Work Accident

[Vickimf]

Hi

I am looking for any advice or if any had experienced similar. In August 2018 I had an accident at work building work was being carried out and a carpet had been ripped up one side of a door way. The other side had vinyl flooring this had been left unstuck.

I was walking though this area to go and fix a problem in another room. There were no signs or warnings. Had I was walking though my right foot got caught under the vinyl and I fell on to my right knee onto a Concrete floor. Luckily there was a member of staff in the room who helped me and fetched a chair and helped me up.

The site team were called and they pulled a mat over the area so no one else tripped. I though I was just bruised but when I continued having pain a few days later I went to my GP who took one look and sent me to A and E.

It turned out I had fractured my knee cap I ended up in a knee brace for 3 months and the fracture did not heal. I went back to work in the December I then suffered with my knee constantly swelling intense pain lack of sleep at nights etc. Due to this I had to have surgery in August 2019 to remove the fractured bone I was again of work until December.

I did fill in an accident at the time I have photographs witnesses etc. As far has I am aware the accident was not reported by employer. The flooring was not fixed until the end of August.

The flooring company had 3 employees in at the time unfortunately one of these we’re going though personal issues and we’re leaving jobs half done and was asleep in the van on multiple occasions. Unbeknown to me the site manager had spoken to the flooring company about his behaviour and was told to leave him alone because he was suicidal. There were other near misses around the building.

I am in a union so have used the solicitors recommended by them. There are three parties involved my employer who owns the premises the main building contractor and the flooring company who they sub contacted.

It is now at the stage where they are all blaming each other and no one will admit liability. I have been for a medical and I am waiting the report.

Just to complicate things even further I have a disability that affects my other leg so this has had a big impact on my life.

Sorry for the long post any advice or input would be welcome.

They could have reported it, you fill in an on line form, but as you did not die or result in a life changing injury ( amputation /loss of eye type injury) it is the local authority who would follow it up.
If in their report they should that further risk has been reduced it probably wouldn't be followed up. Local authorities really only follow up if they feel the employer has not realised that there is an issue.

Sorry posted too soon. You claim from your employers liability insurance and let them fight about whose responsible.

It's a pity this is taking so long.

Normally when this kind of thing happens the claimant sues all of them, and if and when it comes to trial the judge decides who is to blame. It doesn't necessarily have to be just one; two or all three could be held to have contributed. If your union is paying for your claim then I would expect the solicitors to know what to do, but you can always contact them and ask how things are going and what they plan to do next.

Thus should have been reported to HSE as it’s RIDDOR reportable. You can contact them directly and ask.

It sounds like your union solicitor isn’t very proactive/
Knowledgable. It might be worth contacting a personal injury solicitor, try and get a recommendation though as sone are complete sharks.

Make sure you document everything

Would of thought it would be your company under duty of care to provide a safe working enviroment .
Then work take it up with flooring people.

U can also claim for industrial injuries from dwp

Thank you for all of your replies it’s just getting very frustrating I am just hoping once the medical report comes though that things get moving

Just to add does anyone know how long on average it takes to a medical report to be produced?

Thanks

What does your solicitor say?

@Vickimf I’ve been through this process and it really isn’t a fast one I’m afraid, particularly if nobody has actually admitted liability yet and your solicitors aren’t on the ball. The medical report could take a few months but then it may recommend further specialists etc that you need to see. It also then needs to be looked at in the context of loss of future earnings etc. It’s a really slow process, particularly if the injury or prognosis are complex.

Thanks my solicitor is on holiday at the moment so I can’t get any answers. @Lolalovesmarmite @can I ask how long your case took to get resolved?

About 4 years in the end. And the other side had admitted liability at the beginning. It was a complex injury to multiple body parts though with quite an uncertain prognosis.

When DH had medical reports (numerous) I'd say it was at least 4 weeks before it was sent to solicitor. It was then forwarded to us to check it, offer amendments/corrections etc which then go back to the specialist for him to rewrite, back to us to agree/sign and send back to solicitor. His claim took five and a half years and that was with liability admitted in the first week. Complex case though with rare condition (crps).

Thanks @dontdoxmeeither to be honest I didn’t have the best of luck in my medical it was interrupted about about half way though by an irate gentleman that was 40 minutes late for his appointment so thought he would barge in.

This left me off guard so I am worried I left out some information I suppose I will just have to wait and see.

Thank you to everyone that has replied so far I really appreciate it.

Hi

Just a quick update I have got home from work today and have a copy of my medical report. They have recommended that I have another medical in a years time so they can see how I am then.

My solicitor has also recommended that I wait until the future medical so that I do not settle to early and then continue to have problems.

I have just emailed her to ask what if the company was to cease trading etc in between this time etc.

Good question to ask, though they'll probably be covered by their insurance I would imagine (I'm NOT an expert in that subject though!)

For what it's worth, DH's consultant preparing the medical report said exactly the same and thank goodness he did as it DID get considerably worse.

It is sooo frustrating I know, seems a lifetime. Financially, some companies will agree to an "interim payment" if needed and usually, if liability has been admitted. Might be worth checking with your solicitor. Continued luck and keep us updated!