To claim or not to claim?

[barker967]

Ok, i`m in a bit of a quandry. Broke my foot while at work last month and am signed for six weeks, the site i did this on has been a trip and slip hazard for months and we have been trying to get it sorted for just as long but the company wouldn`t spend the money (ironically now they will).

Originally I wasn`t going to put any form of claim in but as the time has gone by and im sat at home bored the possibility of getting a few grand is becoming more and more tempting. Not to mention the fact i`m gonna lose money for 2 weeks as i only get 4 weeks on full pay, 2 will be half.

So my question is if you were in my position would you pursue no win no fee?

[Mossy]

Depends on your relationship with your work is but sure your entitled to claim.

[scaryjim]

Do you want to leave employment with a good relationship and a decent reference? Do you want to continue working there for the forseeable future? If the answer to either of those questions is yes then I'd suggest starting a no-win no-fee action without discussing the hazard, the fact that the accident was caused by work, and whether the company is willing to pay some compensation voluntarily (not to mention the concept that they won't pay full pay for the entire period of absence caused by an accident at work) would be foolhardy. They are *not* going to like receiving a solicitor's letter all of a sudden.

I'd talk to your HR department, particularly about the fact that you won't get full pay for the entire absence (which seems a bit of a mickey-take to me), and see if they're willing to provide *at least* make up compensation for the loss of earnings. I'd also go into that meeting with a list of any additional expenses or considerable inconvenience you've had to deal with because of the broken foot, so you can discuss whether they'd be willing to provide any additional compensation based on that. That way you've approached it in a reasonable manner and given them an opportunity to express their view.

If they just give you a flat "no, forget it", that's when you start a compensation action...

[barker967]

I need to ring HR department tomorrow so will have a conversation with them. I have a weeks holiday booked the first week of November so will see if they will pay me that as it is already booked. It`s not like im going to need the holiday for the rest of the year.

[Lucio]

Since they're not paying your full salary for the 6 weeks then definately persue a compensation case. Providing the accident wasn't due to an error on your part, and can be proven as a breach of their H&S responsibility, you are entitled to claim at least for any "loss of earnings".

The first step as scaryjim has said though, is to talk to your HR department. Make sure that you give them a fair chance to be reasonable and pay your salary in full, and also make sure that it doesn't count against your "sickness allowance" or holiday entitlement. In effect, the default state is for you to get exactly what you'd earn if you'd been working (including any likely overtime if your job includes it on a regular basis).

[GoNz0]

point out the facts, you had the accident at work due to issues they did not sort, due to this you expect them to pay you full wages + compo for the pain and discomfort and not to take into account this time off sick as its works fault, explain if they say no you will be claiming compo to make up for your wages/pain & inconvenience

[barker967]

Cheers for the responses, the compound in question has been a horrible place for a long time, we have had people come in and give quotes to have work completed on several occasions and as is always the case nothing gets done until something happens.

I will have a chat tomorrow and see how the land lies, I don`t want to take action against a company i work, but I also cannot afford to lose 2 weeks worth of money, would be close to £800.

[jimbouk]

always the case nothing gets done until something happens.

Isn't it just! We had wires dangling out the roof of the hall in our block of flats and I always wondered what they were for. Turns out it was a replacement fire alarm that hadn't been fitted - until someone almost dies and a flat was ruined when a fire broke out and they were sleeping!

I hope it works out for you without having to claim, but you certainly shouldn't be out of pocket for something caused by the company not being bothered to fix a problem they are aware of.

[0iD]

Where there's blame...

There's a claim!

[Tumble]

If you've had quotes come in for corrective work that haven't been actioned, and would have prevented the accident, then you're pretty bulletproof if you do want to go down the claim route. It does start to get shaky if you have no documented evidence that you/your workmates have raised issues with H&S, but I'm not a lawyer, and what I've just said is only common sense really...

[Biscuit]

but I'm not a lawyer, and what I've just said is only common sense really...

and therefore probably the opposite to the law

[chadders]

Have you notified your local council's Environmental Health department?

(they would typically have an EHO with some knowledge of H&S look into this, from a point of view of ensuring the company addresses any issues they identify and would look into your accident, but only from a point of view of them prosecuting the company - which of course any findings are useful to any claim you would make).

Accidents in the workplace

Your employer must report serious work-related accidents, diseases and dangerous incidents to the Incident Contact Centre of the Health and Safety Executive (HSE). They must report:

* death
* major injuries, eg a broken arm or ribs
* dangerous incidents, eg the collapse of scaffolding, people overcome by gas
* any other injury that stops an employee from doing their normal work for more than three days
* disease

The reporting must be done by your employer, but if you are involved it's a good idea to make sure it's been reported.

Sick pay

In most cases, if you need time off because of an accident at work, you will only have the right to statutory sick pay. Your employer may have a scheme for paying more for time off caused by accidents, or may decide to pay extra depending on what has happened.

Making an injury claim

If you have been injured in an accident at work and you think your employer is at fault, you may want to make a claim for compensation. Any claim must be made within three years of the date of the accident, and you will normally need a lawyer to represent you. If you belong to a trade union, you may be able to use their legal services. Otherwise, you should speak to a specialist personal injury lawyer.

By law, your employer must be insured to cover a successful claim. Your employer should place a certificate with the name of their employer's insurance company where it can be seen at work. If not, they must give you the details if you need them.

If you are considering suing your employer, remember that the aim of legal damages is to put you in the position you would be in had the accident not happened - it's not about getting hold of some 'free' money.

edit: whilst you're worried about any repurcussions from work, ask about this upfront when you call up - there can be many ways of the EHO finding out about the accident and following it up, without your employer thinking it has come from yourself.

[Blitzen]

This is possibly a RIDDOR reportable incident, and by law, if it is not reported, your compnay could be in for a SERIOUSLY hefty fine.
If you have broken bones, regardless of whether your employer knew about the potential or not, the Health & Safety Executive need to be informed asap.

Have you notified your local council's Environmental Health department?

This isn't in the EHO's scope now.
A building site (as this sounds) is definitely in the scope of the HSE.

[Domestic_Ginger]

Watch out for these injury lawyers 4 u people. I know the ones relating to criminal injuries entails them just filling out a form and sending it off; something you could do as the emergency services are the ones required to do the paperwork anyway. I know because I did it for a little (working for the emergnecy services).

[chadders]

This isn't in the EHO's scope now.
A building site (as this sounds) is definitely in the scope of the HSE.

I'm aware of that but without knowing the full details, it would be best to go through the local H & S EHO team (if there is one) who will happily bump it up as appropriate.

[lindsay1982]

i hope you remembered to fill in the accident book as that could be vital for you if you claim for compensation in the future.

you should always fill out an accident book even it's a near miss and state what happens

good luck with your decision