Accident at new work place, would you make a claim?

[Mrsrims]

I am a month into a new job when I have an accident, leaving me unable to work for 6 weeks due to the injury. I also have another job, which I am unable to do.

I am receiving full pay from job where accident occurred & ssp from other job.

The injury is making life hard at the moment in every aspect, plus the pain & discomfort.

People have said make a claim, but i don't know what to do? I feel uneasy about it but when the pain relief wears off i'm going to do
it....

Was your employer negligent?

apparatus which we use, was incorrectly stored by another employee & fell on me causing the injury, would you say that the employer was negligent?

you have three years to bring a claim so you have plenty of time if you are worried about creating a bad impression

Well, I'm not sure if you can say the EMPLOYER was negligent - unless they're meant to check how apparatus has been stored every day. Sounds like that one employee was negligent.

If you're receiving full pay and also ssp, why do you need to claim (genuine question). Are you out of pocket from the other job? Sometimes accidents just happen.

Hope you recover quickly.

Oh right, yes i am worried about creating the wrong impression plus i need the job. Thanks

cocktail - Yes i am out of pocket due to only getting ssp from other job rather than full salary.

It's virtually everyone who sees my injury says it to me, I thankful have never had an accident at work before, so really wondering what people would do.

You don't have to decide now. I had an accident at work where I fell down some stairs due to one of the stairs being chipped at the edge. I took sometime off and then returned to work and I decided not to take it any further and I never regretted not taking it to court, however I recovered well and had no lasting pains from the fall after a few weeks and they fixed the stairs.

My advice would be don't make your mind up just yet, take your time to weigh up your options.

Thanks 2nds

Employers are responsible for the actions of their employees - it's known as vicarious liability.

I would wait and see how you recover and if the issue has been rectified when you return.

If another employee was negligent, then the employer is vicariously liable for their actions that caused you to be injured.

Even if you're getting full wages from both jobs, you'd still be entitled to claim for your pain and suffering. Your claim will be for lost earnings and pain and suffering, plus any other incidentals you've had as a result (buying painkillers, bandages, taxis to hospital, etc). You shouldn't be left out of pocket for anything.

Has your work arranged for you to have physio or anything to help? They should do (paid for by them/their insurer).

Has it been reported via RIDDOR?

Wait until you have been employed for two years and then bring a claim. It isn't a relevant statutory right so they could easily dismiss you if you were to sue them before gaining full unfair dismissal rights!