To ask my employers to pay for my phone repair?

[Magix]

I slipped on ice at work yesterday and my iPhone 5 that was in my jacket pocket is completely smashed . It's insured but it's £100 excess .

I ended up having to get sent home from work as my back was so sore from the fall . My colleagues have said that as it was an accident in the workplace (I have filled out an accident report form and forwarded it to my manager) that the company should cover the cost of the phone repair ?

I spoke to my boss but she didn't take me on at all . Was I being unreasonable ? Would I be unreasonable to contact my HR or H&S dept regarding the damage ? (Is try my boss first again I think)

[DarlingGrace]

I doubt it. The phone isn't a part of your job? We arent covered for personal items, that would come under your own extended outs insurance or phone insurance

[ISeeYouShiverWithAntici]

were they negligent?

[Magix]

Well the path is thee responsibility we have a grit bucket to keep it clear . But I don't know exactly who's responsibility it is to actually clear the path . I was first one in to let night shift go .

[Sirzy]

Sounds to me like it was just an annoying accident but these things happen. Just be glad your phone is insured

[ilovesooty]

They might be liable for your fall but putting the phone in your jacket pocket was your choice. Hope you feel better soon.

[boodles]

Have a look at there h and s cold weather policy, they should have one.

[GandalfsBeard]

Really?
Sorry, but it's not your employer's fault that you slipped over on ice.

[TangledTiara]

What's your job? Does it state in job description that you need your phone/other gadget, on you whilst working?

[PurpleCrazyHorse]

We wouldn't be covered for personal possessions like a phone. I think if I damaged my clothing or footware then I could probably claim as they're (obviously!) essential things I needed to have. I could also claim for injuries sustained to me.

My choice to have an expensive phone, my choice to put it in a pocket and not in a bag, my choice not to have a suitable cover on it, my choice to have a policy with a £100 excess.

[splasheeny]

I think it depends as to whether they were negligent. Do they have a maintenance regime?

[sykadelic15]

Clothes and injuries yes, phone no. It was your choice to put the phone in your pocket and your choice to buy an expensive phone (not work mandated).

I highly doubt they're responsible for the phone but there's no harm in asking.

[TravellingToad]

Are you meant to have your phone on you at work?

Do they stipulate you have to bring it in?

[EmmelineGoulden]

You need to check with a legal expert, but I think you probably have a case. I'm pretty sure an icy path is negligent. If they would be responsible for compensation for injuries then they are probably responsible for damage to your property (whether there is "cover" for you personal property is neither here nor there, it's whether they are responsible).

[insancerre]

if you were the first one in then was it not your responsibility to grit the path?
or would it have been somebody on the nightshift?

[imissredwine]

Yabu.

"No win, no fee"... no.
You fell over.
It was an accident.
It's £ 100.Think of the cost if pursuing it. Your time and effort, legal time and effort, employers' time and effort. Then insurance goes up. You've not lost your vision and it won't affect your quality of life.

Take some responsibility for an accident. It's not always someone else's fault.

[msrisotto]

I don't know if you have a case or not but do you want to risk pissing off your employers over a mobile phone?

[DuckworthLewis]

Yes, you would have a (potential) case:

There is an unbroken 'chain of causation' between their negligence (failing to grit the path) and you falling and the phone being broken.

In the law of tort, they should be liable for damages to the full cost of all your costs inc broken phone. Also, did you damage your clothes in the fall? Injure yourself? You could claim for those too.

Please don't listen to any BS about 'company policy'. Their policy is only ever allowed to give you more rights than the law, not fewer (as so many companies attempt to do).

[akachan]

You're forgetting the need to establish a duty of care and also duty to mitigate loss.

[DuckworthLewis]

There is obviously a duty of care - they are her employer, and apart from any common law duty, they will also have a statutory duty under (one of the) Occupiers liability Acts - its been a while since I last used them, so would need to check which one.

How do you think OP has failed to mitigate her loss? Unless she was actually seen jumping up and down on her phone, her employer would have a tough time with that one!

Shall we stick to trying to help OP and not scoring legal points, eh aka ?

[daisychain01]

Not sure if you have an Apple Store near you but it is well worth taking your iPhone in there, explaining the situation to them, how you are normally very careful with you phone but you slipped over and it cracked the screen.

You may find they are sympathetic to the situation and replace it.

The reason I say that is that I know someone who had their iPad replaced after they dropped it by accident and cracked the screen.

Not saying its a guarantee they will do something but probably worth a try.

Hope your back gets better soon.

[Joysmum]

I wouldn't. It was just an accident. I don't grit my own land.

[akachan]

Reasonable mitigation of loss would be proper insurance, protecting the phone in a case, not bringing expensive items to work. I honestly think the best way to help her would be to say to put it down to experience and not put herself through the stress if a case.

Probably ok on duty of care I suppose but as employer not as occupier. Wasn't trying to score points I just thought your post seemed to be suggesting this was a slam dunk. I disagree.

[nennypops]

Not sure that the employers necessarily were negligent if this happened first thing in the morning and OP was the first person there. It depends whether they should reasonably have known that the path was icy.

[BakerStreetSaxRift]

If they were negligent and this lead to your fall, they are also liable for your phone, as they are liable for injury and property damage. Mitigating your losses doesn't involve leaving a mobile phone at home every day!

You need to prove they were negligent though and, if you weren't also hurt, decide if it is worth all the aggro for £100.

[DuckworthLewis]

Taking out insurance, or not bringing the phone to work can't be seen to be mitigation of loss, as they would have to have taken place prior to the loss itself.

Do you actually know what mitigation of loss means?