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Should I claim?

Former MemberFormer Member Posts: 1,876,324 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?

Comments

  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    i would certainly consider it
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Did you fill in the accident book at work, were you seen by the first aider?
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Big Gay wrote: »
    Did you fill in the accident book at work, were you seen by the first aider?

    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
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    geneve wrote: »
    What are you claiming for exactly? You should be able to take the reccomended time off whilst on full pay and the doctors haven't mentioned any complications or long term implications of the injury so what's the problem?

    Compensation.
    Xx
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    geneve wrote: »
    ...for what?

    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
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    I think what geneve meant was what could the OP be compensated for?

    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.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Kaff wrote: »
    I think what geneve meant was what could the OP be compensated for?

    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
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    The fact that I injured myself at all due to negligence by the employer is grounds to claim legally anyway, so that's non-issue.

    Also, I am not reciving any sick pay whilst off. The swelling is worse today and it is near impossible to walk at all.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    BoredOften wrote: »
    The fact that I injured myself at all due to negligence by the employer is grounds to claim legally anyway, so that's non-issue.

    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.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    ermm.. because you get money.
    Xx
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    geneve wrote: »
    Double check your contract, it's unusual not to have a few weeks on full or half pay for sick leave.
    .
    I think you missed the bit where he said he was working in a restaurant - not a trade well know for doing anything more than the bare minimum.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    geneve wrote: »
    Double check your contract, it's unusual not to have a few weeks on full or half pay for sick leave.

    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.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    geneve wrote: »
    Well if it's well known I'm suprised he think's he due anything. A contract is a contract, you both agree to it.:

    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.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    geneve wrote: »
    B-A, I somewhat expected that response from you. You're too good to work in MacDonalds even if you had no money yet you would try to milk an injury. :yuck:

    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*
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    geneve wrote: »
    Well if it's well known I'm suprised he think's he due anything. A contract is a contract, you both agree to it.

    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.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Where someone's lost earnings because of someone else's negligence, it's fair enough that they try to claim them back.

    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.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    You really are starting to fucking annoy me. Congratulations.

    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.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    geneve wrote: »
    I would agree with that. But compensation?

    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)
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Hellfire wrote: »

    :rolleyes: you really need to learn what your talking about before taking a high and mighty attitude.

    :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?
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Kaff wrote: »
    Where someone's lost earnings because of someone else's negligence, it's fair enough that they try to claim them back.

    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.

    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.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    geneve wrote: »
    B-A, I'm realising you tend to fly off the handle somewhat too so perhaps that ignore thingy is a good idea!

    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.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    geneve wrote: »
    I'm not taking a high and mighty attitude but if you haven't fought to have a nice cushy contract you can't then be demanding of the correct standards. Of course his employer should cover any cost incurred from the injury, including loss of earnings. But if you're on an temporary contract then you have no garanuteed earnings, hence no loss. I'm not sure if this is the case here but you seem to be giving the impression that the industry traditionally doesn't provide much, but this guy must have known that starting the job.

    Which is why an average of your previous earnings over a period of time would be taken.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Hellfire wrote: »
    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 didn't, and it's probably a good job. I imagine it would have made my blood boil!
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    geneve wrote: »
    I thought I would just reiterate what I said, oooh look, seee I would claim, what I'm due and no more.

    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.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Kaff wrote: »
    I didn't, and it's probably a good job. I imagine it would have made my blood boil!

    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
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    I would certainly expect to be paid during the time off you have to take as it is due to an injury sustained whilst at work that you have to take time off. I wouldn't seek compensation though. I would, however, insist that the staff member(s) responsible for not putting out the wet floor sign be given a strict talking to and the need for the correct signage to be put out after cleaning the floor be highlighted to try to stop this from happening again.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Fruit Loop wrote: »
    I would, however, insist that the staff member(s) responsible for not putting out the wet floor sign be given a strict talking to and the need for the correct signage to be put out after cleaning the floor be highlighted to try to stop this from happening again.

    :yes:
    however be prepared (even though they cannot fire you over it) to not be able to work there again.

    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?
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Melian wrote: »
    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
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