Aibu to sue over slip at work?

[RunningOnCoffee6385]

I had a slip last year at work and fractured my wrist as the floor was not gritted. I'm all healed mild ache and pain here and there but I'm all good.

Some of my colleagues have mentioned/suggested I should put in a claim as if it was a customer that had the accident they would sue so it shouldn't be any different for me.

It affected my life (single parent, very active all these were difficult and affected during healing process) however I did get 6 wks off work and I'm also terrified of being targeted by management if I claim. I work for a very large organisation if that makes a difference.

Aibu to put in a claim given I already had 6 wks off?

I'm sure there will be something in their health and safety handbook, the Union will also know.

They paid you during your sick leave, op. You haven't suffered any monetary loss.

So not the floor, then... 🙄

What would you be suing for if you were fully compensated financially?

Assuming (based on you saying no financial loss) they have covered your full wage whilst being off and no permanent disability as a result then YABU. 6 weeks on full pay is pretty good. And a broken wrist wouldn’t stop you getting on with life as normal at home so 6 weeks full pay and being fit to do what you want, I think you’ve had it pretty good.

I recon unless it affected my ability to drive I’d still have been expected to attend attend work on light duties.

For a compensation claim to be successful, you will need to prove three things. (1) the company owed you a duty of care - easy-peasy, they did, (2) the company failed in their duty of care - this is where it gets tricky and (3) the lack of care lead directly to the injury - easy, if you prove 2.

For 2 you will need to look at the risk assessments and safe systems of work. Then has a gritting protocol been put in place to reduce the risk of slipping to as low as is reasonably practicable? Note that the company does not have to remove all risk, just to reduce it as low as it can based on a cost benefit balance. I think it is reasonable to expect that unfortunately, on an icy day, you are never going to fully remove the risk of slipping.

If you pass these three tests then a compensation claim might succeed. The benefits of bringing the claim may be a financial award for you, and will certainly make the company look at their gritting procedures again but they should have done that after your accident.

I'd speak with the union and / or station safety reps and decide if its worth pursuing or not from there.

I broke my wrist 3 years ago and it does still ache. Especially when it is cold , they put a plate in and I think it transmit heart / cold differently.

The employer will have liability insurance. It shouldn’t really affect your employment. Have you really suffered no financial loss? Transport to hospital for check ups casting, removal, physio/ childcare expenses/ increased food or travel expenses whilst you were one handed. I can’t lift more than 5kg with that hand which is permanent.

I’d have a quiet chat with a decent solicitor and see what they say. I don’t think you’d get a massive payment but probably something.

Not true. Gritting is not an admission of liability, it's a method of trying to reduce a risk. What companies need to do though is make sure if they do grit, they don't introduce any further hazards.

Sorry - meant to quote the post up-thread about gritting being an admission there is a problem that they may be liable for

Are there public information boards at that station?

In my experience, many warn of underfoot conditions if a change of weather or inclement weather is due. Not just on information boards but here they also make announcements on the train.

Were you not aware of the weather conditions?

On my commute, I expect stations to be slippy unless they have obviously been treated. Even then I am careful as I’ve been aware of underfoot conditions on my walk there and conditions can change from hour to hour.

I too wear safety boots but also wear grippers if conditions are tricky.

I’m aware that not everything can be treated immediately. Staff cuts have been well publicised and conditions differ station to station.

At my place of work, we are responsible for treating icy areas. If you notice it, you treat it or arrange for it to be treated. Was there a grit bin nearby? Could you express your concerns to anyone before your work commenced?

It is awful that you’ve injured yourself and I hope you are now fine.

Then why sue?
Good luck for your future job applications.

I'm not sure what you would be suing 'for' unless you have suffered financial loss or permanent injury.

Gritting is not an admission of liability, it's a method of trying to reduce a risk. What companies need to do though is make sure if they do grit, they don't introduce any further hazards

Yes, this is what our solicitors advised when I used to run a public building

Trouble was, they also said that failing to check the gritting had worked and not topping it up whenever necessary could also count as an additional hazard, and that this is why many don't do it and rely on warning signs instead

Grabby mcgrabby!

I'm not sure how right it is, but I've been told before that as snow/Ice are 'acts of nature' you can't really claim for an accident as a result of that. However if steps taken to grit the surface haven't been sufficient then there could be a possibly case.

Have you fully recovered?

You don't just get your financial losses in an injury claim, but damages for the injury itself as well. The amount depends on severity of injury/duration/prognosis.

If you had anyone helping you with personal care/childcare then that can also be claimed (approx. £10/hour).

People say 'oh you should sue' and things like that, throwing out comments as if it's easy peasy. They then forget about it and go back to their life. In reality, it will only bring you stress. Your relationship with your employer may never recover and rightly or wrongly, if there is ever a need to 'let someone go', your name will be top of the list.
If you had a genuine clear cut case it would be different but as you suffered no financial penalty and are back at work, I would accept that accidents happen in any part of life and move on.

Interesting op didn't return!!

Maybe it was just a load of rubbish

Exactly this.

A personal injury claim isn’t just about financial losses. They’re claimed separately to an injury claim for pain, suffering and loss of amenity. But usually there are expenses to be claimed on top.

From memory my PI claim was £5k for PSLA, and £1.5k in expenses.

Meh, you might manage to get a few grand (1.5-5k type of figures). But I’d imagine in the event if redundancies you’d be higher up the list. I suppose it depends how much you enjoy your job? You said yourself that it’s mainly ‘all good’ so I wouldn’t want the hassle and stress for the relatively poor return.

It is indeed a thing. Just like councils don't have a legal duty to sweep leaves or many other things we assume they have a legal duty to do.

Absolutely not. It was an accident - these things happen. P.us there was no financial loss, so I'm not even sure how you would calculate it.

Sorry - I meant "absolutely not" as in "don't sue". To sue a company for an accident would be very unreasonable.

I had an injury at work. I slipped on a metal door frame that had got wet due to rain. I broke my elbow and nose, ended up having an implant put in my arm as the break was so bad.

I was off work for 3 months as surgery kept being put off. I suffered financial loss. All my colleagues kept advising me to claim. I approached 3 different solicitors and none of them felt I would win a case so refused to take it on.

I didn't pursue it further.

I was recently assaulted at work. Just told police I'm not pursuing it now. The guy is on a bit of a mission and to be honest I can't be arsed!