If you had an accident at work would you claim?

[PergolaPrincess]

I recently was in an accident at work. It is 100% their fault. It is negligence on their part.

I have spoke to Occupational Health and they have suggested I put in a claim.

I have never in my working life done anything like this, and I am not comfortable with it. However, I am injured and signed off sick for a couple of weeks and I cannot do my usual routine. In fact my injury has stopped me doing any physical activity which has also affected my MH. Also, I think that someone is going to get very injured there and I don't want to just brush it under the carpet and then see someone else get hurt.

Would you claim from your employer if you were injured at work? If you have, did you feel you had to leave, or it affected your day to day there?

YABU No
YANBU Yes you would

Well, it depends on what happened, how it happened and what should have happened instead. Also the injury sustained.

yes.thats why they have insurance.its not personal

Yes, my employers and manager would encourage me to do this. That’s what insurance is for.

I did. I broke my arm in an overcrowded area (flagged up by union previously) and got 10k c. 2001. No regrets.

Since you're certain they were entirely at fault and even OH have suggested you claim, then yes I probably would claim

If it helps with the wobbles, maybe consider how quick they'd be to ease you out if the injury had left you completely unable to do your job

Of course you should claim, that’s why the health and safety legislation exists.

There are two issues here:

1. Financial claim for compensation;
2. Your employer's reaction and follow-up to a serious H&S incident.

How has your employer responded to the incident? Have they taken steps to prevent it happening again? If you've been signed off for a couple of weeks it sounds like it should be a 'reportable incident' under RIDDOR and reported to the H&S Executive:

"Work-related accidents must be reported where they result in an employee (or self-employed person) being away from work, or unable to do their normal work duties, for more than 7 consecutive days as the result of their injury."

www.hse.gov.uk/riddor/types-of-reportable-incidents.htm#reportable

It would depend on the injury, the company and the circumstances

Yes. I was that manager, and I welcomed the claim. Employers will have insurance.

(If you want to know the deets, employee fell on wet floor where cleaner had failed to put up a wet floor sign. It was a complicated situation, made worse/more time consuming by the fact that the cleaner was an agency worker.)

Why does the injury matter? She’s injured and her company is at fault. That’s enough for a claim.

Yes, because it's the most effective way to make them take responsibility and change their practices.

Yes - and I did and even I was amazed at how much I was awarded

It was totally 100% their fault

At first I thought I had just strained my arm saving myself from falling face down, within a week of so I was in agony, I spent 6/8 weeks not able to lie down to sleep, needed help dressing, couldn't drive .....

I had to sign on for SSP and ended up having to claim my PP to make ends meet

Ive had to change jobs, I can no longer carry as much as a bag of shopping. I have no real strength in my arm still 2.5 years down the line. I suffer with neuralgia, pins and needles and numbness in my hand

Took me about 3 months after the accident to realise I needed to claim, like I said I just thought I had taken a bit of a knock

Like you I felt awful about doing it. It was a local company, I run into the other staff loads, but its nothing personal - they have insurance in place for this exact reason

@nomaswell it would depend if it was a couple of stitches with no more lasting damage or something more serious with recovery time, hospital visits etc and also depend on the company’s attitude to the accident. DD broke her wrist at a birthday party. Technically I could have sued them but she quickly recovered and she was fine. In the OPs case no I wouldn’t feel bad about getting compensation. She is entitled to it

Minor injury with no medical evidence to support the claim will result in no real outcome.

OP needs to have evidence to support a claim.

It also matters whether OP was properly trained, taking the appropriate precautions themselves and what the employer should have been doing to keep them safe vs what they actually did.

If OP has been signed off sick for weeks, this should also be reported under RIDDOR to HSE or the council (depending on the job and workplace, it changes who the enforcing body is for H&S).

A criminal investigation tends to focus the mind of most employers and duty holders.

I'm an ex H&S Inspector, it's not as simple as "I got hurt at work and someone told me to claim".

Well the OP said she is ‘injured and signed off sick for a couple of weeks and I cannot do my usual routine. In fact my injury has stopped me doing any physical activity which has also affected my MH.’

So more than just a couple of stitches.

None of that precludes her putting in a claim.

If the accident happened because there was a health and safety risk in the workplace that hadn't been addressed, and it caused injuries that affected ability to work then yes. If it was just a freak accident that couldn't be predicted then no, or it was from a risk but injury was mild and management immediately addressed the risk and did an inspection to check for more risks then also no, because they've already learnt their lesson and I wouldn't need compensation for a mild injury. I would claim workplace insurance for healthcare costs (not uk, healthcare costs) for any injury and did for an injury I sustained on the way to work (but then couldn't be arsed to send them the bill as it was so small in the end)

Their fault yes, because I did something stupid or a genuine accident would have happened anyway no

Yes. Why wouldn't you?

As the company were at fault and could have prevented the accident, so it happened due to their negligence, then yes I'd claim, particularly if I was out of pocket.

For some reason, you feel like there's something wrong with making a claim. As if its a personal or moral failing. But it would only be wrong if you were making a false claim, and you aren't.

Everytime I have been injured as a result of negligence by other people/companies, I have made a claim. 5 motor claims, 2 claims against the Council and a claim against the Criminal Injuries Board.

So yes, make a claim against their EL Insurance policy.

Yes, once you put in a claim the insurer will look at the circumstances and, if they think an inspection is required, then they will inspect the work place to assure themselves this won’t happen again.
Think of it as you are doing your colleagues a favour!

Depends on circumstances of course. Fault is not alway straight forward so document everything and keep receipts for any expenses incurred eg bus fare to hospital, taxi if you can’t drive etc. money for pain and suffering will depend on severity and also if your sick pay is in full or not

If it’s a health and safety matter the hse must be informed too