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Should I seek compensation?(5 Posts)
I recently resigned from work after getting zero support when I broke my big toe at work. Usually I wouldn't have let anything like this bother me but the accident was caused by a faulty step that was reported 2 years ago and not fixed.
I was signed off sick and in plaster and due to brittle bone disease I took longer to heal than usual. I still went into work because I didn't want to let my time down and got bollockings from Management for not doing my job properly.
All this caused huge stress and I ended up trying to bang myself. I'm getting great help and really coming out of this dark depression but I'm starting to get angry.
I've resigned and given notice but I'm now wondering if it's selfish of me to claim compensation for my broken toe.
Anyone done this?
I'm not a malicious person but I did my best to still work even though I was signed off and broken step still not repaired but with hazard tape across it.
Why were you trying to work if you were signed off?
What sort of work do you do? If it is office-based, then it's probably feasible to work. If it's manual, then I can imagine you couldn't do the job properly.
I do not know if you can claim compensation, but an accident caused by a reported fault which wasn't fixed would imply yes, even if it was clearly marked.
I think it would weaken your case, or at least cloud the picture around how much of a problem it caused you, and thus how much they are liable for, that you chose to work, despite being signed off as not fit enough to work, but that is after the initial accident.
Did your employer know you were signed off? If they didn't know, I don't think you will have much of a case they can't be expected to make any adjustments until you're back to full health if they have no idea you should still be off work. If they did know, was there any discussion around whether you were capable of doing all required tasks, or whether you would need any support or adjustments while you continued healing? Were any adjustments agreed and implemented?
It sounds like they should have refused to let you return until your fit note expired, but it depends how much you told them.
Yes they knew I was signed off as I had to keep sending Dr notes in even though I was doing some work from home.
I'm very 50/50 about what to do.
If you're in a union, ask them. Ask ACAS. Don't just leave it, else time will make the decision - if you are going to take it formally, there are some quite tight timelines, and it sounds like you're not yet in a position to make an informed decision about the best route to take.
*I think it would weaken your case, or at least cloud the picture around how much of a problem it caused you, and thus how much they are liable for, that you chose to work, despite being signed off as not fit enough to work*
^I agree with this. You really haven’t helped yourself here at all.