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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

to sue my employer?

51 replies

splasheeny · 05/02/2014 23:35

I had an accident at work, totally due to negligence on my employers behalf. They had failed to repair an obvious hazard.

I had a injury and 6 months later still have ongoing issues. It looks like I may have impaired function permanently.

Normally suing is something I would never consider, as I work in the public sector, and I don't want to sue my employer.

They have treated me truly terribly though.

Wwyd?

OP posts:
scarlettsmummy2 · 05/02/2014 23:38

You would need to give more info as to what the obvious hazard was, and, how if it was really obvious, you injured yourself.

Wibblypiglikesbananas · 05/02/2014 23:39

If you feel you have a justified case. Only you can know that.

minkBernardLundy · 05/02/2014 23:40

Do you have to sue them? Do they not have insurance cover? (that pays out automatically) and was the a accident logged at the time?

Original poster
splasheeny · 05/02/2014 23:41

I'm trying not to make myself to identifiable. The hazard was a trip hazard, and had caused others injuries previously.

I broke my arm and have ongoing pain and function issues.

OP posts:
Original poster
splasheeny · 05/02/2014 23:43

I logged the accident through all means possible. No one followed anything up with me, and I have certainly not heard anything about compensation.

They even had the cheek to dock my pay as I was unable to carry out full duties, even though I was still working. This money has been replayed though.

OP posts:
scarlettsmummy2 · 05/02/2014 23:44

Worth speaking to a solicitor to see if you have a strong case. Had they made any measures to highlight the fact it was a hazard? Had it been reported to appropriate person so that it could have been repaired?

lookingfoxy · 05/02/2014 23:45

You will need to prove they knew about the hazard, probably from witness statements and photographs. Is the hazard still there or did they fix it after your accident ?

TheCraicDealer · 05/02/2014 23:46

Part of my job is investigating liability claims. In some ways it's made me very critical of our claim culture, but in a case like yours where a) it was a hazard which they failed to fix and b) they treated you like shit afterwards, I'd say go for it. This is what they have EL cover for, and if it takes a claim for them to wake up to the responsibility they owe their staff then do it.

Original poster
splasheeny · 05/02/2014 23:51

The hazard is still there, despite me reporting it. They said they realized it was dangerous but wouldn't fix it. Funding issues.

Yet there is money to waste elsewhere.

I just can't imagine any other employer treating its staff so badly.

OP posts:
Alisvolatpropiis · 05/02/2014 23:53

Ywnbu to speak to a solicitor, they will be able to assess the merit of any claim you may have.

HauntedNoddyCar · 05/02/2014 23:56

Are you in a union? That would be the place to start if so.

lookingfoxy · 05/02/2014 23:56

In that case I would get pictures asap before they realise what your doing and speak to a solicitor.

Slutbucket · 05/02/2014 23:59

I would speak to a company about it. I find the claim culture abhorrent but in this case your employer sounds like they need a kick up the arse!

Viviennemary · 06/02/2014 00:04

I agree with approaching Union rep first. And there should be a Health & Safety rep as well. The Union person should know who this is.

TheCraicDealer · 06/02/2014 00:06

The duty of care placed on employers is really, really onerous. If there was a hazard they're responsible, even if they weren't necessarily aware of it. I'm currently dealing with a job where an employee purposefully stuck their arm in a machine with moving parts while it was on, and they're still getting something. It's reduced by a % because they were bloody stupid, but the fact they were able to do it in the first place means the employer is liable.

Take a picture of the stairs / defective flooring / whatever next time you're in. It's should be fairly obvious if the hazard was there long term, due to the wear or discolouration of the flooring or concrete etc. Was there an accident book entry filled out? CCTV? You've got three years to intimate a claim, but honestly I'd go for it.

RabbitPies · 06/02/2014 00:18

I would in your situation as there's been blatant neglect.

I was involved in a workplace accident,also fractured my arm,well I didn't the thing that landed on me broke it for me,and 13 years later I still have a lot of problems,and pain with it. I liked my employers and they were genuinely sorry,but there was still blatant neglect and I felt justified in suing them,though it took me some time to make that decision.

Do get pics ASAP as others have suggested.

HandsOffMyGazBaz · 06/02/2014 00:20

I sued an employer once. Millions of years ago. I caught a hand in a machine. They hadn't provided work gloves, which being young and naive I didn't ask for. I wouldn't have sued only when I pressed the emergency button, it didn't work. Turns out they were just plastic decoys on all the machines. Not hooked to anything, not working.

I was off work for weeks and I was just happy that they paid for me when I was out. I asked that they sort the problem out with the emergency buttons but despite millions of promises, nothing was done. I felt it right to sue then, they learned a lesson, I got some money for plastic surgery on my injury and though I hate the compensation culture too, I felt it was right. Just do it for the right reasons.

Monty27 · 06/02/2014 00:23

Yes, I think you should call them on it. Do you have a union rep? Interesting how your sickness was pursued, but am I right in thinking they re-instated your pay?

Monty27 · 06/02/2014 00:25

sorry

the accident report was not pursued

innisglas · 06/02/2014 03:03

Suing and compensation has its place, despite all the abuses that exist. Some people have to be sued to put manners on them.

daisychain01 · 06/02/2014 05:15

Not an expert on this, but was just wondering, does taking an employer to court mean that you are pretty much writing off future employment with them? In other words do they brand the person as a trouble maker - I cant imagine you would be seen in a positive light.

Not saying you shouldn't take legal action (if you feel you have a strong case and for reasons) but how does that play out in the future?

SelectAUserName · 06/02/2014 05:32

daisychain You can continue to work for the employer and if they treat you less favourably because of your claim, they are potentially guilty of victimisation.

I managed a woman who, at the point of transferring into my team, was suing our company for injuries caused at work. It didn't affect how I treated her or, indeed, her application for transfer in the first. (Also public sector, incidentally.)

Of course I'm sure there are some employers who would victimise, or find more subtle ways of derailing that person's career, and there will be some situations where the trust between employer and employee is so fundamentally broken by the accident that it makes continued employment untenable. But it isn't automatically a given.

SelectAUserName · 06/02/2014 05:32

In the first place

greenfolder · 06/02/2014 06:36

This is precisely what health and safety law and compulsory employee liabilty insurance is for. Yanbu

neighbourhoodwitch · 06/02/2014 06:42

Yes - this has had a huge effect on you. They have insurance.

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