later nothing, I don’t know what to do.

    Reply
    • Ian Morris

      We would like to speak with you further about your accident at work in order that we can ascertain whether or not you can make a claim for compensation. Please use the ‘start a claim’ page of our website to make further contact with us.

      Reply
  226. Michelle

    I am currently undergoing physio therapy treatment for a shoulder injury caused during my employment,
    Can they ask me to use my holiday entitlement or make my hours up for attending these appointments?

    Reply
    • Ian Morris

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

      Reply
  227. Naifa

    Hi,

    I work in Tescos warehouse and I was hit by my employee with a machine truck. It caused a dent in my leg. When I reported the incident the first aiders decided to put an ice pack on my leg then take pictures of my leg half hour later when the swelling had gone down. However I have the pictures of the initial injury. They decided to send me home since I wasn’t able to work anymore for that day. Tesco’s have said I will only be paid for hours I worked that day so I won’t be receiving the full payment? Could I claim on that? Also I wasn’t able to work the next day as the swelling continued. Furthermore I’ve addressed the payment issue with my manager but he’s chosen to ignore that and thought was appropriate to ask me if i can come to work the next day knowing full well what happened the day before.

    Reply
    • Ian Morris

      Your only route to recovering the lost income would be by making a claim for personal injury compensation. In this matter, the initial description of the incident would lead us to think that you have a valid claim that should be pursued. If you would like to take this further, please use the ‘start a claim’ page of our website to get in touch.

      Reply
  228. Andy

    Hi there
    I had a slip in work on ice in our yard 11 Jan 2018.
    To cut a long story short I had an operation on my knee to repair the damage, which was unsuccessful. I had a bit if arthritis but the only option left according to the surgeon is a complete knee replacement. My firm paid me full pay for 3 months but what i am wondering is because I will have to have 8 to 9 months off for the operation, are the firm obligated to pay me full pay as it was originally started from a works accident.

    Reply
    • Ian Morris

      UK law does not require the employer to pay you in full for such a lengthy period and most employers would not pay full salary for such a length of time.

      Reply
      • Andy

        Ok many thanks for your help

        Reply
  229. ivor

    I work for Sky as a TV engineer and slipped on wet grass at a customers property and have broken my ankle in three places.

    I was off work last year for 3 months with depression and because I’ve been off twice in a 12 month period, the company is using this against me to not pay me a wage saying I’m not entitled. I have been off for the last 7 weeks so far only receiving the basic SSP payments.

    I feel the company are punishing me for doing my job – they have a massive push on mental health but yet they’re not wanting to pay me for an accident I had doing a job for them! Do I have any claim? This is now putting a strain on my marriage and I’m falling back into depression again with all the worry.

    Reply
    • Ian Morris

      Sadly, the law does not oblige an employer to pay sick pay to people who are off work – even if they are off work due to an injury sustained in an accident at work. Whilst you may have contractual rights with your employer regarding sick pay, they may be within their rights to not pay sickness payments for any 2nd period of sickness leave within 12 months. You could well overturn this and it could be a good move to take a grievance out against them regard this issue.

      The only way you can make a claim for compensation in this matter would be by demonstrating that your employer has been negligent and that your slip and subsequent injury was due to their failings. Given that you slipped on wet grass it is hard to know whether you would have any reasonable prospect of holding the employer liable for negligence in this matter.

      What were you doing at the time of the slip?

      Reply
  230. Melissa

    My husband had a stroke at work…none one had the medical department at work evaluate him or take him to the emergency room. He was off work at 330pm but the sheriff bought him home to me at 638pm saying he didn’t know his name or were he lived or anything. His job did not contact me and I am the one to call 911 to get him help, can I sue?

    Reply
    • Ian Morris

      UK Law would not afford you a right to sue the employer in this instance. Whilst they may have been morally negligent in not getting him to Hospital, the employer are not medical experts or Doctors and would not be in a position to identify a serious health incident or realise that any such event was unfolding.

      Reply
  231. James

    I have a colleague who is a Postman, over twelve months ago he injured his little finger [of his dominant hand] by slicing through the tendon with a knife while at home. As a result of this injury, scar tissue formed which substantially limited the movement in that little finger of his dominant hand.

    He has recently had surgery to remove the damaged tendon and needed four weeks off work to recover. He was instructed to have four weeks off work by his surgeon. He will have a graft to replace the tendon at some point in the future.

    As a result of him needing time off to recover from the first surgery, he may be given an attendance warning by our employer.

    I might say:
    He has a disabled finger;
    It is a substantial disability because he works with his hands;
    It is a long-term disability because it has lasted longer than twelve months, and in any event, it will be for the rest of his life;
    It affects his ability to do ‘normal day-to-day activities’ include everyday things such as eating, washing, and his work;
    Because He has a Substantial Long Term Disability which affects his ability to do ‘normal day-to-day activities’ he qualifies for protection under the Equality Act 2010;
    And as such he is protected by law from being disciplined for the time he was off work.

    Would he have a case to bring a claim if he were disciplined for taking four weeks off work to recover from surgery on his disabled finger?

    Reply
    • Ian Morris

      This scenario is one of employment law matters and not personal injury.

      Reply
  232. Les

    Hello, i was curious to my condition i been a postman for 37 years come march 2019 and now i need 2 knee replacements. Could i have a claim or would it be classed as just wear and tear over the period? i am now 60 royal mail try to get rid of people as soon as it starts to cost the company money i was hoping to last until i am 65 but the pain and stiffness is very uncomfortable.

    Reply
    • Ian Morris

      The issue you would have is proving that your knee problems and the need for 2 total knee replacement procedures was caused by the negligence of your employer and not natural wear and tear. Of course, being a postal worker, you would have had a physical role with much walking and carrying of deliveries. As such, wear and tear would be expected within the knee joint and given the age you cite, it is likely that degeneration would be found within your knees and I have to say that it would be very hard to prove that your employer have caused this condition – or failed to minimise the risk of it.

      The other issue you would face is one of limitation – how long you have to make a claim. Given the situation with your knees, it is likely that you have been having symptoms of pain or discomfort for some time now. Therefore, it is quite likely that you would be outside of the 3-year claim limitation period anyway.

      Reply
  233. Eliza

    Hello, my husband got injured at work. He’s working in a factory with lots of chemicals and last night one of the substance splashed in his left eye even though he was wearing all the protective equipment. He only had 2 months at this job so he’s a new person. The thing is he’s been sent to hospital because his eye was red and itchy, so he gets treatment for few days and the doctor recommended 2 days off from work, it is everything written down on the sick note. However, after two hours when he saw the doctor he came back to work and his manager was waiting for him outside of the building and he didn’t even left him inside by saying this is your last day at this job because he splashed that chemical in his eye, and apparently his job is not up to standard, but he is new as well as other people there. I don’t think this is the right way to act as a manager and he made him to feel so sad and useless as we had a baby and he lost his job because of their negligence. Can you please advise me what to do please! Thank you!

    Reply
    • Ian Morris

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

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

      Reply
      • Eliza

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

        Reply
        • Ian Morris

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

          Reply
  234. Gen

    A ‘worker’, as defined by the Employment Rights Act 1996 Section 230 3 (b), suffers personal injury at work due to use of faulty equipment supplied by his employer. Can he advance a common law negligence claim against his employer in the same manner as it would be for an ’employee’?

    Reply
    • Ian Morris

      Has the worker in the scenario you describe pursued a claim for personal injury compensation? If injury were sustained by an employer due to faulty or inadequate equipment provided by an employer, the injured worker could pursue a civil claim for personal injury compensation against the employer to recover all costs and lost income incurred due to the negligence of the employer as well as a settlement to cover the extent of the injury sustained in said incident.

      If you would like any further help with making a claim for personal injury compensation, please call us on 01225430285.

      Reply
  235. Joseph

    I worked as a detailer for Garlyn Shelton. On Friday December 14th I left work early due to breathing complications. All I remember is giving the emergency room my licence and telling them I was having an asthma attack. I didn’t open my eyes again until 6 days later. I was incubated during the whole time I was unconscious. After discharge on Christmas eve I was trying to remember the last thing I was doing before coming to E.R. I was at work using bug wash, lysol all purpose, wipe and shine, tire shine, solvent, etc. on cars and through out the day my health was declining to the point where I drove myself to the E.R. I just wanted to know is there a claim involved due to no proper training using these chemicals?

    Reply
    • Ian Morris

      Under UK law, an employer requiring workers to use any chemical products must have a COSHH (Control of Substances Hazardous to Health) policy. Employers have an obligation to follow the Control of Substances Hazardous to Health Regulations 2002, which is to either prevent or reduce their workers’ exposure to substances that are hazardous to their health. This would include provision of personal protective equipment (breathing masks), gloves, ventilated working areas and any other relevant protections.

      If an employer were to fail to fulfill these statutory obligations and an employee were to sustain injury or ill health, it is most likely that the employer would be liable and have to settle a financial claim for compensation on the basis of employer negligence for any injuries and losses caused.

      Reply
  236. Leah tooke

    I fell on a wet floor at work there was wet floor signs and when I fell I broke my wrist. They gave me correct care and sent me home and I went to a&e but they are now telling me that I can’t work as it’s not a good look on the company and I can’t afford to have the time off. I wanted to return as soon as, can they do this?

    Reply
    • Ian Morris

      An employer is free to request your non-attendance if it is deemed that your presence at work would present a risk to Health and Safety. However, whether or not they can force you to remain absent simply on the grounds of appearance is questionable.

      From the description you have provided of your accident and the slip on the wet floor, it would appear that you do not believe that the employer has been negligent and as such, you do not wish to pursue a personal injury claim against them. However, simply erecting a hazard sign would not in and of itself absolve the employer from liability for your injury. To that end, I wonder what the nature of the wet floor was? Was it a spillage? A leak? Were the hazard signs displayed clearly?

      Regarding your enforced absence from work, I would suggest that you make contact with an employment law specialist in order that you can get qualified advice as to your rights.

      Reply
  237. Donna

    I fell at work on a polished wooden floor just inside the main entrance doors. The floor has a slight slope to it. After a 18 months of pain I am now claiming pip for my disabilities. My job is going to end due to incapability. They have only just put a rubber mat in place due to parents falling in the same place. I work in a school as a cover teacher.

    Reply
    • Ian Morris

      Our view is that you have a valid claim for personal injury compensation against the employer for their failure to minimise the risk of injury on the polished sloping floor. Having spoken with you, we understand that a rubber mat has now been placed on this floor after further falls and as such, the risk of slipping has finally been addressed and dealt with. Therefore, there is a clear argument in your favour should any claim follow in that the employer failed to act on the risk of foreseeable injury presented by a slippery sloping floor surface and exposed you to the risk of injury.

      Reply
  238. Natasha

    I got assulted by a patient in work when on shift as a nurse. I sustained muscle and soft tissue damage to my forearm & two staved fingers. Not to mention i was very teary and upset after the incident. Would i be entitled to make a claim?

    Reply
    • Ian Morris

      You certainly have the right to make a claim for accident at work compensation. Your claim would succeed if we can establish that your employer was negligent in this incident. We have successfully pursued very similar claims in the past and the claims succeeded because we could show that the employer had failed to provide the appropriate level of support, guidance and training or that they had not properly risk assessed the patient and their needs/risks.

      Reply
  239. howard

    I slipped and fell at work and wasn’t sent for treatment and did regular duty for two months until my elbow swelled. Then was sent to an orthopedic surgeon and they said I had a broken elbow.

    Reply
    • Ian Morris

      Under UK personal injury law, your employer would not necessarily be responsible for ensuring that you sought and obtained medical treatment as it would be for you to decide whether the pain/discomfort of an injury required medical treatment.

      However, the employer could well be liable for the actual injury if the cause of your broken elbow (your slip) can be attributed to employer negligence. We would like to speak with you further as you could well have a valid claim for accident at work compensation with which we could assist.

      Reply
  240. Warren April

    I was forced by my foreman and manager to perform duty on a fragile roof structure after a fire. Only a part of the roof had to be replaced and I asked my foreman and our building inspector regarding the unsafe roof structure, but my concerns were ignored. Whilst working, I fell around 4 metres through the asbestos roof and sustained a shoulder fracture, open flesh fracture on my leg and also hurt my back were my 12th vertebrae was shattered. 2 months after my fall I received an operation on injured shoulder after an orthopedic surgeon stated and confirmed my shoulder fracture.

    My employer doesn’t comply to health and safety regulations and if asked by me I receive threats to leave if I’m unsatisfied in working for my employer. The employer has also victimised me at work due to my always asking health and safety questions. On the job there was no scaffolding or any other safety measures present. Further, the building inspector also did not assess the fragile roof structure properly – his assessment just stated that a part of roof must be replaced with no safety guidelines for fragile roof structure work.

    Reply
    • Ian Morris

      My initial view is that you have a very strong claim for accident at work compensation. You have clearly highlighted a number of health and safety failings by your employer which should enable us to demonstrate clear employer negligence being the cause and as such, we would be confident of you succeeding with a claim.

      Clearly, your employer is not particularly honourable given their attitude towards your legitimate health and safety concerns. With this in mind, it is worth considering how any claim against your employer will be received with regards to your ongoing work with them. Whilst no employer can dismiss you legally for simply making a claim, that doesn’t always guarantee that you would not face difficulties. However, given the severity of your injuries and the long term implications that they present, you should not let the employers attitude prevent you from making a claim. If you were to succeed, your settlement would take in to account the long term implications of your injuries and also cover possible future loss of income and the benefit of such an outcome would far outweigh staying with such a dangerous employer.

      Reply
  241. Gemma

    I had an accident at work 6 months ago and didn’t know at the time I would need an operation and leading to loss of earnings. Is it too late to claim?

    Reply
    • Ian Morris

      A period of 6 months between an accident at work and making a claim is nowhere near to being too late. It is not uncommon (particularly when the full extent of an injury is not known or appreciated) for a claimant to not make a claim immediately.

      We would be very happy to help you with your claim.

      Reply
  242. Andrew

    Hi I broke my hip at work I have tried to make a claim, but the company has deleted the cctv and also lied by saying the shop floor is cleaned every half an hour. Can you help me please?

    Reply
    • Ian Morris

      Was your previous attempt at making a claim for compensation handled by a specialist personal injury Solicitor? If so, the only way that you would have any prospect of succeeding with a 2nd attempt would be by providing new evidence.

      It is clear from what you say that the employer has been dishonest in their defence of the claim, but for you to prove that is not easy. You would need some evidence such as witness statements from colleagues – who may not be willing to go against the employer – confirming that the floor is not cleaned regularly as they state and perhaps witnesses to your fall. Do you know if the employer was asked to provide evidence to support their claim that they clean the floors every 30 minutes?

      Reply
  243. Stephen

    Hi I injured my tendon in my wrist while working for a company through an agency, I received a course in workplace safety manual handling, however this is a national course anyone can take and not specific to the company. I received no induction day I don’t know where fire exist/assembly points are if they even exist. I was giving no training for the actual job wich just required manualy handling up to 50kg all day. I was never told where the first aiders or accident book was or how to use it. When I got injured it was recorded in the book by my supervisor but not singed by me as I couldn’t use my hand. Further more this is an agency so since I can’t lift with my right hand I have been told I am no longer required. I was giving ppe however when I stated that the boots were a bit loose I was told thats how they are supposed to be (I now know they are supposed to be tightly fitted and the ankle shouldn’t rise 1 inch). I didn’t want to make a claim but I won’t be getting paid for the days I have had off so far and I am no longer required by the company although I am through qn agency and pretty sure they can sack you whenever without a reason required. Please let me know what is available to me what rights I have and how to make claims.

    Reply
    • Ian Morris

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

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

      Reply
  244. Vince

    I have repetitive strain injury from lifting appliances by myself. All the boxes said team lift. I had to take time off to heal but it wasnt enough. They wouldnt hire qualified help and wouldnt give me light duty. To make matters worse I was forced to use pto days when I was trying to recover.

    Reply
    • Ian Morris

      Under UK Health and Safety at Work laws, an employer must not place an employee at undue risk of injury. If your employer was refusing to minimise the risks of injury to you and giving you no option other than to lift heavy items alone, they are in breach of safe working regulations and you would have a strong prospect of succeeding with a claim for compensation against them.

      Reply
  245. Isaac

    Hi, i cut my wrist with glass at work. i didn’t have safety cuffs around my wrist, i have been at home for 10 months had 3 operations. what can i claim and when do i claim?

    Reply
    • Ian Morris

      Under UK law, any personal injury claim must be made within 3 years of the date of the accident. Therefore, if you were injured at work 10 months ago, you have a further 26 months in which you can pursue your claim for accident at work compensation.

      Reply
  246. ela

    I was working in kitchen as a KP when the manager realised we were running low with burger buns, so he sent me to the local shop. However whilst I was on my way to the shop I broke my hand and was taken to hospital. Now I will not be able to work for a minimum of 2 months.

    My company deny that I am entitled to compensation. Could you tell me if they are right or not? Am I entitled to compensation from my work place? I went to the shop during working hours only because the manager asked me to do this, so it was work related. Thank you.

    Reply
    • Ian Morris

      Although you are right in that you were injured during working hours, it is extremely unlikely that any court would hold your employer liable in this matter as they are not responsible for the actual cause of your hand injury. We assume that you have slipped or tripped and fallen whilst on your way to the shop and sustained your injury that way? If so, the only right you would have to seek compensation would be by pursuing a claim against the local authority (if you tripped on a broken pavement) or whichever business you slipped in.

      If you would like to discuss the actual accident and the cause of your injury with us, we will be able to advise you as to whether or not you have a valid claim for compensation.

      Reply
  247. Antony

    I work for a supermarket at nights doing delivery, since working there I have developed a hernia problem, I have had to have a few bit of time of work, my employer paid me the first 3 weeks full pay, but then started to pressure me to come back to work. Even when I went back there was not enough staff so I was still over working.

    My groin went again and this time I only got paid ssp, and when I did come back to work they tried to investigate me for being off which caused me stress thinking I would lose my job.

    Reply
    • Ian Morris

      The employer has a legal right to ensure that any absences are reasonable and they will have an absences policy that they will work against with regards to handling your attendance at work. As such, whilst it was clearly unfair, I don’t think you would have a valid claim against them for stress or anxiety.

      However, you may have a valid claim for the hernia injury and subsequent loss of income. The prospects of making such a claim successfully will rest on the nature of your work and what training and equipment the employer has provided you with to minimise the risk of such injury. We think it would be wise for us to speak with you so that we can find out more about your situation and then advise you as to whether or not your situation would merit a claim against your employer.

      Reply
  248. Kev

    Hi i recently had a slip at work in a tipping bay where there is loose residual and recycling waste which caused me to dislocate my knee in resulting of having time off work with physiotherapy to strengthen my knee again. My work paid my in full for 7 weeks but then decided to put me on ssp for the last week and half of my sick note. I have also lost monthly performance bonus due to being off work. I also still have soreness and no confidence in my knee if it will dislocate again or not.

    Reply
    • Ian Morris

      Dislocation injuries are extremely painful, distressing and can carry long term implications. The knee is a complex joint and injuries to the tissues will be serious in the impact they have on the person involved.

      Dislocation of the knee is a serious issue and it is fair to say that it will never quite be ‘right’ again when the pre accident condition is considered. Therefore your concerns regarding the strength of your knee going forward are totally understandable.

      My initial view of your situation is that you have a valid claim for your knee injury. Whilst your employer has been good in paying you for 7 weeks, that does not prevent you from having the legal right to make a claim for accident at work compensation. Such a claim would ensure that any long term damage would be taken in to account in any settlement.

      Reply
  249. James

    I cut my hand on a piece of metal. It cut through my thumb and tore my tendon. I had to get an operation to repair it, they found it in my wrist and had to stretch it back to my thumb. I had to get physio twice a week for 12 weeks then once a fortnight as I lost all the strength in my hand. My employer paid me my full wage while I was off for 4 weeks. Would I be entitled to make a claim?

    Reply
    • Ian Morris

      It is good that your employer payed you in full – that at least stops you having to cope with a loss of wages after your accident at work and them paying you will not prevent you from being able to pursue a claim for compensation.

      Whether or not you have a valid claim will depend on whether your employer failed in their duty of care to provide you with the correct protection, training and equipment. The best way to find out if you do have a valid claim for accident at work compensation is to call us on 01225430285 and speak with our expert staff.

      Reply
  250. Roberto

    Got hurt at work I asked my HR if they would pay me due to work related injury, he said things don’t work that way here. I’m confused.

    Reply
    • Ian Morris

      Under UK law, an employer does not have to pay your usual salary if you are off work due to illness or injury (even if it was a workplace related injury).

      Reply
  251. Dave

    I was working in a factory where there was no extraction, basically the air was not good and I had 3 chest infections then boarder line pneumonia. I was using a chemical that was not fit for purpose, in water there was 2 mig welders with no extraction, 5 lumsden grinder with loads of tramp oil going in the air. When I was off ill, they had coshh in to do tests. I found out that on the day of testing there was only one grinder working as the employee was off ill – but usually he runs 4 grinders daily!

    I’m still of sick with asthma tests coming up, but the employers have cleaned everything up and stopped using the chemical in the water and there’s no more tramp oil in the grinders. The employer has also put some extraction for the welders. I did take photos of this as I could feel it affecting my chest I also complained with a letter.

    Reply
    • Ian Morris

      Your complaint in writing and your photographs are important as they provide evidence of a possible case of employer negligence and protect your interests should you wish to make a claim for compensation.

      Employers requiring staff members who work with chemicals and dangerous dusts etc have a strict obligation to ensure that all chemicals are used safely and that they are correct for the work and properly stored. They must also ensure adequate ventilation and provision of the correct personal protective equipment.

      It would seem in your case that your employer could have some trouble proving that they have carried out their obligations towards your health and safety and may indeed be guilty of employer negligence in failing to protect you from damage to your respiratory system. If you would like to further investigate your rights with regards to a claim for compensation, we will gladly help.

      Reply
  252. Delowar hossain

    I have been working in a company for about 7 years. Approximately two months ago I was injured at work and suffered a broken my leg. I have been on sick leave for more than two months and I am still not fully fit.

    My company paid me only 15 days of my full salary and 30 days at 50% of my basic salary, but the other days that I have been off work for, they will not pay. Can I get any kind of helpful information? Can I claim accident at work compensation for this?

    Reply
    • Ian Morris

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

      Reply
  253. John

    I had an accident on a scallop beam trawler and part of my job is to tightening swords that scrape the sea bed. We had came into the harbour, landed everything then was sorting the fishing gear before we got away. Me and my work mate was tightening swords when the 4 ton of fishing gear came down and hit and squashed my head and I now have a scar on my head, broken nose, eye socket and awaiting 2 operations. I have been off a couple of months. They are paying me weekly but I want to know if I am eligible for compensation for injuries and loss of earnings and for my operations?

    Reply
    • Ian Morris

      Although you were injured at work, it is hard to advise whether or not you have a valid claim for accident at work compensation because of the location of the accident. As you were injured at sea it could be that maritime law supersedes UK law and that could make pursuit of compensation harder. However, we would like to further investigate this for you and work to find out whether or not you can pursue a claim.

      Reply
  254. Vickie

    On all 7 of the employer responsibilities check list, my husband was never informed on any. The accident was not even reported in a book.
    My husband fell over a child’s toy placed in a walk way whilst unloading a vehicle and broke his wrist.
    It took the boss over an hour to get him to hospital.
    My husband never reported as did continue to work however should of been on minimal tasks but did further damage to the wrist and it will never be the same.
    We are not after claiming for loss of wages but i want to claim for his injury as his wrist will never be the same.
    Since the accident nothing changed and with the dark weather vehicles being unloaded without adequate lighting again putting staff at risk and the boss laughs it off.
    Pls advise.

    Reply
    • Ian Morris

      If you feel that your Husband’s wrist injury was caused or contributed to by employer negligence he may well have a valid claim for compensation for the injury he has sustained (which would automatically include recovery of lost income or incurred costs should it succeed).

      For us to be able to advise your Husband, we need to know more about his job and what training he had received and what he was doing at the time of the accident. We have an article on wrist injury claims which will provide you with further info.

      Reply
  255. Gary

    Can I ask my company for their finding of my accident and the witness reports as well?

    Reply
    • Ian Morris

      You can ask the employer for a copy of the accident and witness reports, but you may find that they will not provide them. They are not obliged to release them to you. However, if you pursue a claim for compensation it will be possible for your Solicitor to obtain release of the accident and witness reports.

      Reply
  256. Donald

    I was injured at work and took a claim out against them as felt they were negligent, then ended up getting made redundant. Can they keep my redundancy money back from me cause I made a claim against them?

    Reply
    • Ian Morris

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

      Reply
  257. corinne

    I work as a certified nursing assistant (cna) and when I got pregnant I told them my doctor advised me to not be lifting more than 22 pounds. I was then told by both my supervisors that they’ve had pregnant women work full duty up till the day they deliver, and that I will have to continue to do my regular duties until I had a doctor’s note. By the time I finally got the note I was about 15 weeks pregnant. Well the day I turned 19 weeks I started having lots of bleeding due to placenta abruption which can happen from lifting heavy weight. I’m wondering if this would be a workers comp claim considering the only time I lifted heavy weight was when I was working – lifting, pulling and pushing super heavy residents. We were also understaffed almost everyday so I was also putting a lot of stress on myself and my body working there pregnant and lifting weight I shouldn’t have been lifting in the first place. I really think the start of all these problems with my pregnancy started with my work. Does it sound like I have a case?

    Reply
    • Ian Morris

      UK law would require your employer to ensure that you are properly trained in how to lift safely (manual handling training) and that your physical health is taken in to account when work tasks are provided. If your employer has failed to train you and placed you at risk of injury, you may well have a right to make a claim for compensation.

      Reply
  258. Mel

    My employers have followed all the procedures correctly, however I have had injury caused twice by someone they employ and he is still working there and I’m losing wages due to injuries.

    Reply
    • Ian Morris

      To recover wages lost as a result of absence after a workplace accident, the only option for most people is to pursue a claim for accident at work compensation. UK law does not oblige employers to pay employee salaries to those off work – even if they are off work through injury sustained at work, indeed, the only obligation is to provide Statutory Sick Pay (SSP) which is just under £90 weekly. If you were injured through someone else’s negligence, then you have a good prospect of succeeding with a claim and could recover lost income as well as compensation for your injuries.

      Reply
  259. Phyllis

    We’ve been under staffed for 3 months and I had double shifts and pulled muscle in my back. Been to see hospital and occupational therapist, both agreed injury was caused at work, I now feel they have arranged a meeting to get rid of me after working for them for 19 years.

    Reply
    • Ian Morris

      It is not uncommon for people to feel very vulnerable after a work related injury if their job has a physical element to it. Such claimants regularly share their fears of getting dismissed from work if they are forced to take time off to recover.

      However, employers are subject to strict rules regarding employee rights and must follow due process. Remember, UK law affords any person injured in an accident at work that was caused, or failed to be prevented as a result of employer negligence, the legal right to claim compensation and loss of income against the negligent employer. The employer has no legal right to dismiss an employee for making a legitimate claim.

      Reply
  260. Ged

    I’ve almost severed my finger and had it sewn back on and there may be long term damage. My employer is pressuring me not to claim telling me that everyone will lose their job and the factory will close down, what shall i do?

    Reply
    • Ian Morris

      Your employer should not be placing any pressure on you not to make a claim for compensation. Regardless of their concerns, you have a permanent injury that will affect your dexterity and ability to perform many tasks – this could affect you for the rest of your life and possibly limit your earning capability. Severe finger lacerations are serious and you need to consider the impact on your long term future ahead of any other matter. Your claim would be made against your employers insurance and should not cause the business to close or jobs to be lost. It is important to note that compensation claims for severe injuries to the finger can lead to high value compensation settlements. This is because of the importance of the fingers when it comes to grip strength, dexterity, close control skills and fine movements.

      Remember, you only have a limited time in which you can pursue a claim for compensation and whilst you may feel sympathy for your employer, your own rights and needs must come first.

      I would very much like to speak with you about your accident in order to be able to advise you as to whether or not the cause of your injury is something that would enable you to make a claim against the employer. It is important that you know where you stand legally before you consider the employer. If they have been negligent with regards to health and safety and caused this injury to you, you really should pursue your legal right and make a claim for compensation.

      Reply
  261. Lee

    In March 2017 I injured my back at work. We were getting a heavy roll of carpet in through a living room window as it was too big to bring through the front door. As the company I work for doesn’t have the necessary straps for the manual handling of such rolls we did the best we could. The roll slipped and I took the full weight, side on and ruptured my L5/S1 disc. I immediately called my employer and let him know. After an MRI scan and several consultations I received treatment (nerve block and epidural injection) for my prolapsed disc. I went back to work and fast forward to August this year, the disc above did the same. Back to the Gp’s, another MRI and I’m taking Tramadol and Gabapentin painkillers and still in a lot of pain all the time, I’ve told my employer that I can no longer lay flooring as the constant heavy lifting and bending over will cause further injury but am happy to work off the tools as a manager/foreman. He says he can’t find me another role other than fitting and continually asks if I’ll go out fitting. He’s said he’ll have to let me go but hasn’t indicated when that’ll be and also said he’ll cut my wages until I do go. There is no HR department other than him. I’ve worked for him for 17 years and I’m being told to wait at home and he’ll be in touch and I’ve waited over a week recently for a call. I’m being frozen out. I’m still waiting for my P60 from April and haven’t had a payslip in 2 years. There is no accident book or H&S literature in the office. It seems to me he’s breaking law after law here but I’m no expert. After a consultant appointment today I told my employer that the injury would not get better but only worse and that I would have to manage my back for the rest of my life. My employer immediately asked if I would fit an entrance mat as if he hadn’t heard what I’d just told him. I’m extremely worried and don’t know what to do or who to turn to.

    Reply
    • Ian Morris

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

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

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

      Reply
  262. Demetra

    I have been employed by ups for approximately 5 to 6 weeks. I experienced a slip and fall where my ankle and boot was caught between the truck and the dock and I fell and twisted and sprained my ankle and ligament and hurt my right shoulder, upper shoulder and back. I’m trying to find out if I have a workers compensation claim. I am a part-time employee there, seasonal worker.

    Reply
    • Ian Morris

      Under UK law, you may have a valid claim in this matter. If someone else was responsible for failing to properly park the truck and left the gap, your prospects would be good. If however, it was you that parked the vehicle badly, you may have less of a chance of succeeding. Given that you are a seasonal worker, there is a possibility that you did not receive the correct training and if so, you may have a claim.

      Reply
  263. Helen

    I have been a contract cleaner for eleven years and have suffered several repetitive strain injuries in the past and have told my employer this. Due to the nature of the job we were expected to carry around heavy buckets with water in them, carry Hoovers up and down stairs and carry around heavy rubbish bags. On several occasion I asked for equipment to help make the job easier but was laughed at. This happened with my previous employer as I have been TUPED over in the last few months. Unfortunately I have now got a muscular shoulder injury and some time away from work without any sick pay, and cannot see me returning to the job in the foreseeable future. I have already told my new employer that the work load is getting too heavy and feel that I am being blamed for my injury. Can you help me as I feel very upset by the lack of help from my new employer. They are a contract cleaning company.

    Reply
    • Ian Morris

      To be able to help you, we need to know why the employer is liable for your injuries? What training have you had? What equipment does your employer provide to you to minimise the risk of injury? Our article on repetitive strain injury claims may also be of help to you.

      Reply
      • Helen

        My previous employer and managers didn’t listen when l complained that the work load was getting too heavy and that injuries were occurring due to this. I was told its a physical job what do you expect. I found this to be ignorant of the health and safety to myself and one other employee.
        No training was given what so ever both manual handling and chemical training in all the time l and one other employee was employed.
        No equipment was provided that would elevate making the job easier even though l asked.
        The company that my recent employer is contracted to l feel are at fault as l have complained on several occasions about the amount of weight l have to deal with when dealing with their rubbish which contributed to my recent injury.

        Reply
        • Ian Morris

          Were any of your complaints or concerns regarding the health and safety issues made in writing? (email/text etc?)

          Reply
  264. Catherine

    I writing to see if you can help with our enquiry. My husband has worked for a company now for around five and a half years, in the year 2016 my husband ended up having to go off work on sick leave (full company pay) had MRI scans to show he had a slipped disc and a rotary cuff, snapped tendons. My Husbands got full private medical insurance so this covered his operations, physio and consultant costs. After six months off my Husband was forced back in to work with no phase return and was made to use holidays for future operations, he had no meetings to ask how he was doing for him to fill out his own personnel records. His role remained the same working in a Warehouse which has a freezer section and ambient section, the role in the freezer mainly lifting heavy items and climbing ladders to fix jams. My Husbands role is a Manager, so he had to fix it or the work wouldn’t carry on and the business would loose money. Around the September of 2017 he was still having issues with the cold going into his shoulder which was causing him pain and the company he worked for finally listened after letters from his consultants that he needed to be out of the cold and moved into the warm side.

    At the start of the year over the weekend shifts his Managers had been pushing for him to work in the freezer side, so one to two days a week. In June of this year he started to get pain in his slipped disc, he told his Managers and they still carried on putting him in the cold ie with no freezer coat other than a fleece. Around the 11th of June this year my Husband couldn’t move and I took him to see a doctor who then referred him to the top spinal surgeon in the UK and Europe.

    The consultant ordered MRI to discover he had a swollen disc and a cracked disc, the consultant put him on sick and he has been on sick for the last six months as these type of injuries aren’t fixed overnight. He had two operations to his spine but he will always have this issue. He was very close to being in a wheelchair with these injuries as they are the lowest discs in the back. Now he has gone to work this morning to discuss his return to work and they basically accused him of manipulating the sick policy and his consultant and he is on the verge of losing his job because he’s been on sick leave on and off for six month periods at a time. We are very worried, as if they had looked after him in the correct way this wouldn’t have happened.

    Now he works nights so sleeps most of the day and works most of the night, he doesn’t go to the gym or do anything with heavy lifting other than work. The reason I’m writing is to see where he would stand on a claim regarding his injuries. We have all the consultant letters and you can get all the documents from work regarding how bad he’s has been treated.

    He now has to live with this injury for the rest of his life and he most probably lose his job down to his injuries and sick leave.

    I look forward to receiving your reply, I hope you can help and advise.

    Reply
    • Ian Morris

      Your Husband does have a potential claim against his employer – for any injuries that were caused by his work and as a result of employer negligence within the last 3 years. To this end, it would be sensible for us to speak further with your Husband and review the supporting evidence that you mention in order that we can have a specialist Solicitor consider whether or not a claim for compensation can proceed.

      Please email a description of the nature of your Husband’s work, what training he has received and why he believes that his employer has been negligent, along with the consultants letter to us at: justice@direct2compensation.co.uk and we will gladly investigate.

      Reply
  265. Carla

    I was recently diagnosed with tendonitis in both arms and placed on modified work which didn’t happen. Then my doctor pulled me from work for a month hoping rest would help, but it did not. So I am back to work on modified hours and work as my arms are extremely painful. I originally did not claim wsib. Since being back my boss is making me feel uncomfortable – a lack of communication with him. What do I do?

    Reply
    • Ian Morris

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

      Reply
  266. Kathleen

    Hi I closed a work door on my finger and squashed it was also fractured I had to leave work two hours early to go to the hospital my work didn’t pay me for the 2 hours I missed of work if it’s an accident at work should they not pay me?

    Reply
    • Ian Morris

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

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

      Reply
  267. Susan

    I had a minor accident at work, but had to visit A and E after about a week to remove matter from my hand and have stiches to repair. Do I have to use Holiday entitlement in this case?

    Reply
    • Ian Morris

      For most UK workers that have to take time off work as a result of illness or injury (even if the injury was caused by an accident at work), they will not receive their usual pay. Most employers do not provide sickness pay and unless it is written in to your contract as a benefit available to you, the best you can hope to receive if off work is statutory sickness pay (SSP) or to be allowed to use accrued paid holiday entitlement during your absence.

      After an accident at work, if you lose income or are forced to use accrued holiday entitlement during medical treatment or recovery periods your only way to seek recovery of that is to pursue a claim for compensation against the employer. In your case, if the injury to your hand happened because of employer/colleague negligence or equipment malfunction you could pursue a claim against the employer.

      However, you mention that you are not seeking compensation so unless the employer will pay you for the hours missed during your Hospital appointment you will have no option other than to use your accrued annual leave entitlement.

      Reply
  268. Sam

    I work in retail and part of this is moving cages of stock off a truck. One of the cages was too heavy and buckled the wheels under the weight of the stock, trapping my finger between it and another cage, ripping out my nail in the process. I wasn’t given formal training or spoken to about/provided any safety equipment, such as gloves. I’m only seventeen and don’t get paid very much, but I had to miss out on 8 hours worth of wage when I’m only working 12 hours this week. From talking with my boss he is unsure if it will even be compensated through company health insurance as I didn’t have to stay overnight in hospital. Is there a claim here?

    Reply
    • Ian Morris

      My initial view is that you do have a valid claim against the employer’s insurance cover in this matter. If the cages of stock were over-loaded or dangerously heavy, then the employer is likely to be liable when you sustain injury as a result. Further, the employer has failed to provide training or safety gloves for your use and as such, I believe you have good prospects of succeeding with a claim.

      We would be very happy to help you pursue a claim for compensation here. The loss of a finger nail is painful, unpleasant to look at and will affect the use of the finger for a while. As such, there are no problems with regards to the value of the claim either.

      It is worth pointing out that as you are 17 years of age, you will require a parent of legal guardian to sign the Solicitors paperwork – unless you will turn 18 very soon?

      Reply
  269. DAVID

    I work for the railway, 31.5 years. We have our own lockers for uniform and kit bags. The kit bags are fairly heavy which is why they are now trolley bags. In an unprecedented move a few weeks ago they moved our lockers away from the booking on point and messroom to a building further down the platform and via lift to second floor. On the 14th November these lifts didnt work , 2nd floor means 4 flights of stairs , easy going up but coming down with my trolley bag i stumbled and missed 2 steps , bashed my left knee on stair rim. My knees, especially the other one , right one has severe arthiritis and i wear a knee straightener brace so i was perhaps trying to over compensate the weight coming down the stairs . I reported the incident , continued working and i havent missed a day. My knee developed a lump , which has dissapeared but when i even touch the area where it hit , it is extremely painful. I can walk , bend it , but 10 days on , i cant touch it, well i can but its very painful. I assumed it would have dissipated by now and was hoping to avoid x-rays or hospital , I filled in the 2 page accident at work form and the line manager understands the bag weight and did say perhaps there was some unneccesary paperwork in there . It was just his opinion , everyones kit bag generally weighs the same . The railway scheme for any illness or injury are farly generous as in 6 months full-pay . I am not contemplating taking anytime off, but this pain, which is extremely sharp to the touch, doesnt appear to want to dissapear.

    Reply
    • Ian Morris

      Clearly, you should attend a Doctor and seek referral for an x-ray to inspect the damage caused to your knee. It is good to read that you have completed an accident report form.

      At this stage it is hard to advise on the prospects or otherwise any claim for compensation you may choose to pursue would represent, but I can see that there is an argument to be made here as to the lifting and carrying of a heavy kit bag (that is a requirement of the job) down so many flights of stairs if a lift was broken. Therefore, we would be happy to take some further details and present your enquiry to our specialist Solicitors for a detailed consideration for you. If you would like us to do that, please let me know.

      Reply
  270. John

    Repetitive strain injury, clear evident process that will prove such injury. Not shown how to lift. Minimal staff to complete task. Issues raised. However, corrupt work place, known to lie. How do I approach?

    Reply
    • Ian Morris

      When any issues are raised with an employer, it is always sensible to ensure that they are reported in writing and that a copy of any such report is retained by the complainant. Such written records make it far harder for a dishonest defendant to deny any such reports were made.

      Reply
  271. Karen

    I work at a busy restaurant, a steakhouse with peanuts on the floor front of house and food/ clutter on the floor back of house. I was taking a stack of dishes to the designated dishwashing area, with non slip shoes i slipped on food and water by the drain and had a concussion. I woke up convulsing and throwing up in the back of the restaurant with the owner and another server who is also an certified emt. I had to ask the owner to file an incident report, he only let me fill out half before he told me to get up and fill the rest out himself. I was not given a copy. I went to the er 3 times in under four weeks and was diagnosed post concussive syndrome. Doctors excused me 9 days but I haven’t worked in 3 weeks because I am still in pain. Should I quit? I’m still on anti nausea medication and pain meds.

    Reply
    • Ian Morris

      UK law wouldn’t require you to quit your work simply through ill health after just 3 weeks off work. You should return to your Doctor and request that you are signed off appropriately in order that you can recover.

      The cause of your accident would give risk to a claim for slipping accident compensation under UK law too.

      Reply
  272. Sam

    I am an additional learning support teaching assistant. I had my nose broken by one of the pupils. It was an accident. It was not an assault. However, I had to attend A&E that day and my employer docked my pay. My septum has now moved to the left and I can’t breathe through my right nostril. I was told by ENT that I can have an operation to put this right but I’m afraid to do this as they will dock my pay again. I already work 2 jobs I can’t afford to lose pay I’ve no fault of my own.

    Reply
    • Ian Morris

      If the injury was caused by nothing more than an unfortunate accident, there is very little you can do. However, it could be that the employer hasn’t conducted the correct risk assessments or that you were not made aware or trained properly in the risk that the child you were working with would present. If so, you may have grounds to make a claim for compensation.

      Reply
  273. Al

    I have a question about a claim. I am a contractor truck driver. About 4 months ago I had a seizure while driving the truck and wrecked it. I was taken to hospital, but no injuries were found. Am i able to sue the owner of the truck?

    Reply
    • Ian Morris

      UK law would not offer you any such right to pursue a claim against the owner or insurers of the vehicle in which you crashed as the cause of the accident was not due to their negligence, but sadly due to an unfortunate episode of ill health suffered by you.

      Reply
  274. Garry

    I work doing weed-spraying on the public footpaths and roads so do a lot of walking with a 20litre knapsack containing chemical and water. At the end of the day something happened to my foot and was unable to walk or put pressure on it and I was signed off for 5 days, the doctor said I’d strained my plantar fasciitis. I’m only entitled to SSP and that’s not enough to cover my weekly wage so I need to know where I stand?

    Reply
    • Ian Morris

      Does your employer require you to wear specific footwear for the work? If so, have they risk assessed the footwear and ensured that it is fit for purpose?

      If they have not, you maybe able to pursue them for compensation for the injury sustained and the loss of income caused to you.

      Reply
  275. Lynda

    My son had an injury at work. He went in Saturday morning early to finish some work off before Monday. He wasn’t told his key fob didn’t work before a certain time so he thought the door entry system was broken so he climbed into the building elseware fell over 10 ft and broke both ankles, he was on his own and couldn’t move. Someone should have told him he couldn’t get in before a certain time, and someone else should have been there. Can he make a claim for his injuries?

    Reply
    • Ian Morris

      There is a potential claim here and whilst the circumstances are unusual, I think it worthwhile presenting such a claim to our specialist Solicitors for consideration.

      Whilst the employer should have advised all workers as to the hours upon which they can arrive/depart and when the gate system will work on their key fobs, your Son may have to accept a portion of responsibility (contributory negligence) as although he was attempting to access work for good reasons, he should have considered the risks to his own safety by climbing the fence. Accepting a portion of responsibility will not prevent him from being able to claim, but would have an impact on the level of damages/compensation that he may receive.

      Reply
  276. Colin Alty

    Hi, just a quick query. I was injured during an incident at work. I am a custody officer at a court. Short story is, my hand hit a metal gate post during a restraint of a prisoner who didn’t want to get on the vehicle. I have been off since May 2018. This incident could of been prevented, by information being passed that he was refusing and a proper process could have taken place I.e. protective clothing being worn before hand. I am now being pressured into capability dismissal. I am still under investigation at the hospital. I am waiting for further appointment to see orthopaedic consultant and a specialist nurse for pain control. They think I have something called Complex Regional Pain Syndrome. I have been on company Assault on Duty for nearly 6 months which is full pay but after that I go onto ssp even though I haven’t used any of my sick allocation. Just wondered if you had any advice please. Thanks

    Reply
    • Ian Morris

      Given the possible long term implications of your injury and your initial view that the employer failed in their duty of care to ensure that appropriate communication and risk of injury had been passed down the line to you, you should consider speaking with our specialist Solicitors to further investigate whether or not you can pursue a claim for compensation in this matter.

      My initial view is that there is a possible claim here on the grounds of employer negligence.

      Reply
  277. Yvonne

    My daughter has just started working as a ground worker with a tree surgery company on a self-employed basis. She says she is covered by her employer’s insurance whilst working for him. She wants to train as an arborist and is considering asking him if she can work with the team on her days off so that he can give her climbing and chainsaw experience. My question is would she still be covered by his insurance on those days as technically he is giving her free training rather than employing her as she won’t be getting paid? If not, is it possible to get personal accident and liability insurance for her as an individual doing this?

    Reply
    • Ian Morris

      Any person can obtain insurance, of course the problem may be the cost of the insurance. However, your daughter may well be covered by the employers insurance – as long as they are appropriately covered – whilst receiving training or working for the employer. My advice would be for your daughter to seek a written assurance that the insurance does indeed cover her whilst training.

      In the industry you cite, it is common for new employees to receive training in safe chainsaw use and climbing safety. Any training should be provided by someone with the appropriate qualification to provide the training or by attending a specialist training provider for accreditation.

      Reply
  278. Bibi

    Hi had an accident at work a few months ago. I file it in the accident book. Although I complained to my manager and supervisors, they did not wanted to know, I was ignored and called mini moaner, even not even validating my presence when I was telling them my wrist is in terrible pain when lifting or holding the hoover. I was told by my manager that they’re not running a holiday camp. My supervisors ignored my complaints for months saying I have no choice as they are short of staff and other staff has pain but not complaining. One supervisor said she has pain in her wrist and she has no problems with continued working.

    Then the longest serving staff started to ignore me, at times when I walked in the office, they would stop talking and blatantly ignore me. Then the lies of me swearing or using bad language towards them. My supervisors husband who works as a room attendant as our colleague, swears at me and told me all you foreigners go back to my country calling me racists names. I complained to my manager and my supervisor who’s hisband had made the comments against me but was told that I was telling lies. I was also been accused of swearing at others, which is untrue and feel I constantly on my guard. I became so scared I stop using my locker fearing the maintenance man who also accused me of swearing at him. I made a complaint to my head manager but the situation got worse where I feel isolated and afraid to speak to anyone fearing it would be misconstrued. I’m now on medication not anle to sleep fearing the worst of my reputation being ruined. I am now off work with with progressive pain and swelling not able to grip and lift much weight and awaiting a mri scan on my wrist.

    I am no longer a happy person and have a deep fear trusting work place and fear bonding with anyone or faith in work and embraces new outside events. . please help.

    Reply
    • Ian Morris

      You need help on two fronts here. Firstly with the injury to your wrist and a possible claim for compensation against the employer for the injuries you sustained and the impact that it has had on your day-to-day life.

      Secondly, you should approach a specialist employment Solicitor to discuss the actions of the employer with regards to their handling of you and a possible claim against them for breach of employment law.

      We can assist you with regards to the personal injury element of your claim and would be able to refer any employment law query to a specialist firm we have links with. Please use our ‘start a claim’ page to send us some further information and we’ll then call you to help you take this further.

      Reply
  279. Kelly

    While at work filming a sketch for an online show, me and another employee were asked to pull each other out of a paddling pool full of fake snow, by the legs. Because I didn’t want the humiliation of being pulled, I reluctantly agreed to pull my college, a fully grown man, by the legs, not thinking it would result in a pulled/strained ligament in the lower part of my back. I felt pressure immediately, but about 15-20 minutes after I did it, the pain started to come on really bad. When I complained about the pain, I was advised to put it in the accident book by another college, to which the guy who’d asked us to preform the act, logged it. Soon after, I was in tears & advised to call 111 by a team leader to see if I should goto the hospital. It was painful to walk, sit or stand. After speaking to someone on the phone, I was told to see an out of hours doctor that night to assess the damage. The doctor told me I’d pulled/strained the ligament that goes from my spin to my pelvic bone. I asked if I should work the following day & she advised me to take a few days off to recover. I was given codeine, two to be taken every four hours, & told I’d need to see my doctor for physio. She also told me it may take upto six weeks to fully heal, & that I shouldn’t do anything such as exercise or walk the dog in case I further injure myself. The pain is unbearable. I wasn’t able to sleep, & in order to get out of bed, it took much effort. I’m unsure whether I will receive sick pay for my 2-3 days off, & I’m not sure if me agreeing/offering to be the person who did the pulling will allow me any form of compensation. All I know is, this is a huge inconvenience for me, & I’m feeling very depressed about the whole situation. I didn’t sign anything prior to filming, & the guy who asked us to perform the act is a first aider, but he didn’t think things though. I just went along with it as I didn’t want to seem ungrateful for the chance to do some onscreen filming. I’m too nice to say no. I’m finding the smallest task difficult, but people keep telling me I have a case. What would you advise?

    Reply
    • Ian Morris

      I think you do have a valid claim for compensation in this situation. You were at work and seemingly instructed to perform some heavy lifting (pulling your colleague). The weight of your colleague would exceed safe lifting levels and I’d imagine you hadn’t been trained to perform such work?

      Of course, further consideration and information is required before we can be more certain, but I think you should make contact with us next week on 01225430285 or use our ‘start a claim’ option on our website so that we can have a chat and offer you further assistance with a claim.

      Reply
  280. Peter

    I had an accident at work a year ago. I work in warehouse. I was moving by myself heavy machine part from original packaging to standard pallet. i have done this before many times. It is required by my employer. I lifted and twisted when I suddenly felt the pain in my right hip. I finished work and went home. I did not realise that could be something serious. MRI stated fracture. I had a manual training done however in that situation I could not use this. The hoist I could not use because it did not pass the safety test. In my department we do not have a fork lift trucks. Other departments have. I always have to ask for help and it takes some time. I do not have a witness but my work place is covered by 3 CCTV cameras. I was off work for a week. When I came back to work the accident rapport has been done by my manager and light duties work applied. I had to back to work, because I’m the only one who works in my family and we have disabled child. I felt a discomfort while I was walking but I did not report it because I was afraid to loose an income. Since that time I had no meeting with HR or H&S department relating my accident. I believe it was not reported to HSE. This summer I had an hip arthroscopy and piece of bone have been removed from my body. The orthopaedics said that surgery has to be done as quick as possible due to more damages in my hip joint. I’m on SSP from August this year. I had an accident in September 2017 and I know that team leaders have had a risk assessment training in April or May 2018. On the time of the accident the first aid officer and H&S officer were not in the warehouse. First aid officer is in the office and we have visit once a month from H&S department. Also i did not see a have object label on the original pallet.
    Please advise.

    Reply
    • Ian Morris

      My initial view is that you should pursue a claim for compensation against the employer. Although they have provided manual handling, if we can demonstrate that your employer then made it impossible for you to work in accordance with manual handling training – either through the working environment or inadequate/broken machinery, you have a good chance of succeeding with a claim for compensation.

      Reply
  281. Sharonne Horlock

    I fell at work in February 2011 and broke my hip replacement. I work in a school and a student put his foot out. I had to take time off. When I went back to work I was unable to carry on attending physiotherapy. I am now off work again and am having to have a full knee replacement that is likely to be related to the broken hip from 2011. Is it too late to claim?

    Reply
    • Ian Morris

      Unfortunately, you are unable to do anything now. Given that 7 & 1/2 years have passed since your injury, UK Personal Injury Law bars you from taking action as you have exceeded the maximum claim limitation period of 3 years from the date of an accident.

      Reply
  282. Susan

    I was coming out of the school door and fell over a bicycle that was laid right by the doorway. I had to go to the hospital and had to have my wedding ring cut off and now I have to keep a splint on my hand for 2 weeks as I have sprained my wrist.

    All the school told me to do was to put it down in the accident book.

    Reply
    • Ian Morris

      Should you make a claim for compensation as a result of the tripping accident scenario you describe, the defence that the insurers would be likely to mount would be to argue that their insured (the school) could not be held liable as the bike was simply placed there by someone and not parked in a sensible location.

      However, the school could be liable in this matter if they do not have a defined bike parking area or system of ensuring that any hazards – including the ‘dumped’ bike that caused you to fall – that could present danger to visitors and users of the premises. Do you know if bikes being abandoned in dangerous places is something that has happened before or regularly? Do the school actively remind pupils as to where to park their cycles?

      It is certainly worthwhile our having a chat with you regarding this accident to see if we can pursue a claim against the schools insurers for the injuries you sustained and the loss of your wedding ring. It is good to see that the accident details have been recorded within the accident book – this could be useful evidence should a claim proceed.

      Reply
  283. Mercy

    How can i know that my employer has submitted my WCL 2?

    Reply
    • Ian Morris

      You should ask the employer in writing to confirm whether or not that has happened.

      Reply
  284. Brad

    I work in warehouse and approximately 3 months ago I had a injury to my thumb. At the time was packing bags of coffee which fall into a rotating table. While reaching for a bag my thumb was pulled in between the guard and the rotating table. I had to yank my thumb out and since then have had problems using my thumb. I continued to work for the rest of the week continually informing my employer that the pain not going away but only felt worse. Eventually I informed them I couldn’t take any more and went of sick. I have seen doctors a number of times, had an x-ray and an ultrasound. Use of my thumb is limited at this stage and some of the simplest of tasks are a challenge. This is mainly down to the pain associated with trying to use my thumb, more frustrating is the fact that I have not had a pain free day since the incident. Although this is my left thumb and I am right handed, until now I had no realisation as to how often I make use of my weaker hand. I am now awaiting an appointment with MICAS at the end of the month.
    To date my employer has continued to pay me, now I have been called in to attend a long-term absentee meeting. My stress levels have increased as the concern over if the injury will heal, as well as concern over losing my job or even the possibility of reduced wages.

    I would like t what my rights are in a case like this.
    Thank you

    Reply
    • Ian Morris

      Your rights in this matter fall in to two strict categories – personal injury compensation and employment law.

      We specialise in personal injury law and can advise you in full as to whether or not you can make a claim and if so, what you can seek to recover.

      The employment law issue would requires specialist advice – either from a Union or an employment law expert.

      We would like to speak further with you regarding the accident and your work with this employer. We’re particularly interested in what training and guidance the employer has provided re the use of the machinery.

      Our initial view is that you have a valid claim that should be pursued, but it is only by speaking with you on the phone that we can advise you properly.

      Reply
  285. michael

    Had a bad fall at work in JANUARY 2017, Cracked my head open 6″ long and 6 centimetres, almost 2 years ago. Still working on a settlement with lawyer and insurance company. In sales, still work with company and like job.

    1. How long should this take to get a settlement?
    2. Can your boss fire you once you get a claim?

    Reply
    • Ian Morris

      There is no hard and fast answer as to how long it should take to agree a settlement. However, given the length of time that has passed since the accident, agreeing settlement should not take much longer.

      In answer to your 2nd query, you can not be dismissed for pursuing your legal right to make a claim for compensation.

      Reply
  286. Steve

    I work in the security industry with a well known company. I am contracted to work in a hospital and have been doing so for five years. Recently one of my colleagues was injured while restraining a drunk person (which we all do regualarly), he took a night off but has not been paid for his shift. We are all concerned now that we are not covered as SSP only covers us after three days and SSP will not cover our losses. Should we get paid our normal rate if injured during our shift doing that which we are trained to do?
    Management has yet to respond to us on this.

    Reply
    • Ian Morris

      Sadly there is no obligation for employers to pay usual salaries whilst employees are off work due to injury or ill health – even if that were caused by an incident or accident at work.

      Reply
  287. constancio

    I want to make a claim. I want to ensure that such a type of accident doesn’t happen in the warehouse again. There was no proper first aid provision (just a kitchen napkin) to deal with the injury I had sustained. Can I make a claim? Also, if I left to work somewhere else – perhaps with a lighter job, would my claim still be in force?

    Reply
    • Ian Morris

      Before we can advise you as to whether or not you have a valid claim for the injury you sustained in the warehouse, we need to know what happened and how you were injured. If it can be shown that the injury was caused by employer negligence – such as a lack of training, faulty equipment or the negligent actions of a fellow worker etc. To this end, we need to speak with you to find out whether or not we can help you make a claim.

      On the 2nd point you raise, if you leave your current employer you can continue to pursue a claim against the company where you were injured. Leaving the company will not stop or prevent your right to make a claim.

      In the UK, any person injured at work has a right to make a claim against their employer should they be injured in an accident at work. The law affords a period of 3 years from the date of an injury in which you can pursue a claim.

      Reply
  288. Lee Houghton

    Hi, i’ve been given some advice recently and not sure were I stand. I was involved in a very bad RTA driving a wagon 14 years ago that wasn’t my fault. The police & ministry of transport were involved and said no blame was on me. The insurance paid out for the damage to 10 cars & 100ft of fencing, the wagon and rescue crews to the total of £250,000. I had a solicitor that failed me after 3 years waiting he said he’d ran out of time. I had major head injuries, back injuries, broken sternum, rushed by ambulance to Whiston A&E in Liverpool. I nearly died, had 3 months off work.

    I have just been informed that Watson Solicitors were negligent in my claim.

    Reply
    • Ian Morris

      As you will appreciate, our speciality is in Personal Injury and as such, we can only really advise on that issue. However, in your situation you may have a right to make a claim against the Solicitors who have allegedly acted negligently in the handling of your claim. It would be interesting to know who has advised you that the former Solicitors were negligent?

      If a Solicitor is found to have been negligent and in doing so caused a claim to fail or for their clients best interests to not be served, the failed client can pursue a claim against the firm for negligence and in theory, recover the damages you may otherwise have obtained if you had been correctly represented in the first place.

      Reply
  289. Colette

    My employer has asked me to sign a declaration to not divulge information about them paying me 24 hours contracted hours plus 1 sleep in they say I will have to pay all money back should I sign it.

    Reply
    • Ian Morris

      NDA’s or Non-Disclosure Agreements can be applied legally if agreed by both parties. In cases of employment dispute, it is not uncommon for a settlement made to include an agreement of non-disclosure. If a party were to breach any term of any agreement they would be liable for the damages caused to the other party and could therefore have to re-pay a settlement.

      Non-Disclosure Agreements however, are not commonly used in personal injury compensation settlement agreements.

      Reply
  290. Ann

    I was injured on 11-3-18 at 8pm when a patient kicked me full force in the knee. I was not relieved until 11pm. I am a nurse. I was then not allowed to leave until all my paperwork was completed. I had a horrible shift (psych hosp) and had a stack of paperwork to complete. Sat up all night in pain, with only motrin to take. It took me until 6:20am to complete all the paperwork. Should I pursue this other than worker’s comp? I do not feel they should have been able to do this legally, but can’t afford to leave without pay as my husband is disabled and now i don’t know when i will be able to work again.

    Reply
    • Ian Morris

      Under UK law an employer is obliged to ensure that all roles are properly risk assessed and that adequate training, qualification, support & staffing levels are provided in order to ensure that the risk of injury is minimised as far as practically possible.

      In your case, it could be that your employer has not provided a required element of their obligations and thus give you the right to pursue a claim for workplace injury compensation.

      Reply
  291. Jun

    My husband had accident at work on Jan.11,2017 and went through WCB and stop paying him since July 8,2018 because I didn’t agree with the decision under vocational disability. What I need to know are the rights that my husband gets from his company aside from his compensation to WCB? Thanks

    Reply
    • Ian Morris

      Under UK law, your Husband would be afforded a legal right to make a claim for compensation against the employer and their employer liability insurance to cover any injuries and loss of income. This would be for any accident that happened whilst at work in the UK. If that is the case, your Husband should contact us to discuss making a claim for compensation.

      Reply
  292. Betty

    I work in a factory with heavy machinery, whilst using a piece of machinery my hand got caught and I ended up with a fractured wrist I logged this in the accident book and the machine was found to be at fault and fixed within 24 hours…..do I have grounds for a claim?

    Reply
    • Ian Morris

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

      Reply
  293. Daryl

    I was working with a two part epoxy as part of my job for 4 weeks no problem then my face exploded to the size of a pumpkin I was given a cream that exacerbated the problem but doctor said to continue use so I put cream on face not hands the face got better hands still infected it’s been 3 weeks, apparently this substance builds hyper-sensitivity in certain individuals more exposure doesn’t bring immunity so I won’t be able to return to work I’ve received no pay for 2 weeks. What are my options?

    Reply
    • Ian Morris

      If the employer failed to provide you with the appropriate personal protective equipment and has not operated within the COSHH guidelines, they will be in breach of UK law and you could pursue a claim against them for the injuries sustained as well as any loss of income incurred.

      Have you spoken with a specialist Solicitor yet? If not, why not use our ‘start a claim’ page to submit some information to us and we’ll make sure that somebody calls you to discuss your options and legal rights in more detail.

      Reply
  294. Mandy

    I got assaulted at work due to someone I look after trapping my arm in a door on purpose , this resulted in 14 days off work and not being able to drive for 10 days . It caused nerve and tissue damage to my arm that will take a while to heal completely . It is in my contract that I will get full sick pay due to any injury received at work but this has not been the case. Do I have a claim?

    Reply
    • Ian Morris

      We would recommend that you use our website ‘start a claim’ page to submit your contact details to us with a brief description of the incident and we’ll then call you for a more detailed discussion so that we can advise you further about any possible claim.

      Reply
  295. Ben

    I have had a accident due to faulty equipment, that was unreported, am I entitled to make a claim?

    Reply
    • Ian Morris

      When you say unreported, do you mean that the details of the accident has not been recorded in an accident report or incident reporting system? If so, you should put a report in to whoever was responsible for the faulty equipment and do so in writing. You are certainly able to pursue a claim for compensation if you are injured as a result of negligence and it is likely that you would succeed with such a claim in this matter.

      Reply
  296. Claire

    I tripped over some loose vinyl flooring at work which my mangers reported but their bosses would not approve the job after being logged for 3 months as there wasnt enough budget. Upon falling i dislocated my knee cap requiring me to get checked at my local walk in centre and one week off of work. There is a witness to this incident but would i have a case for a claim as this knee cap has dislocated previously after slips and trips?

    Reply
    • Ian Morris

      You definitely have every right to make a claim against your employer in this matter. Whilst you have previously damaged this knee, it is clear that this accident would make a valid claim for compensation.

      We would very much like to pursue your claim and I would like to hear from you.

      Reply
  297. CAROLINE

    Can my employer who I am making a claim against for injury stop me from attending court to give evidence?

    Reply
    • Ian Morris

      If you are required to attend a hearing, no employer can refuse you the right to attend. It may be that they request that you use unpaid leave or your annual leave allowance to attend, but they cannot prevent you from seeking justice.

      Reply
  298. Lou

    My friend is claiming and is with an agency but was told he was going to get a contract. But prior to that he had an accident and ended up in A+E for well over 6 hours. As he was unsure on how long he was going to be at that facility he decided to claim as many co-employees had suggested. Now he is feeling a lot of pressure from one manager in particular. He has not only said it would be in his best interest that the claim didn’t go forward but has given him one night to write a statement for the company’s insurance. He is at a loss.

    Reply
    • Ian Morris

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

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

      Reply
  299. Tebogo

    What are the rights to claim for an injury that occurred while the woman is pregnant?

    Reply
    • Ian Morris

      The right to claim compensation apply under UK law whenever injury is caused by negligence or a failure to fulfil statutory duties. Therefore, in this case whether or not there is a valid claim will depend on the nature of the injury that has been sustained and how the injury was caused.

      Reply
  300. Jemma

    I was at work. And a work colleague cut my arm with a non retractable Stanley knife. He was supposed to be using a safety knife. I had to go to a&e and have 10 stitches in my forearm. Can I claim compensation from my colleague personally without involving my company?

    Reply
    • Ian Morris

      Claiming directly against your colleague is likely to be almost impossible to do. It is unlikely that they have the financial wherewithall to face a claim and proving that they were personally negligent in this matter may be difficult too.

      We have pursued claims for workers injured in the same way when an employer has failed to ensure that the correct safety knives are used and you could consider doing the same.

      Reply
  301. Christopher

    I had a seizure at work after informing my manager I was left unattended without seeing a first aider or any other management staff for 45 minutes. Does this count as gross negligence?

    Reply
    • Ian Morris

      It is certainly foolish and not good practice as it would have been wise to immediately call medical professionals to attend you.

      Reply
  302. Kayleigh

    I had an accident at work. The cleaner and myself collided in a warehouse of the supermarket I work in. It resulted in my foot and ankle getting jammed between a pallet truck and the wall. A month later after working through the pain (we are not allowed sick days) I went to doctors and they put me on sick for week. I did not get payed not even ssp. 1 year later and they are still punishing me for my accident.
    Do I have a claim?
    I am in ongoing physio for my foot. As I didn’t get to go to to doctors straight away they are not 100% sure what I did to it but they have said I tore my ligaments.

    Reply
    • Ian Morris

      Was an accident book entry made regarding the incident? We would like to speak to you further about this – could you call us on 01225430285?

      Reply
  303. john

    I smashed half my front tooth out an fractured others at work when a lump of metal fell around 9ft in to my mouth. The Dentist’s bills are mounting up and i’m feeling like I am never going to get my nice set of teeth back. Can you help?

    Reply
    • Ian Morris

      It certainly sounds like you have a valid claim to pursue against your employer. The piece of metal that fell on to you was clearly something that ought not to have happened.

      If successful with a claim, you would be able to recover compensation for the pain, discomfort and distress caused by the accident and injuries and also recover all of your medical costs, loss of income and other costs.

      Reply
  304. Sue

    Injured at work, (deliberately, i feel) by a co-worker who is a Consultant Neurologist and obviously he is denying it.

    I am now waiting for an operation and have been off work 11 weeks so far and have no idea when my surgery date will be. I am also worried as I do get 6 months full sick pay and that time is running out and I cannot afford to go half pay. Work have investigated the incident but they are saying he did not mean it as he did say a limp sorry to me while my head exploded with the pain he caused. I have a meeting coming up with him and my boss soon which I feel I’m not going to get any satisfactory answers as the questions I wanted to ask him such as why did he do it, my boss says I cant ask!!!

    Reply
    • Ian Morris

      Do you have any evidence to support your view that you were injured on purpose? If so, you need to go to the Police to report this as an assault matter and you could then seek to make a claim under the Criminal Injuries Compensation Authority scheme.

      Reply
  305. Mercy

    I’m 18 week’s pregnant, a quality controller intern with a one year contract with my employer. On the 10th of August my fellow employee pulled me from the back and I fell hard on my buttocks. Since then I have been in and out of the GP surgery. Bed rest was suggested as the only treatment I can get as I have this unbearable back pain that prevents me from sitting down or walking long distances. Recently the GP said I must see an Orthopedic Surgeon but at the Hospital they said I can only be seen by the Physiotherapy team because it was impossible to do an x-ray on me due to my pregnancy. My employer wants me to quit my job because I haven’t been able to work since the accident and I was told my sick leave days are finished so they can’t continue to pay me. Since I was told they are going to investigate this matter but they have been quiet about it. My contract is supposed to end 31 May 2019.

    Reply
    • Ian Morris

      From what you say, our view is that you need to seek the advice of an employment law specialist to ensure that you are not mistreated by the employer.

      Unfortunately, we don’t think that you can pursue a claim for personal injury compensation as your employer appears to have played no part negligently in this matter.

      Reply
  306. Cetra

    I had an accident at work. The supervisor put it in writing that it was their fault. I actually saw the paperwork. When I requested a copy of the report I only received a partial report. Is there any way that I can get the entire report by my lawyer executing it?

    Reply
    • Ian Morris

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

      Reply
  307. Katy

    I had an accident at work 2 years ago this month, resulted In me being off for 2 weeks as I did not get sick pay from my work as I had only been employed by the company for 9 months.. This ended up with me having an operation and now a lifelong injury. I had to return back to work the first time with crutches and still had to walk about and do work supporting.

    Reply
    • Ian Morris

      What was the cause of your accident? If you could explain what happened, we’ll be able to advise you as to whether or not you can claim compensation and recover the lost income you incurred.

      Reply
  308. Beth

    I was required to perform repetitive tasks at work for over a month. I told my boss about pain I was feeling, but ultimately was still directed to keep working there (for what ended up being several more weeks). I now have seen my doctor and may be injured, and only now have been taken off those tasks.

    Any advice on this? I tried venting my frustrations with my boss (why wasn’t this handled better, more rotation etc), it didn’t go well…

    Reply
    • Ian Morris

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

      Reply
  309. Sue

    I had an accident at work on Thursday – a blow to the head, but this wasn’t put in the accident book as my manager was in a rush to get home. I have been to the Doctor today and was told that I don’t have concussion and was told to take paracetamol.

    I don’t feel well enough to drive to work as I have blurred vision, swelling to my head, face and I am feeling very sick. I can’t turn my head fully to the right as I have pain in my neck and left arm.

    I wasn’t advised that I should be signed off but told to go to A&E if my symptoms get any worse. I have been at my job for 3 weeks now, have had no manual handling training, or safety training. I work at a playgroup where equipment has to be put away each evening into a timber frame with prop up lids that are are only secured by a bit of wood.

    I am concerned that I don’t feel well enough to drive an hour to go to work but don’t get sick pay and cannot afford to be off.

    Do you have any advice on what to do?

    Reply
    • Ian Morris

      If you were hit on the head by the prop up lids on the timber storage frames that you have to store the equipment in, I would be of the view that you have a valid claim for compensation. It would seem to me that the piece of wood that is used to prop the lid up is an insufficient and unsafe way of keeping you safe at work.

      On the matter of your ongoing and worsening symptoms, I would strongly recommend that you attend A&E or return to your GP for further consultations. Concussion is a serious injury and needs to be appropriately treated.

      If you are not fit to work or drive, you should not work or drive. Whilst this will cause you to incur a loss of income, should you go on to have a collision whilst driving because you are impaired by injury you could face serious consequences.

      You should pursue a claim for compensation against your employer – a matter that we can assist you with. If you were to succeed with a claim, we would recover your loss of income as well as compensation for your injuries. You can pursue your claim by using our website to request that we call you at a time that suits you or you can call us on 01225430285.

      Reply
  310. James Johnston

    I did receive a payment that was decent and I needed to take due to the situation I was in at that point, and they were not going to issue interim payments even though I was desperate. As I signed to say OK to that is it all over, or due to the ongoing problems can I still seek compensation?

    Reply
    • Ian Morris

      If you agreed to a full and final settlement, it is just that – full and final. There is no going back for further damages – regardless of your personal situation.

      Reply
  311. Stacey

    I fell over in the street while carrying out work duties and fractured my wrist. Once returned back to the shop my manger did not believe I hurt myself and made me carry on my work duties in the shop. She let me go the hospital two and half hours later. I was off work with a sick note for one week and took two week holiday pay off as I couldn’t work with a cast on. Once I returned to work a week later my daughter fell off her horse and had concussion and two ruptured ear drums. My manager wouldn’t let me leave. The following day I asked to leave early as my daughter couldn’t be left on her own. I was allowed but my manager blanked me all morning. A couple days later I was back at the hospital as the ambulance took us back as my daughter had clear fluid coming from her ears. I tried phoning work at 6am to say I would be late but there was no answer when I did finally get through I was already an hour late but they covered my shift. One week later at the end of my shift I was informed that I was getting one week’s notice to leave my job from having to many sick days. But I broke my wrist doing work duties, but not on work premises, and I’m a single parent so I couldn’t leave my daughter on the day in question. So now I have lost my job.

    Reply
    • Ian Morris

      Your employer has not treated you very kindly in this situation and hasn’t shown you any compassion. However, that alone is not sufficient grounds to pursue any legal action against the employer.

      With regards to your dismissal from work, I cannot say whether or not that process has been handled legally and correctly. However, the employer could be in trouble if they have not followed due process. With that in mind, you should contact an employment law specialist urgently to make enquiries to see if you have any grounds to make a claim against your dismissal.

      We can however, help with the fractured wrist and a possible claim for that injury. Can you respond advising what caused you to suffer your injury? If you tripped on a broken pavement or hazardous surface or slipped on something, we might be able to make a claim on your behalf.

      Reply
  312. Karla Baker

    I had an accident at work where I walked into a bit of machinery, parts were not visable.. The health and safety office had told my boss 20 mins beforehand that the machine needed to be moved as it was a hazard. ..i ended up in A&E having xrays, I have soft tissue and ligament damage lots of swelling and am on crutches. I’m only a casual, so don’t have set shifts, but this happened in a Thursday and I was due to work Friday and Saturday as well. Are they liable to pay me for those days as they’ve only offered me to take them as holiday.
    I haven’t signed any contract with the company, nor was I trained by a person qualified to train me. I had no interview or induction, I just turned up one day and started work.
    Is it worth me making a claim or not?

    Reply
    • Ian Morris

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

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

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

      Reply
  313. Ben

    I’m an engineer and work in a factory with very large ovens. I was called to a strange smell inside the oven, as I opened the door there was a large gas explosion which pushed me 10-15ft across the floor. I sustained soft tissue damage to ribs, bruised lung, bruised hip, multiple cuts to head. I was taken by ambulance and had a CT scan at hospital. I also had concussion and am left with a scar on my face and it mentally affected me. I was off work 2 weeks on full pay, 6 weeks light duties. My question is would it be possible to claim as I know the ovens are regularly maintained and I am a qualified engineer, but no formal training was given on ovens although we regularly work on them.

    Reply
    • Ian Morris

      You certainly can make a claim for compensation in this matter and we would very much like to help you with this.

      Reply
  314. Eddie Feliciano

    Hey I just started working at my job through a temp agency and we unload and wrap big boxes. I was there for a few days. On September 11 I was wrapping a set of refrigerators and I took two steps back and about 15 seconds later I got hit by a forklift that was carrying four refrigerators. He didn’t beep the horn and I told the boss of the building. His only concern was if I could continue my work. I said I will be really slow cause my back was hurting. After work as I got dropped off I got a call from the temp agency asking what had happen. They then told me not to show up for work they wanted to see me in person. I told them my situation and he got on the phone with the boss of the company I was working for. He came back and told me that they said not to come back to work for two weeks and I didn’t receive any type of compensation. What should I do?

    Reply
    • Ian Morris

      In the UK, any forklift operator is required to undertake suitable training and must hold a licence to drive such a machine. There are strict requirements about where a forklift can operate and how there must be audible notifications of the presence of a forklift. As such, you should seek to make a claim for compensation.

      Reply
  315. Gordon

    Was hurt at work helping a plumber do his job, I ended up putting my back out, herniated disc plus trapped nerves and numbness around groin and hip.

    Reply
    • Ian Morris

      You could have a claim for compensation, but we need to know more about your workplace and the circumstances of your injury before we can advise further.

      Reply
  316. Claire

    My husband pulled his back out at work lifting a heavy tabletop, the pull resulted in an infection in his spine, and MRI results have shown he has muscle and nerve damage and sciatica as a result. He has taken 1 day off work at the beginning of the accident. Logged in their accident book and received a light duties sick note from his doctor, which was renewed this week for another month. They haven’t accommodated him much at all; kept him on similar lifting jobs of which he has to take regular breaks from and rest his back, and management are now “watching” my husband and asking other staff members to report on how much work he’s doing. I’m fearful that they are going to sack him, exasperated by the fact that we recently had a child 6 months ago. He has worked there for 18 years. Can they do this to him? They are not exactly sticklers for the law.

    Reply
    • Ian Morris

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

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

      We would very much like to discuss the possibilities of a claim with your Husband and invite him to call us on 01225430285 or use our ‘start a claim’ page so that we can offer advice and find out more about this matter.

      Reply
  317. Mrs worker

    I slipped at work on my trousers (onto my hand fracturing the scaphoid) as they are too big for me which I told my manager about. I reported it to the manager on shift who failed to report it into the accident book and didn’t let me go and get it seen. I was in work for a few hours until my shift finished (still not reported into accident book) and went to a&e. I was given a bag of ice in a plastic glove to put on the swelling at work?.
    Even though it’s not exactly their fault as such. Am i still eligible to claim?

    Reply
    • Ian Morris

      In theory you would have a claim against the employer. If they provide the uniform, it would be required that the uniform wasn’t dangerous to you. As the uniform was too big and caused a slipping/tripping hazard your employer could be liable in this matter. That they refused to record it in the accident book was poor on their part. You should email your employer (General Manager & HR Dept) to make a report of the accident at the earliest opportunity. You should draw attention to the oversized uniform trousers and that your shift manager failed to change them before you fell.

      We would be happy to further investigate a claim for you.

      Reply
  318. Dana Lykins

    I was involved in a work accident in 2010. My front tooth was chipped, and workers comp would only approve a filling to fix it. I had to have it redone twice in the next year, but fortunately or unfortunately, the filling has lasted since, until now. Now it is chipped (very lovely that it is the front tooth!). I called KESA (KY) to ask about getting it fixed and was informed that it was a medical claim only, no time was missed for work (I missed 2 weeks), and that the statute of benefits expired in 2012. This will be expensive to fix, and I feel like it should be covered by Workers Comp. Am I just out of luck? Is there anything that can be done? Thanks!

    Reply
    • Ian Morris

      UK law allows claimants a maximum claim limitation period of 3 years from the date of an injury in which a claim can be made. If more than 3 years has passed, then it is not possible to pursue it any further.

      Reply
  319. Tracy Maxwell

    Hi I had an accident at work in June 2016.
    I had a solicitor put in a claim for employers liability, and their insurers rejected the claim, my solicitor has informed me that they don’t think I would win if i pursue through court. I’m annoyed at the fact that I am now classed as disabled by the DWP, have used all my statutory sick pay, and had to apply for ESA. I have jumped through hoops with them to be turned down and am now appealing their decision, all this is going on whilst I am waiting for a full knee replacement, I have lost out on wages as have been off work waiting for my full knee replacement due to the accident at work, just wondered if there was a way to claim anything from my employers. I am still employed by the company. Thank you.

    Reply
    • Ian Morris

      If you have been represented by a specialist Personal Injury Solicitor through the claims process and your employers insurers have been able to mount a robust and strong defence against the claim, it is unlikely that you would be able to do anything further.

      I assume that your Solicitor has taken the defence to a Barrister and been given an opinion that your claim is unlikely to succeed in front of a judge. As such, you would be likely to get the same opinion from any specialist Solicitor.

      Reply
  320. Jacko

    I have 2 prolapsed discs in my neck. I was doing a hard labor civil construction job not sure exactly when I did the injury though. I started getting pins and needles in my right arm that has slowly increased to being very painful burning sensations down my right arm. I can not work and am on a waiting list to get a discectomy to relieve the pressure on the nerves. At work we were always having to pick up items that were really heavy and were often understaffed for the work we had to do. Do I have a claim?

    Reply
    • Ian Morris

      The employer you were working for would appear to have been negligent towards your health and safety and as such, you have a right to seek compensation for the injuries caused to you. Do you know when your symptoms started? As long as they did within the past 3 years, you have a reasonable prospect of succeeding with a claim for compensation.

      Reply
  321. Sharon

    I work in 2 jobs – each one being part time. I had a accident in 1 of my jobs and hurt my back, as a result of which I was out of work for 5 weeks. The job it happened in, I have been working there for 12 years. This job paid me while I was away from work, but I lost 5 weeks pay from the other job which in total was £937.50. Can I make a claim against the employer and their insurance in which it the accident happened?

    Reply
    • Ian Morris

      You are able to make a claim against your employers insurance for the injury you sustained and any loss of income – including lost income or costs that are not related to your employer. You would succeed with a claim should you be able to demonstrate that your employer was negligent and the injury that affected you could have been avoided.

      Reply
  322. Emily

    I work in a factory. Whilst moving from one job to another I was distracted by a senior member of staff calling an order, I tripped and fell over a pallet. There is no clear walkway from one work station to another and it is always cluttered with boxes etc. I fell and broke my arm. I will be off work for up to 5 weeks . I don’t want to claim but I can’t afford to be without pay for this length of time, and also don’t want another member of staff having a similar accident . Do I have a claim?

    Reply
    • Ian Morris

      Your employer has a responsibility under the Health and Safety at work act to ensure that the workplace is as safe as possible and that hazards that could cause injury are removed. In the scenario you describe, it would appear that there has been employer negligence here and you can seek to make a claim against your employer for the injuries and loss of income you have sustained as a result.

      The point you make about not wanting to make a claim against your employer is a commonly made one. However, the loss of income that you will suffer because of their negligence is a very understandable motivating factor in leaving you no choice but to pursue your legal right to claim compensation.

      Reply
  323. Hiytham Mahmoud

    I am a bus driver and I got hurt during a rest break at work. I saw the Doctor about my injury and he has said that I must not drive for 2 weeks. I have reported this to my employer along with the Doctors instructions that I should lift nothing weighing more than 10lbs. However, the employer has said that they want me to do cleaning work in place of driving. What should I do?

    Reply
    • Ian Morris

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

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

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

      Reply
  324. Jason Dree

    I had an accident at work which was me falling of a ladder and breaking my leg which required surgery with a metal plate and 13 screws. I had a previous accident 2 years ago that also involved me falling off a ladder and badly bruising my leg. I didn’t claim for this and after taking a short break went back to work. I am still recovering from the second accident but have now been informed that if I return to work I will no longer be able to do ladder work and as a result my job title and wage will be reduced.

    I have worked for this company for over 13 years and don’t remember ever having any specific ladder training. Where do I stand if I feel I am more than able to go back to my previous role and salary?

    Reply
    • Ian Morris

      If your employer has failed to provide you with adequate training to work at height they could well be held liable for your injuries as a result of employer negligence. Working at height is a foreseeable danger and as such requires an employer to provide training to ensure that the risk of a fall from height is reduced, and also ensure that the ladder equipment provided is fit for purpose and regularly inspected and maintained.

      In your case, my initial view is that you have a valid claim for compensation against the employer for compensation for the injuries you sustained.

      On the issue of returning to ladder work, your employer cannot prevent you from working at height without adequate reason to do so. Therefore if you are deemed fit to work by your Doctor and able to work at height there is no reason for the employer to withhold your current job role and income from you. We’ve an article on ladder accident claims if you’d like further understanding on things.

      Reply
      • Jason Drew

        Hi Ian, I’ve now been told by the doctor that I can return to work on light duties – with no ladder work or driving at the moment. Can my boss pay me less for returning to work on light duties – and if so does this have a bearing on salary etc when I’m back to full fitness and duties? Many thanks.

        Reply
        • Ian Morris

          Depending on the pay structure of your workplace and your specific agreement with your employer, there could be scope for you to receive a lower wage if you are unable to perform some of the duties you would normally have responsibility for. As an example, if you work in a warehouse and drive a forklift you are likely to receive an additional supplement for being a licensed forklift operative. Therefore, if you could work but not operate the forklift, your employer may temporarily reduce your income to that of a warehouse operative. There should not be an impact on your long term position once you are back to full health.

          If you do receive a lower than usual income due to the injuries you have sustained at work, you could seek to recover the difference or lost income by way of making a claim for personal injury compensation against the employer – if they were negligent (or any other organisation or person if they were responsible) in this matter.

          Reply
  325. Jade

    My partner had had a serious accident at work, the place of work is a leased building and joins to the landlord next door, there is a fire door which they use to move a genie work platform in and out when they lend it to us. She was duty manager at the time and was asked to arrange to move the genie next door as they needed it back, she has never moved it before, when she got to the door the machine is on wheels and it does not fit through so there is a lever you pull to manoeuvre it. She was looking for the lever and pulled towards her what she thought was the correct thing and the machine tipped onto her. She landed on the floor with the machine on top of her resulting in her leg being crushed and a broken ankle, knee and shin and 2 large open wounds. She was hospitalised and operated on and now has a plate and a rod in her leg and is also suffering mentally from the trauma of this.

    Reply
    • Ian Morris

      The accident you describe and the subsequent injuries sustained by your partner indicate to me that there should be further investigation with a view to making a claim for personal injury compensation . The ‘genie’ item you mention clearly poses a risk to health and safety if not moved correctly, and as you or your partner had not been trained in how to move the item it is likely that a claim could succeed. Given the severity of the injuries and permanent implications that surgery to the leg and metal work within the bone structure presents, this claim could have a substantial settlement value if successful.

      Reply
  326. Terence Staples

    Hi, I had my works van repaired then about 5 days later it had a diesel leak and it then caused me to have time off work as I am an asthmatic. This has now caused me to be given an Informal Warning – absence letter – which states I have had 17.5 days over 4 separate occasions which equates to 6.7%, exceeds the trigger point of 7 days (2.68%) in any 12 month rolling period. I had 13 days off cover by a sick note from my doctor for the whole period. Is there any thing I can do about this in law as I think the company is being unfair as it was caused by their van.

    Reply
    • Ian Morris

      You may be able to pursue a claim against the employer for the asthma caused by the diesel link, but it would not be straightforward. Given that the van was repaired and then developed a new leak 5 days later, the employer is likely to be able to argue that they had taken appropriate action to minimise the risks to your health. However, there could be a claim so it might be worth getting our specialist Solicitors to look at this for you.

      On the issue of your sick leave and informal warning, you would need to discuss that aspect with a specialist in employment law.

      Reply
  327. Claire

    Hi around 4 years ago I was on a job in work which was hurting my arm I complained and was left on it but eventually went off sick (all documented in work). After years of tests, physio, scans and X-rays they have now found out that being in that job has lifted my ribs and I will have to have a major op to release my nerve and artery as they are being squashed and stopping my arm working. I never originally claimed as I thought it wasn’t serious and physio would fix it but now it’s major can I still claim?

    Reply
    • Ian Morris

      Claim limitation is a strict requirement and allows a maximum period of 3-years from the date of an accident or injury in which you can seek to make a claim for compensation.

      In your case, as you were injured 4 years ago it could be that you are now statute barred and unable to take action.

      Reply
  328. Mark KNIGHT

    I work on a chemical waste plant as an engineer, two weeks ago a bursting disc failed and I inhaled toxic vapours, I was not seen by a first aider but sent home. Throughout the night I was not well and went to hospital where I spent 7 hours and was signed off work for 2 weeks. One of the managers at work asked me to go back to work on light duties even though I had a sick note, last week I spent 36 hours in hospital as I was still not improving and I have another sick note for two weeks, do I have the right to make a claim?

    Reply
    • Ian Morris

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

      Reply
  329. Laurie Jordan

    I got hurt in the forehead at work. A cut that required stiches. I declined to go to hospital but do have headache and want to go home. Will it be covered?

    Reply
    • Ian Morris

      If you are unable to work, your employer may not pay your usual income to you as they are not obliged to. To recover your lost income you would have to make a claim for compensation against the employer which would succeed if the cause of your laceration can be attributed to employer negligence.

      Reply
  330. Eddie

    I was invited to a works’ conference abroad where we were taken skiing during the day. I broke my leg above my right ankle on the first day within the first two hours! The binding didn’t release when I fell over (this was the first time I’d ever skied). I have had to have 4 operations since on my leg, my hip and my ankle. Do I have any right to claim?

    Reply
    • Ian Morris

      It would be very difficult to hold the employer liable for the injury you sustained in this incident. Whilst they employer may have invited you to a conference, skiing is an inherently dangerous activity that does present the risk of injuries such as a fracture. As such, it could be argued that you didn’t have to do the skiing and that it was just an unfortunate accident.

      You mention that the binding didn’t release when you fell. Whilst ski bindings are designed to release when excess pressure is placed on them in a fall it is not always the case that they do so. To prove that your bindings had been set incorrectly would be extremely difficult.

      Reply
  331. Philip

    I broke my hip while at work while on a bicycle. The company I work for were fine and paid me while I was off. However it looks like my long term prognosis may mean I can’t pursue other jobs, limiting my career choices. The company had a clear health and safety policy. My query is if they would be liable for long term injuries and physical limitations despite this?

    Reply
    • Ian Morris

      Your employer will only be liable for your long term situation and physical limitations if they were liable for the initial cause of the accident. As you were riding a bicycle, you could hold the employer liable if the bicycle belonged to the employer and was not regularly serviced or repaired. Also, did the employer provide any training for safe cycling?

      Reply
  332. Jacob Bates

    Hello, I was hurt on the job. I was pushed over by a pallet of product that was poorly shrink wrapped. It knocked me down between a semi loading dock and the semi trailer. My leg was completely impaled by a piece of metal. I was not treated well by the workman’s comp adjuster. They did pay for my ambulance bill and doctor bills but I never inquired about a personal injury claim. Here over the last year my leg is now starting to cause me cramps, aches and pain. My leg is also still bruised and badly scarred 2 1/2 years later! I am no longer with the company and am wondering if it’s to late to do something about my leg with care and treatment?

    Reply
    • Ian Morris

      UK law allows any person injured whilst working in the UK a claim limitation period of 3-years in which they can take action. In your case, it would appear that you should be able to pursue a claim against your former employer for your injuries and losses.

      Reply
  333. Mahlodi

    Hi I’m working in retail. I fell on the stairs 4 weeks ago and my company took me to Hospital and paid for everything as I had broken two hands. I’m still on sick leave and got paid my usual salary, so my question is do I claim for compensation? I’m confused cause others says they must pay for my injury.

    Reply
    • Ian Morris

      Your employer has acted honourably so far by paying costs and ensuring that your salary is paid. However, UK law would afford you the opportunity to make a claim for compensation against your employer for the injuries that you have sustained.

      If you would like to discuss this further, please call us on 01225430285.

      Reply
  334. AGNES WITHERS

    I HAVE ALREADY WRITTEN TO MY EMPLOYERS INSURANCE GIVING THEM ALL MY MEDICAL INFORMATION REPORTS ECT. BECAUSE THE EMPLOYER HAS CHANGED INSURERS 3 TIMES THIS COMPANY ARE NOW SAYING THEY HAVE NO RECORD OF ANY MEDICAL INFORMATION. WHERE DO I STAND WITH THIS?

    Reply
    • Ian Morris

      Do you have copies of the letters or written submissions that you sent to the insurers? If you have emailed them, can you forward a previously sent email to show the date that you initially contacted them?

      Reply
  335. Chris

    I suffered a shoulder injury at work for which my employer has already admitted liability.

    If I seek compensation and settle will my bosses be informed? I ask as I am worried about being treated differently.

    Reply
    • Ian Morris

      Of course, when an employee who is injured at work goes on to make a claim for work accident compensation, certain people within the business will be aware. However, in most cases it is not the direct colleagues or management team of the individual claimant but the person within the business responsible for Health and Safety or the person who liaises with the employers insurance provider.

      UK law allows the right to any person to make a claim for compensation if they have been injured at work as a result of employer negligence and no employer can then discriminate against a claimant who succeeds with a claim for damages. If they were to discriminate against a claimant employee, they could face separate legal action.

      In your case, I would very much doubt that you would suffer any negative consequences as the employer has admitted liability and accepted that your injuries were their fault. However, we appreciate that making a claim against your employer is something that brings certain concerns given the relationship you have with your employer and the desire to maintain that. At Direct2Compensation we understand that claimants would rather not have had their accident than make a claim, but in your case you certainly have a valid work accident compensation claim and should pursue your legal right to seek a just outcome. Whilst a financial settlement would be part of the outcome, gaining a full medical understanding of your injury as part of the claims process and accessing expert rehabilitation therapies at the cost of the defendant is a less considered but extremely positive benefit of making a claim for compensation.

      We would be happy to pursue your claim further for you and answer any questions you may have. If you would like to get the ball rolling and find out a little more about us and the claims process we use, simply use our start a claim page and we’ll contact you to offer the help and advice you need.

      Reply
  336. Oliver hanks

    I was injured at work about 5 months ago I had a fall at work and hurt my back quite bad, I work for a small business ( 4 people ) and they have not been helpful at all in my recovery process if anything they have made it harder, I got approved to go on light duties 4 weeks ago but I was told they didn’t have any for me. I have now been approved to go back onto full duties on reduced hours for the first 4 weeks to get my work fitness back up but my employer doesn’t want me back. They also filled my position at work about 4 weeks ago I was a full time trainee. Just wondering where I stand? Thanks

    Reply
    • Ian Morris

      Your employer cannot replace you without going through the required statutory process, so if you feel that the employer has treated you unfairly in that regard, you should seek immediate advice from an employment law specialist.

      Regarding light duties, an employer is not obliged to provide light duties if they do not exist. However, if there are light duties available and the employer can provide the same then they should do so.

      Reply
  337. Carol

    I had an accident at work last Nov. I was pulled over by a child hurting my knee I’ve had 1 operation and been off work for 6 weeks so far.

    Reply
    • Ian Morris

      Was your accident caused by employer negligence? If so, you could seek to make a claim against your employer for the injuries you have sustained and any lost income that you have incurred as a result.

      If you would like to find out more about whether or not you have a valid claim for work accident compensation, use our ‘start a claim’ form or call us on 01225430285 so that our expert staff can discuss your accident with you and identify whether or not you can pursue your claim further.

      Reply
  338. Scott

    I am a self employed window fitter and I sub contract through a company. On Monday I was removing a large section of single pained glass from a window on a customers house. Our company as well as many other window installers know that smashing glass out into a dustsheet/tarpaulin is far safer than trying to removing it whole. The customer was adamant that he didn’t want us to do it that way and made me try and remove it whole. This ended up causing the large section of glass to crack and badly cut my hand open. I have been told by Torbay Hospital that I will need an operation at Exeter Hospital with a Plastic Surgery team as I have no feeling in my thumb and cannot move it. They suspect that I have cut my tendon and caused numerous nerve damage. I am unsure of how long i’m going to be off work for. Can I claim?

    Reply
    • Ian Morris

      You have clearly suffered a very nasty laceration at work and the fact that you now face surgery indicates the severity of your injury. Given the impact that this will have on your life for the next couple of months, it would be wise to further investigate as to whether or not you have a valid claim for work accident compensation.

      To succeed with a claim, you would need to be able to demonstrate employer negligence in this incident as it is unlikely that you could hold the customer liable. Although you are a self-employed sub-contractor, the company for whom you were working does still have a responsibility to your health and safety at work. With this in mind, we would be interested to know what personal protective equipment requirements the employer placed on you or provided – such as safety gloves. Also, did the company instruct you to remove the pane of glass whole despite your ‘usual practice’ being to smash it on to a dustsheet?

      The best thing to do at this stage would be to call us on 01225430285 or if you prefer, use our ‘start a claim’ page so that we can call you to discuss this matter in more detail. Our expert staff would be able to ask you the right questions to find out any aspect of negligence that would entitle you to pursuing a claim for compensation.

      Reply
  339. Johanna

    I was at work, we were all very jolly because of the Christmas spirit! We were all being silly and playing around when the HR manager of the company said to me ‘I dare you to get on to the desk and say it’. Being part of the team, I got up onto the chair to climb on to the desk, but the chair wheels made the chair move and caused me to lose balance half way up the table and I fell onto my shoulder, wrist and on to my back. I was in extreme pain. I went to the hospital and they told me my wrist was chipped. For about 3 weeks I still came in to work after the hospital with my broken wrist.

    The first thing my work did was to give me a form telling me to sign that I won’t claim for my injuries cause it was my own fault. After a while I had to stop working as I could not really use my wrist properly.

    Now, I can’t use my hand properly or as I wish to use it and I still have so much pain. Even my shoulder is still very painful. This was in 2016. Tell me if I have a leg to stand on? My employer said to me I would waste my time if I should ever claim as it was my own fault.

    Reply
    • Ian Morris

      Your enquiry is an unusual one and it is hard to say for certain whether or not you have a valid claim for accident at work compensation. However, given the fact that a member of senior management was involved and actively encouraged you to get on to the desk, there is certainly a question to be answered by the employer in this case.

      We would recommend that you contact us so that we can further investigate your claim to see if we can take this further.

      Reply
  340. Sandy Cox

    I hurt my shoulder 3 yrs ago at work, I had an MRI and was diagnosed with slap 2 year to my shoulder. I was told I can either medicate or have an operation on it. I chose to medicate.
    After a while I can off my meds and found I was getting a lot more discomfort in my shoulder.
    A second mri with a contrast dye put in and was found that the tear had got worse. I’m now due to have an operation and have been told I could be off work for up to 7 months, what are my rights and what could I claim for?

    Reply
    • Ian Morris

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

      Reply
  341. Tony Webb

    I injured my shoulder at work. I am not sure how it happened but I all of a sudden felt a lot of pain down from my neck to my left hand and was unable to use my arm without causing me pain. I woke up the next day (Saturday) to find my shoulder severely swollen and I spoke to a member of my management team and told them that I can still come into work that night but I will struggle to do my normal job because of my shoulder and because it involves heavy lifting. I was told to stay at home by my Manager and to rest my shoulder until my next shift which was on Tuesday.

    I got called into a meeting on the following Thursday where we discussed my absence record and I was told that disciplinary action will be taken against me. Before this day off I had had 4 other absences, 2 of which were due to childcare issues, and another when my daughter had been taken into hospital.

    Can I be disciplined even though I was told not to come in due to a work related injury?

    Reply
    • Ian Morris

      If a Manager has told you to stay away from work, it would then seem particularly unfair and inappropriate to discipline you for absence from work. You should certainly raise this issue with your employer by way of a grievance if they do then opt to discipline you.

      Regarding the shoulder injury itself, if you can’t identify one particular incident of trauma, the injury could perhaps be due to a repetitive strain? You may have a valid claim against your employer but we would need to know more about your work, what you do and what training and equipment your employer has provided you with before we could advise further on the merits or otherwise of any claim.

      Reply
  342. laura blasi

    i have been off work for 4 months with tennis elbow. i work daycare. i was suppose go back gradually and doctor note was refused and daycare said when 100% come back put on call. Do they have to give me back my work full time or they allowed to put on call say no hours and future might possible have.

    Reply
    • Ian Morris

      In the UK, employers must not worsen any injuries or place colleagues, customers or others at risk by allowing someone who is unfit (and therefore unsafe) to work. Therefore, if your employer is acting on medical advice stating that you are not fit to work, they do not have to allow you to work.

      Reply
  343. allison leat

    i was hurt during a physical training course and as a result had an operation. an accident form was filled in i love my work but am worried how claiming would affect this?

    Reply
    • Ian Morris

      It is not uncommon for people injured whilst at work to be concerned as to how any claim may affect the employer or their right to work. However, such concerns needn’t be considered as it is a legal right within the UK to seek to make a claim for compensation if you are injured through the negligent actions of a 3rd party (employer, person or contractor etc). As such, simply making a claim against your employers insurance should not have any negative impact on your job or working rights.

      Reply
  344. Paul

    Hi I’m a bus driver. 2 weeks ago I hurt my right arm opening an emergency door on a bus. The door was stiff and I wrenched my arm opening it. I’ve been diagnosed with tennis elbow and advised not to work as I can’t use my right hand properly. Today my manager said that looking at the cctv he believes I didn’t injure my arm at work and as such won’t treat it as an industrial accident hence withholding my pay! He admitted that the doors can be stiff but that the video doesn’t (in his opinion) prove I hurt myself then. He also stated that an engineer said he’d oiled it to free it up but no such action was taken as should be shown on cctv.

    Reply
    • Ian Morris

      The Manager is not qualified to say whether or not you injured your arm at work simply by viewing CCTV of you opening an emergency exit on the bus. If the bus company has not properly maintained the opening mechanisms with appropriate lubrication and servicing, then you may well have a valid claim for accident at work compensation on the grounds of employer negligence. Your employer has already agreed that the mechanisms can be very stiff and as such, the risk of injury is known by the employer. Was an accident book report made on the day of the accident or soon thereafter? If so that will help to prove that your injury was sustained at work.

      Your employers decision to withhold your pay during your enforced absence from work is disappointing for you. In this case, the only way in which you could recover your lost income would be by making a claim for compensation and succeeding with that action. In that case, you would be compensated for your injury and also be able to recover all lost income relevant to this incident.

      Reply
  345. Mrs P

    I received an electric shock at work earlier this year. I had to take myself to hospital as no one knew what to do and I am one of the first aiders. I was checked over by the hospital ECG etc. I had a large blister on my finger where the electricity had conducted when I switched the socket on. For approx 4 days after I suffered severe headaches. My employer did not have cover available so I had to work part shifts from home. In house HSE visited 3wks after and in this meeting I was mocked by one of the managers. At the time of the meeting we were having PAT testing carried out. I asked the PAT tester could this be caused by static electricity and I was advised no and this had been reported since 2014. HSE took a picture of my finger and never produced a report from the faulty socket after two email requests. However I raised a grievance with my employer and was provided a copy of an invoice which states cause as static electricity. The socket was faulty and had been reported by 3 separate staff members along with the PAT tester. Unfortunately due to the office environment there is limited electricity sockets available. I have now been left with a disfigured finger and have nerve damage. I have been referred to a specialist by my GP who has confirmed from the visible nerve damage this has been caused by the shock. Would I be entitled to a claim?

    Reply
    • Ian Morris

      On the basis of your description, my initial view is that you have a claim that should be pursued. In this case, there is a clear argument to be made in your favour in the claim on the basis of employer negligence. Your employer had been put on notice of a fault with a socket by no less than 3 separate people. Therefore, failure to take immediate action to either isolate the socket and remove it from use or place a warning sign on the socket is likely to render them liable for the damage to your finger and health by this electrocution injury.

      Reply
  346. Dee

    My friend was working she stood up to get something then went to sit down again her colleague had moved my friends chair, not deliberately but it caused my friend not realising her chair wasn’t there to fall landing heavily hurting her back and wrist. she went home then was taken to hospital she is in a lot of pain and now needs a scan, is she entitled to any help as now off sick and doesn’t yet know what damage she’s done to her back, this was captured on cctv . She’s very concerned and is just under 50 years of age .

    Reply
    • Ian Morris

      To succeed with a claim for accident at work compensation, the claimant must be able to demonstrate employer negligence. In this case, it is hard to see how the employer could be held liable.

      Reply
  347. Dan

    2 years ago I had an accident at work caused by faulty hydraulic couplings that had been reported by several people, several times, to supervisors and officially through the daily layered accountability meetings (DLA meetings).
    The couplings had got stiff because instead of hydraulic oil going through them, we used water in our application. I had been told several times by supervisors that stainless couplings would not be bought because they were too expensive.
    2 days before my accident the couplings were so bad i told the general manager we really had to replace them and asked if I could buy stainless steel so that they would not rust internally and go stiff again. I was told to but mild steel ones and we would replace when they started to seize up again.
    On the day of my accident I was told to “get this job knocked on the head” from the general manager via my supervisor even though the replacements had not arrived and they knew the amount of force needed for them to attach them together. I was told to “try and lubricate the couplings the best you can.”
    I ended up tearing 2 Bicep Tendons on my left shoulder that needed to be cut and fixed to fixings drilled into my bone. I also suffered a tear in my Labrum on right shoulder that started to give me a lot of pain about 10 weeks later as the joint filled up with fluid and pressed on my main nerve.
    I have had an op on each shoulder over a 2 year period and chronic pain during that time. Hardly had any sleep in that time and still suffer now. I can no longer pick up heavier items as I can feel the pulling on the fixings attached to my bone which gives me pain. I think I will carry this injury for the rest of my life.
    It also aches and is very painful in cold weather. I’m now suffering from depression after all the stress of not being able to do my job properly. My employer is trying to move me into other departments. I feel like I’m being pushed out.

    While I was in the A&E dept of the local Hospital my employer changed the order on the coupling to stainless steel (I have a copy of the invoice).

    My questions are as follows:

    My company has recently been bought out by a bigger firm in the last year, so would it be the new employer’s insurance that has to pay?

    How solid a claim do you think I have? ( I have 2 signed witness statements if that helps.)

    Am I protected against a “sudden redundancy” after they find out I’m starting a claim? As I’m worried that they will find a way to get me out. I have a wife and 2 children and I am worried about losing my job.

    Reply
    • Ian Morris

      With regards to any claim, on face value you have a very strong claim for compensation against your employer on the grounds of employer negligence. They were repeatedly made aware of a risk to health and by ignoring your requests for replacement parts that would enable safe working, there is a clear argument to be made against them that they were in breach of their statutory responsibilities regarding Health and Safety at work.

      As your accident at work happened 2 years ago, you now have 1 year left to make your claim and we would advise that whether you instruct us or someone else, that you start your claim for compensation as soon as possible.

      Whilst you have concerns about your future employment, you cannot be made redundant for simply claiming compensation. Of course, if you are no longer fit to work due to this accident your employer could be within their rights to redeploy you to an alternative role if one is available or even terminate your employment – but only by going through the correct procedures to do so.

      Whilst you are understandably anxious about your future, if you were to claim and succeed (which at this stage would seem a reasonable expectation), our specialist Solicitors would be able to recover compensation for your injuries – the value of which would be reached on the basis of medical evidence – and also recover all lost income – both since your accident during time off, but also the future loss of income going forward if you were forced out of work due to your injuries.

      On the insurance issue, do not worry about that! It is most likely that the policy that was in place at the time of your accident is the policy that would be claimed against.

      Reply
  348. Jane

    My son in law to be has a driving job – he’s been there about a year and over the past three to four months has been in excruciating pain when driving any distance. His knee and calf swell. As a result he is constantly being signed off. Work are being very unhelpful saying no other duties available although advertising other jobs and have made comments such as we cope when you are off so don’t need you. Before this job he had never had knee pain and was a healthy 21 year old. Does he have a claim?

    Reply
    • Ian Morris

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

      Reply
  349. Mike king

    I am a security supervisor at crown court. I injured my knee assisting a police officer restrain a male who was resisting arrest.

    Reply
    • Ian Morris

      We are currently pursuing similar claims for security staff who were injured in assisting Police officers apprehend an aggressive person. As such, it may well be that you also have a valid claim – of course, much will depend on whether your employer has carried out adequate risk assessments and provided you with the right level of support and training. If you would like us to investigate your prospects further, please get in touch.

      Reply
  350. El

    I tripped while working on a boat off the coast of Cyprus and fractured my elbow. I did have the opportunity to return to the uk for 5 days. The fracture was non displaced but caused cartilage degeneration and early onset arthritis in the joint. I’m 23 years old my first job and I’m unsure as to what my rights are to compensation. The company I work for is a uk company that was subcontracted to a French company to undertake sampling of the seafloor. The injury was not reported to the HSE as a riddor for 4 months. Where do I stand?

    Reply
    • Ian Morris

      Given that this accident happened onboard a vessel on the ocean and not within the UK, we are not convinced that you would be able to claim compensation against the UK employer. Added to this is the fact that you were subcontracted to a French company, this is a far from straightforward matter.

      Reply
  351. James

    I am a bricklayer and sustained a repetitive strain injury in my arm. I’ve spent 6 weeks off, I did see a doctor plus had osteopath treatment and have returned to the building site this week to try and carry out light duties.
    My arm is still painful, but I have been told if I make a claim I will not be able to do my job anymore because it comes under occupational health? Is this true?
    How do I stand to making a claim?
    I work for a subcontractor but I’m told the main contractor of the building site is liable. Is this true?

    Reply
    • Ian Morris

      Simply making a claim for compensation – whether successful or otherwise does not prevent you from returning to your chosen line of work or position of employment. If you have recovered from the repetitive strain injury, you would be claiming for the injury caused and any loss of income and then able to return to your normal life and work. If you have not recovered, you would be claiming for the ongoing injury and any associated loss of income going forward.

      If your injury is long term and you have not recovered, it may be that this will prevent you from being able to return to your usual work.

      Reply
  352. Elizabeth

    Hi, my husband had an accident at his work place today, he had to lift a very heavy machine and while doing that something happened to his hand that he couldn’t move it so he had to go to the hospital. He was away for 3 hours. My question is does the employer have the right not to pay him for those 3 hours spent outside of work or he should pay him like he was at work at that time?

    Reply
    • Ian Morris

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

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

      Reply
  353. Sat lal

    I was cut badly on my wrist at work (this lead to me needing plastic surgery), the cut was through a tendon, artery and a nerve. There was glass in a general waste box, which should not have been in there. When I pushed down on the waste, the gloves I was given (which I wasn’t wearing) were general warehouse gloves and not cut proof gloves and I suffered the laceration. The employer does have a glass policy in place that states that all glass is placed in a black plastic bucket and wrapped and put out separately. However, this wasn’t followed.

    Reply
    • Ian Morris

      The cause the nasty laceration to your wrist and the need for surgery would lead me to give an initial view that you have a valid claim for accident at work compensation.

      Regardless of the employers policies and methods for disposing of glass waste, it is foreseeable that there is a risk of laceration for those in the work you were doing and as such, it would seem a reasonable argument here would be the lack of a provision of cut proof gloves.

      Given the severity of your laceration and the requirement for surgery, you could be entitled to a substantial compensation settlement, especially if the damage to your nerve has left you with reduced sensation.

      Reply
  354. elaine french

    I had a heavy door fall off on to me due to the hinges being broken. The door fell on to the top of my foot and I suffered a grade 2 soft tissue injury and was off work for 6 weeks. The injury has also lead to some nerve damage in the foot and I have constant pins and needles in my foot now with intermittent pain.

    I have now returned to work but my foot has become swollen and sore. Would I be disciplined if I was off again for the same issue and am I entitled to make a claim for compensation?

    Reply
    • Ian Morris

      Of course, we need to speak with you to find out a little more but our immediate view is that you have a strong claim for accident at work compensation here for the damage to your foot and the ongoing nerve issue. We would recommend that you contact us immediately so that we can get the ball rolling.

      If you are forced to take further time away from work due to the injury you should not face disciplinary measures. However, before you do take anytime off you should firstly speak to your employer to see if they are able to provide you with light duties (perhaps a seated job) for a while, so that you can continue to work and recover further.

      Reply
  355. Carol

    I had an accident in work and my employer has admitted full liability. I had surgery and to repair nerve and tendon damage. I needed a second operation due to the accident and I’m just about to return to work, my employer is now going down the capability route that I am unable to carry out my duties. Is this legal and would I be covered under the Equality Act 2010 as my employer failed to provide a safe working environment and I no longer have the same mobility in my hand?

    Reply
    • Ian Morris

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

      Reply
  356. Jane

    My husband was issued with new work boots by his employer and his old ones taken from him as a direct swap. He is type 1 diabetic, this is known by his employers. 2 weeks later after working full time in these new boots what he thought was a blister turned out to be an ulcer. This has since become osteomyelitis and we have discovered the toe is broken at the tip and in order to stop the infection he will have to have part of the toe amputated. The boots are safety boots with reinforced toes. Work has replaced these boots with more foot friendly ones but the damage has been done and he is currently off work.

    Reply
    • Ian Morris

      There could be a claim to pursue here, but it is far from straightforward and not guaranteed to proceed to success. It is likely that the boots provided by the employer meet the relevant requirements and as such, it could be very hard to prove causation or employer negligence in this matter.

      However, whilst we are cautious as to the prospects here, we would welcome the chance to further investigate your husband’s claim.

      Reply
  357. Mary

    Hello, this is a question I have for my mother. She works in a factory and her job consists of standing for 8 to 12 hours in front of a machine bending and catching material. She has been with this company for 15 years. She is now experiencing leg pain due to her varicose veins and venous insufficiency on her legs. Can she file workers compensation?

    Thank you.

    Reply
    • Ian Morris

      Under UK law, employers have a responsibility to minimise the risk of injury in the workplace. The work that your mother does is repetitive and would therefore be something that the employer would have to consider with regards to their risk assessment of each role and the nature of the training that they provide and how they manage adequate breaks from the work and job rotation.

      In your Mothers case, it could well be worth making a claim for compensation.

      Reply
  358. T.R

    Hi, I work as a security officer, while on night building patrol of one the building offices I fell over some clutter left in the way. Later, my colleagues told me that it was a bowl of glass. When I fell, I hit my head and passed out. On coming round, I can remember a member of staff of the company I was patrolling for standing over me. The accident date was 07/03/2018.

    I broke my right ankle, had a concussion, found that my speech became slow, I have a constant headache and now my back is constantly in pain.

    I received my 20 days sick pay and afterwards they stopped paying my usual salary and all I got paid was £292 for SSP. I have been off work since March. I have also been diagnosed with Fibromyalgia which means that I will take longer to heal and the injuries are causing significant pain. To top it all off, I have received an email from my employer informing me that I will be placed on a bank duty team in the security team which simply means that when work is available, I will be called upon. Previously, I was full time regular employed working 4 days on, 4 days off weekly. Please advise!

    Reply
    • Ian Morris

      These items were a hazard and should not have been in situ. We assume that they were not fenced off and that there were no warning signs and as such, it is likely that you have a valid claim.

      Reply
  359. Phil ball

    I was working under a floor of a house when I knelt on a piece of wood with a nail through it, the nail went into my knee by about 1 inch, I reacted by pulling it straight back out. I went to hospital where they just cleaned it and sent me on my way. The next day I was unable to put any pressure on my knee. I rang my boss to say I was unable to work as my job requires me do a lot of climbing. He was very unhappy and instructed me to go back to hospital and tell them I need to get back to work as soon as possible. I normally only get ssp when on the sick, if this is the case this time would I be able to make a claim to recover my losses?

    Reply
    • Ian Morris

      If your employer has failed to provide you with the correct personal protective equipment (PPE) such as knee pads, or adequately risk assessed the workplace to minimise the risk of injury you could well succeed with a claim against your employer and recover any lost income as well as a personal injury settlement. Employers are duty bound to ensure that relevant PPE is worn – whether they provide it or insist that you provide it.

      Reply
  360. Jack

    My son in law was hit on the head at work in a kitchen fitting factory. He was knocked unconcious, but after recovering he was sent out to drive a van is this procedure safe?

    Reply
    • Ian Morris

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

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

      Reply
  361. Miss C

    I have had an ongoing injury to my back since 2004 and at the time my employer’s medical expert told me that it was not work related. I have recently obtained evidence from my HR files, written by that same person to state that it was due to incorrect safety wear being used. Can I still claim?

    Reply
    • Ian Morris

      Claim limitation is strict in that UK law allows a claimant a maximum period of 3-years in which they can seek to claim compensation for an injury sustained in a non-fault accident or because of employer negligence. However, whilst that 3-year period usually starts at the date of an accident or injury, it can also start at the date when someone became aware of a diagnosis or illness. In your case, given the new evidence that you mention, it may well be worthwhile speaking with one of our specialist solicitors to see if the new information you have uncovered would enable you to make a claim.

      Reply
  362. JAMES KAMUNGE

    From 2001 to april 2004 I was working for christian salversen at world cargo perishable centre hatton cross. between february and march their goods lift broke down when I was inside and it fell two down two floors, I have pain in my hips and cannot work properly. I was dismissed by the company in april 2004.

    Reply
    • Ian Morris

      Whilst the accident scenario you describe would have provided a sound basis for a claim for personal injury compensation, you are blocked from taking any action on the grounds that too much time has passed since your accident. Under UK Law, there is a strict time limit in which you can seek to make a claim for compensation. This is a maximum of 3-years from the date of an accident. Failure to take action before the 3-year time limit will leave you statute barred and unable to take any action.

      Reply
  363. Michael Burton

    Last year whilst working on a machine for maintenance it toppled over. I instinctively reached out to stop and resulted in a partial rupture of my left Bicep, due to the injury I was off work for four months receiving only SSP the loss of earnings meant spending all our savings on Mortgage repayments and household bills. Would I have a case to reclaim my lost earnings?

    Reply
    • Ian Morris

      You could recover your lost income and costs incurred, but only if you are able to succeed with a claim for workplace injury compensation. To succeed with such a claim, you would have to demonstrate that the cause of the injury (and therefore the cause of your losses) was down to negligence from your employer or someone else. For example, if you were not adequately or correctly trained to use the machine you were working or if the machine toppled because of a defect in the ground, or a hazard that should not have been present.

      Reply
  364. GILLIAN

    I severed the tip of my middle finger last week passing through a door in my workplace and just had surgery to remove the top joint so it can heal – I am doing medical assessments and type reports and am a touch typist/Nurse. Can I claim compensation for long term affect of my injury?

    Reply
    • Ian Morris

      You have clearly suffered a serious laceration injury at work and should investigate further as to whether or not you have a valid claim. If it can be shown that the cause of your laceration and amputation of the tip of your finger joint was due to negligence on behalf of the employer, you would be able to claim compensation for the injury and also recover any loss of income caused by the incident.

      It is obvious that something extremely sharp has injured your finger and the question is whether that item should have been present or protected by a guard etc.

      Reply
  365. Ellen Dezorzi

    I work in disabilities. I have hurt my back & shoulders and also now have sciatic sprains to the L4/L5 vertebrae in my lower back. I have been under alot stress due to lies that have been told from office persons and pressured. Do I have a case to claim?

    Reply
    • Ian Morris

      Whether or not you have a valid claim for compensation for the injuries to your back will depend on what exactly caused them. If you were injured because of a lack of training, a failure by your employer to provide you with the relevant support and equipment to work safely or because of an accident you would be able to make a claim against your employer on the grounds of employer negligence.

      Reply
  366. Gary Carpenter

    I stretched out my arm to prevent stock falling on crates of milk and in so doing I damaged ligaments in my shoulder. My employer does not accept IOD as on video footage I tended my hand prior to the shoulder.

    As an injury on duty a medical practitioner will treat me superficially and the maintain that my employer must follow the protocol of ‘Injury on Duty’ before further, necessary treatment is incorporated. My employer failed to complete the initial injury report. What route should I follow as the medical issue is getting worse?

    Reply
    • Ian Morris

      In UK Law, you would be able to make a claim against your employer for the injury sustained by the falling stock, if it can be shown that they were stacked dangerously or in a dangerous position that was likely to cause an accident and injury.

      You should make sure that there is a record of the injury in an accident book. If the employer won’t let you use the accident book, you should email or write to them outlining what happened, where and how you were injured. List the details of any witnesses or names of people to whom you have reported it and retain a copy of the letter or email for your own records. You should then contact a specialist personal injury expert, such as Direct2Compensation with expertise in accidents at work and instruct them to pursue your employer for damages. They will then liaise with the employers insurance and work to obtain a compensation settlement for your injuries.

      Reply
  367. Louise

    Can an employer be sued for not having a first aider or appointed person when someone collapsed at work and died the next day in hospital?

    Reply
    • Ian Morris

      It is difficult to answer this question without knowing more about the workplace and the kind of industry in which the workers were operating and whether the person collapsed because of an accident or incident at work.

      In some industries, it is foreseeable that accidents will happen and therefore, employers will ensure that adequate first aid trained staff are on duty to cover for such incidents.

      If you believe that immediate 1st aid action could have prevented the death of the individual who collapsed, you should contact us so that we can get our specialist solicitors to have a chat with you and advise you as to whether or not you could pursue a claim against your employer.

      Reply
      • Louise

        Thank you, the other thing to mention is that this happened over 3 years ago and my husband tells me that this makes a difference and we couldn’t pursue it, is this correct?
        It is the building industry, so it was on a building site.

        Reply
        • Ian Morris

          The 3-year claim limitation period is strictly enforced and it is almost impossible to pursue any claim if more than 3-years has passed since the incident.

          Reply
  368. Camille

    I went to get a number for a co worker when I went to sit down my chair slipped from underneath me caused me to fall hit my left side forearm and middle part of my neck. I told my supervisor she did nothing, didn’t even ask if I was ok. I took some ibuprofen my forearm is bruised my neck is still sore. The weekend has gone by I had to lay on a bed all weekend with a sore neck, went back to work today she didn’t even ask how I was feeling. I need to go to the insta care for my neck.

    Reply
    • Ian Morris

      If the chair slipped from beneath you because it was faulty or the floor surface was unsafe, you could seek to make a compensation claim against your employer on the grounds that your injuries were caused by negligence as the chair or floor was not fit for purpose or safe.

      Reply
  369. Ross anderson

    My employer is trying to reduce the minimum amount I am allowed to do at work after a back injury and time off which involves changing my contract, can I say no to this or do I have no say? I have asked for amended duties and am fine but a few days after I asked they put me on heavier stuff.

    Reply
    • Ian Morris

      You need to make sure that you seek qualified expert advice regarding your employment rights. Therefore, you should make contact with an employment law specialist Solicitor to discuss this issue.

      Reply
  370. Ellis

    Hi I had an accident at work and made a claim which is still on going but I have recently returned to work after 9 months off and I feel as though things are being made difficult already. I have been told by my employer that they advise I take on light duties which I understand but these are things I wouldn’t normally do and at less pay and more hours a day, however my doctor and physio therapist told me I am able to go back working in my trade but take it easy and start with less days until I get back into it which is a lighter work load. My employer is trying to make that impossible for me to do. Can an employer tell me that I can’t do my job anymore even after being advised I can and me feeling that I can?

    Reply
    • Ian Morris

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

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

      Reply
      • Ellis

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

        Reply
        • Ian Morris

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

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

          Reply
  371. James

    I was injured 2 weeks ago and was placed on work restrictions. My employer is now preventing me from picking up extra hours ever since.

    Are they allowed to prevent me from picking up hours? I really need the money.

    Reply
    • Ian Morris

      If your Doctor has reported that you are unfit to work as normal, the employer is unlikely to want to risk injuring you further and could refuse additional work.

      Reply
      • James

        That’s what I had previously thought as well. However, when I ask for a day off to rest my injury, they still make me work my regularly scheduled hours on modified duty.

        It kind of seems like they are contradicting themselves at this point.

        Reply
        • Ian Morris

          It could be worth asking for a meeting with the HR team to discuss your situation and worries to make sure that they are handling things correctly.

          Reply
  372. Martin Pascall

    Hello. I have been made redundant. My last paid salary/employment date was 28th February 2018. I have not been offered any redundancy pay. I have not asked for any as I didn’t know that I may be entitled to one, until a friend told me last week. I have not approached my employer about this.

    I work as an estate agent for a one independent office. I was never given a contract. I was made redundant because the director has decided to close down the office. The director is widely known as person of dubious character. Please advice of the following:
    Im I entitled to redundancy pay and if so, how do I go about claiming it?

    Reply
    • Ian Morris

      This is not something that we can advise you on, but all workers do have a statutory rights to redundancy notice and possible payment. Have you contacted an Employment Law specialist or the Citizens Advice Bureau?

      Reply
  373. Korong

    I was injured by the conveyor belt at work on my left hand, so my employers didn’t pay me since September 2017. I need help from you what must I do as an employee?

    Reply
    • Ian Morris

      If your injury was as the result of employer negligence, you could seek to make a claim for accident at work compensation. Under UK law, any person injured in an accident at work that was not their fault is entitled to seek redress via a claim for accident at work compensation. If you were to succeed with such a claim, you could also recover any lost income caused by the injuries you sustained in the accident.

      Reply
  374. julia

    I had keyhole surgery on both legs 5 weeks ago. I took 1 week sick and 1 week hols as I had 2 weeks hols owed and my boss said he would only pay me 1 of the weeks, so had no choice!
    I returned 14 days after my operation to normal duties just no heavy lifting. 3 days into my return as a catering manager of a café I was told there was mouse activity to which I reported again and got Rentokil out. I was on shift on my own and had to lift remove fridges freezers cupboards to clean behind. I contacted our accounts manager by email and told her I shouldn’t be doing heavy lifting, she just said do what you can!
    I have to continue to work 8/9 hour shift only I banged my leg last week and it bruised. Since then I have had pain most days to the point I went to the emergency doctor who said I have strained the muscle in my right leg. The thing is no-one has done a back to work interview or risk assessment, my doctor has put me on sick for 1 week with medication, please advise me.

    Reply
    • Ian Morris

      What you could explain could be seen as employer negligence and could mean that you have a valid claim for work accident compensation. Of course, we would need to know a little more before we could advise further, but there is certainly enough in this to warrant further investigation and a discussion with one of our specialist personal injury Solicitors.

      Reply
  375. Deborah kent

    I am a lunchtime supervisor and after school leader at my local school. In 2016 I was in the playground near the basket ball court and I had a special needs child stood next to me. A year six kicked a basket ball and it headed straight for the special needs child, so I put my arm out to stop it hitting him. The force of the ball pushed my arm/shoulder back so hard that I grabbed it and pulled it forward. I had to go in and I documented it in a book we have on us all the time. The pain became worse and ended up on strong pain killers from my doctors, three cortisone injections as it turned to frozen shoulder, and physio. In the end I had to have an operation, five months off and extended physiotherapy in the hydro pool. Is there help I can get?

    Reply
    • Ian Morris

      We could help you find out whether or not you can pursue a claim for compensation if you give us a call so that we can find out a little more information and help you get some advice.

      Reply
  376. Liz

    I was injured in a car accident at work in 2011 and received compensation for a shoulder injury. Six years on I now need surgery on it. Can I make an additional claim? Thank you for your assistance.

    Reply
    • Ian Morris

      Sadly you cannot return to an old claim that has been settled and seek further damages. Any settlement that was made for this accident would have been full and final and should have included any value apportioned to future medical costs or surgical interventions.

      Reply
  377. Lorrain

    My father got injured on duty 2 years back. He was off for quite a while and only earned 75% of his salary. He is currently back to work but the employer has informed him now that he will be given another position at the company and they will decrease his pay.
    Is it allowed to decrease his salary if it was an IOD?

    Reply
    • Ian Morris

      In the UK, employment law allows an employer to alter the employment role of an injured person if they are no longer physically able or fit to perform the work that they had previously completed. This is the case, even if the person is injured in an accident or incident whilst at work. Whilst it is not an ideal situation for the injured person, it is better than the alternative which can be a complete termination of employment if the employer cannot offer an alternative role or the injured person is unfit for work in any form.

      It is for this reason that someone injured in an accident at work should seriously consider making a claim for compensation. If the accident was caused by someone else or an employer’s negligence, then the injured person can seek a compensation settlement that would include a settlement value to cover the pain, discomfort and distress caused by the injury but also a special damages claim that would cover all lost income during an absence from work, and also any future loss of income – as per the situation in which your Father finds himself.

      In his case, if he were to make a successful claim , he would be able to recover the 25% of lost income for the period of his absence but also the future loss of income that his new role will cause given that it is lower paid than his pre-accident role – i.e, he can claim the difference.

      Reply
  378. Karina

    I fell at work on March 5th 2018. My manager didn’t put the claim in till the 9th. There was a specific place I needed to go -Centra Care. I fell on ice or water. It was in front of an ice machine that is constantly leaking. We even have squeegee by the machine to clean it up. We do it about every 20 min. My manager proceeded to ask me to come in, even on days when I do not have availability. He didn’t understand the pain and still doesn’t. I had an MRI scan and found out that I have suffered 2 herniated discs and a tear to the soft tissues within my back. My Manager now wants me to host, which includes sitting in a chair for 30 min and then standing for 30 min, something I am just not fit to do at the moment. I work days so there is only one hostess so I don’t think that would work and he now wants me to work nights. My injury is at my tailbone so it’s uncomfortable to sit and stand. The insurance lady is on the way to my house. I panicked and searched the internet. I don’t want to say something that she can use against me. Can I record the session? What should I do?

    Reply
    • Ian Morris

      You can record what is said, but it would be wise to make sure that the insurance lady is aware of your recording – you should simply state that you are recording it for your own records and can provide a copy of any recording to the insurers. You have every right to do this.

      With regards to your employers attitude, they cannot force you to work if a Doctor has signed you as being unfit to work. You would simply need to present a Doctors note advising of a prescribed period of rest. Given your injury, it would not be wise to work.

      Do you have a Solicitor representing you?

      Reply
  379. Alana Takli

    Hi there! So I was stocking some groceries at my job three nights ago and I was trying to take a box from one side of the u-boat, it ended up getting caught on the pile of boxes next to it, resulting the top box hitting me in the back of my head just about where my ear is, resulting in a nice bump. No concussion, but my head hurt for two days and for the first few hours after it happened anything loud made my ears ring and go numb. It turned out the box on top was a 15lbs box of laundry detergent stacked on top of a few boxes of pads so it gave way when it tipped as well. I didn’t know this until after the box was already on the floor and I picked it up to see what it was. I’m not the one who put the u-boat together either. I still have yet to file an accident report due to working third shift with no manager to help me write one. Gonna write one up tomorrow. On top of that, one of the other employees claims she saw me run into the uboat and purposely injure myself (when she was two aisles over and nobody came to check on me especially after screaming when the box fell on my head), which isn’t true and told this to the manager who actually put that u-boat together so I’m afraid they’re not gonna believe me. Even though I have decided to not go to the doctor, can I still request them to look at the cameras that have recorded what actually happened? I don’t want a stupid rumor going around the store that could ruin my reputation.

    Reply
    • Ian Morris

      You cite a great reason for why it is so important to ensure that the details of any accident at work & injury are properly reported and recorded in the workplace. Whilst you appear to have escaped with a fairly minor injury, we would also always recommend seeking medical attention to ensure that the injury details and cause are noted on your medical records. A medical record of the injury is vital should any future developments from what could initially appear to be a minor injury are discovered as it would enable a link to be drawn back to the initial injury.

      It sounds as if employer negligence could be established in your case given the dangerous stacking of boxes of weight at height.

      Reply
  380. Sabina

    Hi, I had an accident at work. As I was walking down the stairs I slipped and twisted my ankle as the stairs were wet but there were not wet floor signs to warn me. The accident happened on January 13th 2018. I’ve been off work since then. I have to live off only SSP and I’m struggling. I still have pain and discomfort but I need to go back to work ASAP because I’m struggling to only live off SSP. I’ve already made a claim for compensation and it’s still in process. I wanted to ask if you could possibly tell me if me going back to work while my claim is still being processed if it will affect my claim in anyway? I was only thinking about doing some easier jobs where I don’t have to walk as much. Thank you

    Reply
    • Ian Morris

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

      Reply
  381. Stuart Whibley

    Hi there I had an accident at my old job 25 year’s ago I claimed and won. But now because of this accident I have now been made disabled? Is there anything I can do?
    I was crushed at work when I was 19 years old I’m 44 now and can work.
    I was working at a paper mill then. I also worked after that lorry driving but couldn’t cope with my pain any more.
    I now suffer from chronic pain syndrome all over my body and suffering from depression and anxiety.
    Is there anything I can do?

    Reply
    • Ian Morris

      Sadly, there is nothing further that you can do regarding any claim against the former employer. You can however, seek government benefits for industrial disablement or disability benefit.

      Reply
  382. wayne

    In 2017 i had an accident at work. On a very windy day fixing roof trusses that we had fitted the day before and they were wobbling and swaying in the windy conditions. Unfortunately on the following day, the trusses all collapsed, leaving me trapped between them with two broken bones in my back. My employer has said that there is no claim to be made. I have never to this day received any correspondence from my employers insurance or seen any accident report or even contact from the HSE. Is this correct information my employer is giving me?

    Reply
    • Ian Morris

      You describe a serious accident with serious injuries, the details of which warranted reporting to the HSE and RIDDOR. If your employer hasn’t reported this, they could be in trouble. You should certainly contact the HSE immediately regarding this.

      On the second issue of any claim for accident at work compensation, it is not your employers position to decide whether or not you have a valid claim for accident at work compensation. Indeed, why would you trust them to make an impartial decision? We very much doubt that they have even advised their insurers of the incident.

      We would like to take this matter further for you and get our specialist accident at work Solicitors to look at your claim for you. They can decide whether or not you should pursue a claim on a No Win No Fee basis and bring the matter to the attention of the employers insurance. If successful with a claim for compensation, you will be able to recover any lost income as well as seek damages – the sum of which could be considerable – for the injury you sustained to the discs in your spine.

      Reply
  383. Mark

    I am awaiting a doctors appointment to possibly confirm raynaurd syndrome. I work in a warehouse handling very cold cast iron pipes, joints etc.
    We have gloves but they barely keep out cold from the elements never mind frozen pipes.
    I mentioned my possible condition to my employer and now I feel they are looking for ways to get rid of me. They have collected all my hazard slips up and any pick mistakes I have made for the past 12 months +
    If I get a diagnosis do you think I can make a claim? Also what if they sack me before any claim?

    Reply
    • Ian Morris

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

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

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

      Reply
  384. Gary

    Good evening, I have recently had a accident at work where i fell on some stairs that where not properly maintained causing the material on each step to lift i tripped and fell over this material and hurt my back. I have had to take 3 weeks on sick but i recently learnt that the faulty stairs was reported last year by our health and saftey advisor in a meeting but no repairs were done. I have now been informed the stairs have been fixed one day after the accident at no point in time were we told the stairs were unsafe to use. My employer will not tell whether i’m entitled to full sick pay or ssp, they have been trying to get me to fill out health and safety report as soon as 2 days after accident whilst i was on strong medication, is this the correct approach – am i entitled to a claim?

    Reply
    • Ian Morris

      You most certainly can and should claim accident at work compensation in this case. You have a right to seek compensation via a No Win No Fee arrangement for your injuries and also to recover your lost income or costs caused by this accident.

      The scenario you describe is a prime example of employer negligence and how it has lead your otherwise avoidable injury. The hazardous stairs had been reported to your employer and as such they were on notice of a hazard or risk to health and had an obligation to repair the fault and make them safe. That the employer failed to carry out any remedial work or erect any warnings to reduce the risk of injury despite ample time to do so is where they have been negligent.

      You may not know that it is important to report an accident in the workplace, so make sure you record that you tripped on the loose stair material and give information of your injuries in the employers accident book. Noting the lack of employer action on a previously reported hazard demonstrates the negligence of the employer and strengthen your prospects of winning your claim. You should also ensure that a full record of your injuries and symptoms are on record with your GP.

      Reply
      • Gary

        Hi thanks for your reply i never got chance to fill out the book, my work manager filled it out whilst i was in pain straight after the accident. I don’t think they put what i told them they made me sign it but i was in to much pain read it. I don’t think this should have happened, i never had a choice.

        Reply
  385. Vasil Nikolov

    I am working in a bakery factory from November 2017 and I have 6 months probation period.
    I am only 163cm tall and I am working in position where I need to lift loafs from a big bin and to put them in to a machine beside me. The problem is that the machine and bin are too high for me and to put them into the machine, I need to use steps to take the loaves from the bin to put in to the machine.

    This for me is too hard and no health and safety training or guidance has been given.

    I have reported this issue to the health and safety manager and also spoken with my manager to change me to a different role as the stretching and lifting has caused me to have intense pain in my stomach and side. I have told both my Manager and the health and safety manager that I could easily work in any other position within the production line, but not the one they have me on but nothing has changed.

    After our chat, the health and safety manager spoke with my manager but my manager told me that it is because I am not used to the work and that I will be have pain for the next 3-4 days and that I would not have paid after that. I was told that it is not possible to move me from this position and to put me in a different position because people on my shift would not be happy and that if I am moved, everyone will be want to moved from this position.

    So I am left working in this position, continuing to have the pain and now I don’t know what to do.

    Please can you advise me? My biggest worry is that I do not want the employer to dismiss or sack me as I am on probation and I have a mortgage and need to keep working. Please help me.

    Reply
    • Ian Morris

      You express concerns that we regularly hear when we speak to people who are injured at work and are extremely anxious about making a claim against their employer as they feel that they do not want to lose their job. In UK Law, an employer cannot dismiss an employee simply because they have made a claim for compensation. Indeed, if an employer did sack a worker for simply making a claim for compensation and evidence could be shown to prove this, the employer would be in trouble.

      In your case, you should seek medical attention for your injuries and get a proper diagnosis of the damage to your stomach and side. You should also make sure that your employer has made a record of your request to move positions and provide you with a written reason for not moving you.

      We would be happy to speak with you about your rights.

      Reply
  386. June Bexton

    I had an accident at work in 2017. I am a domestic at a council run home, a trolley that had been put in there with 3 wheels on it fell on me wen I went to fill my bucket, injuring my shoulder. I filled a accident form in but my shoulder’s been hurting me since and I have been off work since Christmas with it. Doctor’s certificates said this accident was caused by negligence, very mysterious the manager changed all the trolleys the next day saying they were unsafe. I have been in a lot of pain not sleeping on pain killers, I have been scared to be off work because of trigger points I have had to go to work with this till I can’t work anymore, now they are threatening to end my employment, do I have grounds for a claim?

    Reply
    • Ian Morris

      You most certainly have grounds for a claim and my initial view is that we would be likely to succeed with a claim for you on the basis of your description of your accident at work.

      We would like to speak with you on the telephone to take some further information from you and get one of our specialist accident at work Solicitors to pursue this for you on a No Win No Fee basis.

      Reply
  387. Elliott James

    I work in care with adults with challenging behaviour. I recently had my prescription glasses pulled off my face and broken. My employer is refusing to pay for the replacement. I don’t want to gain anything from this, just the pair of glasses replaced to the same value. Where do I stand, as I will be now out of pocket if I have to pay for them myself?!

    Reply
    • Ian Morris

      We are not sure if you have a legal right to force the employer to replace your broken glasses, but morally, they definitely should. Have you tried escalating your request for the employer to pay for replacement spectacles to senior management within the company?

      Reply
  388. Caroline Henderson

    Hi. I work for the co op. My store had a refit a few years ago. The conveyor belts were taken away and the trolleys are now pushed up to the left of us as we stand at the tills. The original design was for shallow trolleys but deep ones had to be bought back in as the shallow ones had no baby seats. It is now impossible to reach the bottom of these without nearly going head first in. I have had back pain ever since they changed the system. I am off again now. My manager said they are part of the job but if they were not supposed to be used does that mean I can refuse to do them? My mother in law left due to a bad back caused by the same thing. I can’t bear the thought of going back and having to hurt myself more.

    Reply
    • Ian Morris

      We think the details you describe in terms of the way your employer is expecting you to over-reach could well give rise to a successful claim for compensation against the employer. Of course, our specialist Solicitors will need to speak with you in more detail to make a full assessment of your claim, but there is definitely sufficient in this to warrant taking it further at this stage.

      Reply
  389. Tracey Henry

    Hello, I had a accident in work almost 7 years ago now In which I made a claim. My work admitted liability and I was paid out on a injury lasting for 4 years. On this claim I didn’t claim for loss of earning as when I had the accident I was off for 3 weeks which they paid me for. Now, I still have that back injury, and I have had a lot of time off. Can I claim for loss of earnings? I’m losing too much money as I’m taking weeks at a time off. I only get SSP. I would be grateful if you could advise me. Thank you.

    Reply
    • Ian Morris

      Unfortunately, our view is that you cannot return for an additional settlement to cover the loss of income you are now sustaining. When your claim was settled previously, the settlement would have included loss of income and estimated future losses, on the basis of medical expert opinion.

      Sadly, the law does not allow you to return for additional compensation years after accepting a settlement.

      Reply
  390. Pat

    I hit my head in work many months ago and never went sick in fear own how it would effect my job, but after months of constant neck stiffness and pain I sought physio therapy and was inform that my neck pain is from my head trauma. I had filled in accident claim report and sought medical advice to ensure I did not have concussion. I’m just wondering can I still claim even though the incident happened about 7 months ago and I’ve just been dealing with it ever since?

    Reply
    • Ian Morris

      The fact that you were able to carry on working despite being in pain and having symptoms of neck stiffness and discomfort would not have a damaging impact on any claim for personal injury compensation here. In the UK, the law allows an injured person a maximum period of 3 years from the date of an accident in which they can pursue a claim for compensation. As your accident at work happened just 7 months ago, you are well inside this and could still pursue a claim.

      Reply
  391. Chris

    My employer didn’t raise my desk as requested for 18 months, during which time I develop severe foot pain in both feet and had to wear an air cast boot on one of my feet. I was prescribed tramadol by my dr, I’ve also developed neck, shoulder and arm pain.
    I was eventually told work wouldn’t raise my desk as we were moving office.

    Once we moved office it took them 12 weeks to raise my desk dispite there being a desk on section that had a built in handle to raise the desk.

    I no have a raised desk but I’m still in pain, where do I stand on monetary compensation for my injuries?
    Would persuing a claim be worth any sufficient benefit?

    Reply
    • Ian Morris

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

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

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

      Reply
  392. Nicola Pitchford

    Can you claim for loss of earnings after leaving your job that you had previously injured yourself at. Resulting in needed an operation to fix and being signed off sick for 3 months?

    Reply
    • Ian Morris

      When any person succeeds with a personal injury compensation claim, they can seek to recover a settlement for their injuries and also a separate claim for loss of income and expenses – known as special damages.

      Whether or not you will be able to hold the employer liable for your future loss of earnings in your situation is impossible for us to tell at this stage. Have you already started a claim for the injuries you mention? If so, you should discuss your loss of income with your Solicitor. If not, we can get our specialist Solicitors to look in to this for you.

      Reply
  393. Jesse

    I was polishing wine glasses at work and a glass snapped in my hands and I ended up slicing my finger open and severing the nerve.

    I’ve had to have surgery, spend 3 weeks off work and am currently coming back on lighter duties working my way up slowly as my finger begins to heal. Am currently in the middle of hand therapy sessions and the feeling still hasn’t returned to my finger because of the nerve damage.
    Am I eligible to make a claim against my employer in this situation?

    Reply
    • Ian Morris

      Of course, we would need to speak with you in detail to be able to offer specific advice about your claim and your prospects of success. What we can say is that we have succeeded with identical claims in the past and our solicitor partners are currently pursuing a number of claims for people injured in the exact same way as you. Our article on finger injury compensation will give you some further info and potential settlement values.

      Reply
  394. Gus Georgopoulos

    I work for the telephone company as a technician. I was up a pole working on a telephone cable when i had to get down because the pegs on the pole weren’t stepped evenly so my one leg was on a lower step than the other which makes your one leg very tired. I had to come down to rest when I undid my safety belt and as I started to come down my boot lace got wrapped around the pole step. I tried to get my boot lace free but my right leg had gotten so tired that it just gave out and down I came. I fell about 12 feet straight onto concrete where I broke my tibia and required surgery with a plate and pins put into my ankle area. I was off work for almost a year when I went back for 6 weeks of light duties before I had my second surgery to get all the hardware removed as there was a pin put in on a 45 degree angle and it was sticking out of my skin. After my second surgery I couldn’t feel my foot anymore as the surgery had cut lower to remove the hardware where as cutting all the nerves going to my foot. So once again I started physio and went back to work about 9 months later. My accident happened about 3.5 years ago and now I’m starting to notice that I’m starting to work harder as my ankle is really starting to bug me with pain and swelling. I know the orthopaedic surgeon made a note in my file saying that I will get severe arthritis in my leg. Working for the phone company we also lost our post retirement benefits but I still take medication for my injury since the accident and will probably continue for the rest of my life. I’m 46 years old and I was 43 when the accident happened. I’ve worked for the company for 21 years so far. Just would like to know if there’s anything I can do. Also when I returned to work my manager at the time was doing everything in his power to make my life miserable and he did a very good job. My co workers around me saw and knew what was going on and sent emails and made phone calls to try and help me out without my knowledge. Any advice would be grateful.

    Reply
    • Ian Morris

      You mention being 43 when the accident happened and now being 46. This would give us concern that you are now outside of the strict 3-year claim limitation period allowed under UK law for any person wishing to make a claim for personal injury compensation.

      Reply
  395. MATT Hackworth

    I was injured at work and also lost earnings. I was advised by many staff to claim for loss of six months of earnings after I had resigned.

    Now I am wishing to go back and work at the same place. However, I wonder if the fact that I had claimed for loss of earnings, can they make it difficult for me not to be employed by them?

    Reply
    • Ian Morris

      There is no legal or legitimate reason that the employer could use to treat you unfairly or discriminate against you at work, simply because you exercised your legal right to make a claim for compensation after being injured at work.

      Reply
  396. Jess

    500lb pipe fell on my foot at 8am. The boss made the guys finish loading pipe before taking me to the hospital. So at 12 I finally got to the hospital. I’m going to lose my big toe and have now gotten fired because I was not wearing my steal toe boots cause we were not on site. So my question is can I get compensation or am I totally screwed?

    Reply
    • Ian Morris

      Under UK Law, if the pipe was dropped due to negligence and was not your fault, you would be able to pursue a claim against your emplo