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Should I claim?
Former Member
Posts: 1,876,323 The Mix Honorary Guru
Helllo all,
I work for a major pub/resturant chain. Today whilst carrying two plates of food out of the kitchen I slipped on a mopped floor that had no sign to indicate so. It would not have been so bad had I not bashed my right knee into the cutulry dryer with my full 15 stone monentum behind it. One of the kitchen staff even comented infront of the others "there should have been a wet floor sign there".
I thought I'd shake it off and carried on working as it took a while for the true extent of the pain to set in. About half an hour later I realised I needed to have it looked at as the pain had progressively got worse and my gait was extremely awkward due to it. I told my manager who had the nerve to ask "Do you need to go or do you just want to go?"
I went to the local walk in centre, of which gave the uncertain diagnosis of possibly fractured, probably not - but definately a painful injury and suggested I rested it for a week to heal - but warned me of potential permenant damage due to the proximity of the injury to the knee joint. She also said I would not be able to walk properly (Without a limp) for atleast 3 days. To be sure, I went to A and E to make sure it was not fractured because my future career plans require me to be physically fit.
Luckily my pre-tibia was not fractured but the doctor at the A and E echoed the sentiment the walk in centre nurse made on there having being possibility of fracture and told me I was completely reasonable to go in for an X-Ray as the swelling was quite bad and clearly painful and would be difficult to walk on due to being so close to my knee joint. He said I "would be foolhardy to work until around 4 days recovery.
He perscribed me some strong pain killers, to take 3 times a day with food but told me to bear weight on the injury as much possible as it would speed up the healing process.
My family are telling me I have a completely justified and potentially worthwile claim, and I completely agree. I fell through no fault of my own and the correct procedure was not followed out and had it, I probably would not have fallen. I had no Idea the floor was mopped.
Question is, should I claim? Or are there any unforseen consequences of doing so? Would i become an outcast at work ? Would i become unemployable due to future references?
I work for a major pub/resturant chain. Today whilst carrying two plates of food out of the kitchen I slipped on a mopped floor that had no sign to indicate so. It would not have been so bad had I not bashed my right knee into the cutulry dryer with my full 15 stone monentum behind it. One of the kitchen staff even comented infront of the others "there should have been a wet floor sign there".
I thought I'd shake it off and carried on working as it took a while for the true extent of the pain to set in. About half an hour later I realised I needed to have it looked at as the pain had progressively got worse and my gait was extremely awkward due to it. I told my manager who had the nerve to ask "Do you need to go or do you just want to go?"
I went to the local walk in centre, of which gave the uncertain diagnosis of possibly fractured, probably not - but definately a painful injury and suggested I rested it for a week to heal - but warned me of potential permenant damage due to the proximity of the injury to the knee joint. She also said I would not be able to walk properly (Without a limp) for atleast 3 days. To be sure, I went to A and E to make sure it was not fractured because my future career plans require me to be physically fit.
Luckily my pre-tibia was not fractured but the doctor at the A and E echoed the sentiment the walk in centre nurse made on there having being possibility of fracture and told me I was completely reasonable to go in for an X-Ray as the swelling was quite bad and clearly painful and would be difficult to walk on due to being so close to my knee joint. He said I "would be foolhardy to work until around 4 days recovery.
He perscribed me some strong pain killers, to take 3 times a day with food but told me to bear weight on the injury as much possible as it would speed up the healing process.
My family are telling me I have a completely justified and potentially worthwile claim, and I completely agree. I fell through no fault of my own and the correct procedure was not followed out and had it, I probably would not have fallen. I had no Idea the floor was mopped.
Question is, should I claim? Or are there any unforseen consequences of doing so? Would i become an outcast at work ? Would i become unemployable due to future references?
0
Comments
An "Accident and Incident" form was filled in yes. There is no first aider at work; as I said I had to take myself to the walk in centre which luckily was on the same street , and from there got picked up and taken to A and E
Compensation.
Xx
Because work caused the OP to be injured, by not doing what they should and putting up a a wet floor sign. Injury compensation.
Xx
If you are on full pay for your sick days, you can't claim for loss of earnings, and if you have no long term problems, you can't claim for permanent damage or disablement.
I'm not sure from the original post if the OP has been paid in full for the time off, but if he has, and the injury is minor, I wouldn't claim. If he hasn't, or if there IS lasting damage, I would.
What Kaff said
Also, I am not reciving any sick pay whilst off. The swelling is worse today and it is near impossible to walk at all.
If your not receiving sick pay then I would say yes claim, however be prepared (even though they cannot fire you over it) to not be able to work there again.
Xx
Regardless of this though as his employer is responsable for causing the action "no warning signs of a wet floor" they should pay full pay for any time he is off sick, upto 1week signed off by himself and any further time off the doctos sign him off for due to the injury.
this is because if it was not for the companies negligence then he would not have sustained this injury and be off work.
Because there may have been negligence, which caused the injury, and has caused a loss of income. Such a thing isn't covered by a contract.
WHEN THE FUCK DID I SAY I WAS TO FUCKING GOOD? I said I wouldn't work there on grounds of my belifs.
You really are starting to fucking annoy me. Congratulations. *claps with sarcasm*
WTF are you on about, you are really missing the point, his EMPLOYERS caused the injury through negligence (inproper signing), therefore his employer is liable for any time off work he has (regardless of what the sick pay in his contract says) as he would not be off work if it was not because of them
:rolleyes: you really need to learn what your talking about before taking a high and mighty attitude.
What I don't necessarily agree with is people trying to claim for things that haven't particularly put them out, fuelled mainly by those shitbag no-win-no-fee companies.
If you click on geneve's name, and chose "view public profile", you can click "Add geneve to Your Ignore List" - as she seems intent on proving herself superior to a 12 year old, it might save you from having to put up with it.
Compensation would be classed as monies given to cover the Loss of Earnings (the difference between any sick pay and his normal wage) any doctor fees incured (luckily healthcare is free in the uk) but he can claim his prescription charges back if he wishes to, any legal fees he might incur from having to get legal advice on a possible claim and any awards given to him for any pain & suffering which is decided by an independant body (ie. a court)
:yes: It's not the first time you've writen about something you don't understand either. Say you worked for me, and I broke your leg... your telling me you wouldn't do anything about it?
On a side note, did you see the documentary on four regarding that the other night, the kid who got thousands for stubbing his toe.
I am fucking sick of you! You know NOTHING about me. DO NOT comment on me or my life because you know NOTHING. You, over these past few days, have made me very very angry. Do not EVER tell me what to do, do not EVER tell me about MY OWN VIEWS.
Get a fucking life of your own and stop commenting on mine.
Which is why an average of your previous earnings over a period of time would be taken.
I didn't, and it's probably a good job. I imagine it would have made my blood boil!
And it is a courts decission to give you what is due, if you claim and it goes to court, it is the courts choice to decide what they feel is appropriate for you to get should you win, this is why they are task which the job of deciding how much you should get for anything without a face value, eg pain and suffering.
Claiming compensation is the same as claiming insurance, you should never be out of pocket, nor should you profit for it, the only thing is certain things do not have a face value on it, therefore the courts decide how much it is worth.
they did it from 2 perspectives, one from someone who runs/works in a no wins no fee company, and the other is someone who helps protect the council from these no win no fee companies
:yes:
I thought they could, if someone was physically incapable of doing their job, no other duties could be taken and no adjustments could be made?
Yes, but as we're looking at a temporary injury here, those don't apply - but if he claims compensation he may well find they, coincidentally, no longer have a position for him