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Legal matters

Should I make a claim against my employers

9 replies

blinkinfedupnow · 18/03/2019 15:49

I’ll trying to give as much detail without outing myself. I work for a large national company, have worked there for 20+ years. In December I slipped and fell down some stairs, resulting in significant injuries including some broken bones.

At first I thought it was just one of those freak accidents but later found out from a colleague that there was a maintenance issue which hadn’t been resolved which may have caused my slip. I was annoyed no-one had told me about this, but let it go as I was focused on getting better and back to work.

However this injury is still having a massive impact on my life and health, including my mental heath. I haven’t lost any earnings as I get full pay, but I did make an enquiry with an injury solicitor who said I had a claim.

What are my responsibilities to my employer if I go ahead with this? Do I need to tell my direct line manager? Do I need to tell anyone? Is this likely to be held against me in the future? I’m torn with making a claim because of the massive impact this has had on my life, and not being sure whether the accident was mine or my employers fault, as well as not wanting to be the subject of office gossip.

Anyone had a similar experience?

TIA

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Singlenotsingle · 18/03/2019 15:52

You don't need to tell anyone. Check your house insurance to see if you've got legal expenses cover, and then any solicitors you instruct will deal direct with your company's legal department.

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blinkinfedupnow · 18/03/2019 16:02

Thank you Single. Would you recommend not telling anyone, or would I be better to be upfront and open about it - to my manager, i mean, not anyone else.

Argh I’m not usually this indecisive, I’m just so shaken and down about the whole thing. I feel like it’s taking over my life!

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Nesssie · 18/03/2019 16:05

I wouldn't tell anyone until you have spoken to a solicitor. You don't want them having time to come up with a cover story etc.
As a company they have a duty to ensure all employees are safe at work, if they failed to do that, then they must compensate.

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blinkinfedupnow · 18/03/2019 16:56

Thanks Nesssie

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SpringLake · 18/03/2019 17:22

And if you are going to, get as much evidence as you can before they can have a chance of making it evaporate... site wide notifications, names of those who did the repair work etc if you can, without attracting too much attention. Ooh and especially site wide policies (complaints, whistle blowing, maintenance contractors etc... to know where you stand). In my company its really hard to trace back to the version that would have been in place at the time, and you can get locked out if you're suspended eg (not that it should come to that in your case!)

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blinkinfedupnow · 18/03/2019 19:23

Thanks Spring

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uggmum · 18/03/2019 20:59

My DD worked at KFC in the summer. It was a badly run restaurant. Poor management, lack of staff and dirty.

During a shift she fell down the stairs, top to bottom. There was not a wet floor sign and the cleaner had just cleaned them. They were very wet.

She hit her head and hurt her arm. She received no medical care at all. She wanted to go to hospital but no one would take her. Her manager made her work for the next 9 hours.

She went to hospital after work. She had concussion and nerve damage in her arm. Her bruises were huge and black.

She felt she couldn't work there anymore.

She hired a solicitor and sued them. She had medical evidence and photos of the kitchen. This showed that it was filthy. Food and cardboard all over the floor. The floor was very wet with no signs up.

She won her case last week and has settled on £2700.

You had broken bones and long term effects. I wouldn't hesitate in suing them in your case

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Gibble1 · 20/03/2019 00:25

Before you do sue, be warned that they may well be able to reclaim some or all of your sick pay from you if you win and get s payout which could result in you being worse off if you go for a no win no fee solicitor.
I heard of a case in the nhs where this happened as the payout is for loss of earnings etc.

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blinkinfedupnow · 20/03/2019 10:33

Thanks all, and I hadn’t even thought of that Gibble! Good point.

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