Hi all, I had a fall at work last month which resulted in a serious injury and needed immediate surgery.
I was in the yard at work away from my vehicle, it was dark and I tripped and fell in a pothole, not my fault and I was wearing all the correct ppe, hi-vis , safety boots etc.
Not heard anything from my employer since the accident and I’m only being paid SSP, I’ve been signed off work for 6-8 weeks and I cannot afford to stay on SSP all this time.
Looks like I’ll need to make a claim against my employer just for loss of earnings if nothing else as I’m not to blame for this accident but as I haven’t done this before I’m wondering what I need to do? How long it will take? And what recriminations I can expect from my employers!
get some photos of the pothole before they fill it in. Are you a union member? If so contact your rep ASAP. Did you fill in the accident book after the incident? Did you have any witnesses? I’m sure there’s a load of no win no fee lawyers that will take your case on if you can get the evidence
Legally there can be no recriminations from your employer. However proving why you suddenly dont get overtime or you end up with all the crap runs is very hard.
One of the biggest things with personal injury claims is neglegence. A lot will hinge on if the pot hole had been reported prior to you injuring yourself. If not, how can they fix something they’re not aware of. You say it was dark. Was there lighting? Was it working, shiukd it have been on?
Best thing to do is contact your union if you are a member as mist offer legal advice and will take your case on for you. If you have a household insurance policy, this may also have legal cover. Try and avoid the parasitic no win no fee bandits.
Thanks for the advice, I’m not a union member unfortunately but I have friends in the legal trade but they’re the no win no fee mob. I didn’t get any photos of the pothole but I believe a company representative took photos shortly after I fell, no one witnessed me fall, another driver saw me on the floor after I’d fallen and another helped me after I nearly passed out due to the pain but as I wasn’t at my home depot I don’t know their names and I was in so much pain at the time I didn’t take them for evidence etc.
Lighting was on but it was poor, just basic security lighting and the ground was wet, while I was waiting for a lift to the nearest A&E I did overhear several drivers saying that the hole had been reported several times over a long period of time and nothing had been done about it. I think I’ve got a pretty good case but I don’t want to jeopardise my future at my company and I’m pretty sure I will if I take legal action!
LanceMountain: Not heard anything from my employer since the accident and I’m only being paid SSP, I’ve been signed off work for 6-8 weeks and I cannot afford to stay on SSP all this time.
Looks like I’ll need to make a claim against my employer just for loss of earnings if nothing else
The easiest and most simple thing to do, and its one a solicitor would ask you if you’ve done anyway is…
contact your employer and ask them if they are prepared to make up any shortfall in wages you have suffered as a result of your accident at work. Then you’ll know exactly where you stand, its no good guessing and thinking of claims if you havn’t spoken to them. They might just say…yes, no problem.
As above mostly but most employers will usually be as helpful as possible with wages etc as it will cost them a lot more in the long run if they force you to claim against them.
Sounds like you have a decent case against them but talk to them before you make any decisions.
You need to get photos-video asap,then get the union involved ,don,t be fooled by solicitors they don,t give two [zb]s for you they only care about the money…and screw the company,get that claim in ,don,t wait,how can you live on ssp-it a joke .
maestegboy:
You need to get photos-video asap,then get the union involved ,don,t be fooled by solicitors they don,t give two [zb]s for you they only care about the money…and screw the company,get that claim in ,don,t wait,how can you live on ssp-it a joke .
Look after number 1,good luck.
Your advice i agree with 100%.Look after number 1. IF you did this you wouldn’t have an accident, thats what they want you to do ? !!! If its so definate that you can’t live on SSP then you should be shouting from the rooftops about how fellas should follow safe working practices to avoid this scenario ?
But you say…screw the company/get the claim in ?
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