Can I claim?

NeedToKnow22

I had a bad fall at work and had to have surgery. The tricky thing is that it happened after my shift but still on the premises and I had been drinking with my boss.
Does anyone know if I am still eligible to claim ?

ianob7

NeedToKnow22 wrote:

I had a bad fall at work and had to have surgery. The tricky thing is that it happened after my shift but still on the premises and I had been drinking with my boss. Does anyone know if I am still eligible to claim ?

If this is serious I would imagine the drinking would kill any chance of you claiming

NeedToKnow22

ianob7 wrote: »

If this is serious I would imagine the drinking would kill any chance of you claiming

Thank you, that's all I needed to know

ianob7

NeedToKnow22 wrote:

Thank you, that's all I needed to know

No legal expert though so could be mistaken.

domrush

Was it the workplace's fault you fell e.g wet floor with no sign up or did you just fall down the stairs etc

NeedToKnow22

domrush wrote: »

Was it the workplace's fault you fell e.g wet floor with no sign up or did you just fall down the stairs etc

No I literally just stumbled and fell

rawn

NeedToKnow22 wrote:

No I literally just stumbled and fell

You should definitely claim then. Let us know how you get on.

davo10

Priceless.

NeedToKnow22

davo10 wrote: »

Priceless.

Why is this priceless ? I'm here looking for advice! There's no need to be so smart

knipex

Was it your employers fault ?
Were they negligent ?
Did they do something wrong ?

From your answers i appears the answer to all the above is no so why would you expect to be able to claim from your employer ??

NeedToKnow22

knipex wrote: »

Was it your employers fault ?
Were they negligent ?
Did they do something wrong ?

From your answers i appears the answer to all the above is no so why would you expect to be able to claim from your employer ??

I have no clue that's why I came here to get advice.

Loveinapril

Common sense would indicate that if you fell under the influence of alcohol it is your fault. Why would you think you could get a payout because of it?

Dr. Kenneth Noisewater

Think a couple of ye might be being a bit hard on the OP. I don't think he/she is looking to actually engineer a claim.

Edit:

NeedToKnow22 wrote: »

My boss is the company owner . Thanks for the advice . I'm meeting with a solicitor today to see where I stand

On second thought, maybe he/she is trying to engineer a claim. Shame on you OP.

Loveinapril

The OP was under the influence of alcohol and stumbled and fell because of it. They obviously hurt themselves but they were responsible for the accident, not their employer.

Cunning Stunt

..after recent headlines about compensation for people hitting their knees off table legs and slipping on chips, I would not be surprised if the OP had a case here.
Lots of people have made successful claims against pubs and clubs for falling while under the influence.

Morally speaking though, I don't think the OP should claim

knipex

NeedToKnow22 wrote: »

I have no clue that's why I came here to get advice.

Just think for a second.

If your employer did nothing wrong, wasn't negligent or didn't contribute to the accident why would they be liable ??

xabi

You were drunk and fell over you're own feet, and you want to know if you can claim from your employer? Jesus wept.

elaverty

If you can't hold your drink..DONT DRINK..
Why should your employer be expected to be liable to jepradise his business and other employees jobs because you can't hold your drink..
And I suppose you would be the first complaining when he has to close down because he can't afford to pay his next premium hike..

irelandrover

Are you allowed drink at work? Or is there a possibility that you could face a misconduct charge?
I'd say check your contract before you start asking questions at work.

Bicycle

Unless your boss is the company owner, I would think that drinking in work could be considered gross misconduct and as such would leave you open to disciplinary action.

On the other hand, the public liability insurance of the company might cover you.

If the injury is such that you may never work again, then consider suing under the company's public liability cover.

If the injury is minor - leaves you incapacitated for a couple of weeks or less - then put it down to experience.

DrPhilG

So if this gets as far as court can this thread be used as an admission by the OP that they were pished and that was the reason for the fall?

gerard2210

He was drinking with his boss, his boss may have contributed to the ops drunkenness causing him too fall. Im sure you'll find a reputable solicitor willing to take your case.*
* not to be taken as actual legal advice

Pete67

It would depend on the circumstances. If alcohol was supplied by the company during a company sponsored event or social occasion that would be different from two colleagues sharing a few illicit drinks on the premises after work.

NeedToKnow22

My boss is the company owner . Thanks for the advice . I'm meeting with a solicitor today to see where I stand

DrPhilG

NeedToKnow22 wrote: »

My boss is the company owner . Thanks for the advice . I'm meeting with a solicitor today to see where I stand

Shame on you.

knipex

NeedToKnow22 wrote: »

My boss is the company owner . Thanks for the advice . I'm meeting with a solicitor today to see where I stand

The next time you complain about the cost of insurance in Ireland remember this..

callaway92

NeedToKnow22 wrote: »

My boss is the company owner . Thanks for the advice . I'm meeting with a solicitor today to see where I stand

What a disgrace

SwD

NeedToKnow22 wrote: »

My boss is the company owner . Thanks for the advice . I'm meeting with a solicitor today to see where I stand

This is a worrying trend.

You fell by your own fault and want someone else to pay for your injury.

Despicable.

Why can't people just accept responsibility for their actions.

xabi

NeedToKnow22 wrote: »

My boss is the company owner . Thanks for the advice . I'm meeting with a solicitor today to see where I stand

Thanks for contributing to the rising cost of my insurance.

XsApollo

This is like the boards version of where's Waldo, where's he going to pop up next :-D

Why don't you take your AK47 with you and ask the solicitor about your noisy neghnours too.

SwD

Yesterday i was at work.

While closing up and leaving a bee stung me on my elbow.

The physical and mental damage has left me unfit for work.

I am in touch with a solicitor.

ForestFire

SwD wrote: »

Yesterday i was at work.

While closing up and leaving a bee stung me on my elbow.

The physical and mental damage has left me unfit for work.

I am in touch with a solicitor.

Are you a Bee keeper?
Where you provided with the correct protection equipment?
Is there a health a safety assessment done for your work?


If the OP want to get advice on this particular situation, that we may not know all the facts, there is no harm...Surly the solicitor will give the right legal and moral advice;)

davo10

NeedToKnow22 wrote: »

My boss is the company owner . Thanks for the advice . I'm meeting with a solicitor today to see where I stand

Legless.

No doubt you will find a solicitor who will take you on as a client.

xabi

Doh, didn't realise this was AK47, new BMW, will I call 999 guy. Troll

B-D-P--

People look at post count before they think someone real right??

Wesser

OP can you not take responsibility for your own fall and accept that you drank and stumbled over your own feet? why is it someone elses fault?

Misguided1

It is easy to see how this one will play out though.

Solicitor will argue that the company has a vicarious liability to its employee who wouldn't have fallen over if he hadn't had a drink provided by his boss.

Has anyone ever known a solicitor to turn down a case because someone fell over their own feet?

The OP is out for a quick buck and will probably get it. Wonder if they will still have a job at the end of it though.....

And people question the rising price of insurance in this country.

davo10

Was the op required to drink alcohol I wonder?

SwD

davo10 wrote: »

Was the op required to drink alcohol I wonder?

Yep. I think the employer had a gun to his head.

Sixtoes

Maybe the OP works as a beer taster.

SwD

Sixtoes wrote: »

Maybe the OP works as a beer taster.

Wait. I do that every weekend and don't get paid!?

davo10

The icing on this particular cake would be if the op actually worked in a pub, you don't do you op?

Masala

NeedToKnow22 wrote: »

I had a bad fall at work and had to have surgery. The tricky thing is that it happened after my shift but still on the premises and I had been drinking with my boss.
Does anyone know if I am still eligible to claim ?

Eh....what are you thinking of claiming for?? Are u out of work as a consequence??? What medical fees have you incurred??

Jeez... the worlds gone mad..Ted!

Minnie Snuggles

Just out of interest OP, what injuries did you suffer?

ct5amr2ig1nfhp

Post-traumatic stress?

Minnie Snuggles wrote: »

Just out of interest OP, what injuries did you suffer?

BorneTobyWilde

Sounds to me like there is something more to it and that is reason for claim, you were drinking alone with boss. Is claim pay back for something else

Rezident

So you got drunk and fell over on you work premises and you want to sue them? There is literally no hope anymore, we're fu**ed.

Sixtoes

Minnie Snuggles wrote: »

Just out of interest OP, what injuries did you suffer?

Spilt his drink.

Cunning Stunt

Sixtoes wrote: »

Spilt his drink.

..and then slipped on it..

dreamers75

To the OP yes you are "entitled" to claim.

There a few cases of people injuring themselves on work nights out and claiming and winning........

davo10

dreamers75 wrote: »

To the OP yes you are "entitled" to claim.

There a few cases of people injuring themselves on work nights out and claiming and winning........

Link? And did they contribute to their own injury by consuming alcohol?

I suspect there are plenty of cases where the judge ruled that the plaintiff contributed to their injuries by consuming to much alcohol.