accident at work

#1 2010-07-05 02:57:51
taz

Guest

accident at work

I NEED SOME ADVICE.I WAS AN APPRENTICE ELECTRICIAN AND I HAD AN ACCIDENT AT WORK JULY 2008 WHERE I FELL OFF SOME STEP LADDERS. THE STEP LADDERS WERE ILLEGAL (MADE FROM WOOD WITH NO RUBBER FEET OF STILES) BUT I WAS MADE TO USE THEM BY MY SUPERVISOR WHEN I WAS STILL AN APPRENTICE. I LANDED ON A CONCREATE FLOOR WITH MY LEG TRAPPED IN THE LADDER AND FELL WITH MY BACK TO THE FLOOR. NOW MY SUPERVISOR HAS ONLY EVER HAD THEM SET OF STEP LADDERS BUT HAS ALWAYS ASKED FOR SOME PROPER SAFETY STEP LADDERS FROM THE COMPANY WE WORK FOR BUT WAS NEVER GIVEN THEM. AFTER I FELL OFF NOT JUST MY SUPERVISOR BUT ALL THE TRADESMEN IN THE COMPANY GOT NEW STEP LADDERS, HEALTH AND SAFETY FORMS, RISK ASSESSMENTS AND WERE PUT ON SAFETY LADDER COURSES. THIS CLEARLY SHOWS THE COMPANY WAS IN THE WRONG. I TOOK OFF 4 WEEKS OFF WORK AND WAS REPTATIVLY HARRASSED BY MY MANAGER TO COME BACK INTO WORK ALTHOUGH I HAD A SICK NOT. I WAS CALLED NUMOUROUS AMOUNT OF TIMES AND HE ALSO PAID ME A VISIT AT HOME WHICH I WASENT TOO HAPPY ABOUT.
I DONT HAVE ANY PHOTOGRAPHIC EVIDENCE BUT I DO HAVE DOCTORS SICK NOT RECORDS. I DONT HAVE ANY PHOTOS OF THE LADDERS NEITHER BUT MY SUPERVISOR STILL HAS THEM AT HOME. I DO HOWEVER HAVE THE DATE AND TIME OF THE ACCIDENT AND IT IS RECORDED WITH THE NATIONAL ACCIDENTS LINE.
CAN I SEW THE COMPANY FOR THIS AND TAKE ACTION AGAINST BEEING 'BADGERED' WHILE ON SICK?
CAN ANYONE RECOMMEND THE BEST SOLICITORS/COMPANY TO DEAL WITH THIS TYPE OF CASE?
ANY HELP WILL BE MUCH APPRECIATED.
THANKYOU

#2 2010-07-05 13:00:10
SWAA

Member

Registered:

2010-06-03

Posts: 20

Hi Taz

Sorry to hear about the accident - I assume that you're back working ok again now.

In short, from the information that you've given, it sounds like you may have a claim for compensation.  Where work involves employees having to deal with equipment that could be dangerous or hazardous then proper instruction should be given, the necessary riak assessments undertaken, and procedures put in place to deal with them.  Most importantly, any employer should only provide equipment that complies with requirements.

From your note it seems like your employer started to do all the right things.....after your accident!  It is good that the accident was recorded and clearly the company took notice of it and decided to act.  Your fall led to you being away from work for a month, and you were signed-off by your GP - these are all things that would be taken into account .  It seems that you might still be able to get to the step-ladder as evidence.

In a claim such as this you would be able to claim compensation for the pain and suffering from your injury; in addition if you lost pay through being off work you can claim for that, as well as any out-of-pocket expenses.  Once all the details are available a better 'estimate' of a claim can be made.

Taz, you have 3 years from the date of the accident to make a claim (unless you were under the age of 18 when it is 3 years from attaining the majority age) and you would be looking for this to be run on a Conditional Fee Arrangement (better known as No Win No Fee) so that you keep 100% of the compensation award, as well as removing any risk to you in running the case.  You need to use a specialist personal injury solicitor that is experienced in Employer's Liability cases.

What I usually say to employees looking to claim is be aware that it can be a bit 'difficult' at work (you don't say whether you still work for them or not) once they know that a claim is underway.  However, there is no excuse for poor or dangerous work practices and the speed in which they made changes after your accident highlights that they knew that improvements were needed.  In addition, why should you be the one left worst off?  The business will be covered for employer's liability and that's who will deal with the claim from their side.

I hope this helps - good luck!

Steve

Offline
#3 2010-07-13 13:13:27
MartynBrown-IntegrumLaw

New member

Registered:

2010-07-13

Posts: 3

Taz, I am a solicitor specialising in accident clainms and would be glad to help you claim compensation on a no win no fee basis.

Martyn

Offline