Workplace Injury Claim

turniphead

Hi there,

Just looking for general opinion please.

I was involved in a workplace accident just over 6 months ago. Without going into too much detail I fell from a height and fractured a couple of vertebrae in my lower back. I was very lucky and fully appreciate that it could have been a lot worse.

The first couple of months recovery were quite difficult but from about the third month on I made great progress and thankfully I'm back at work feeling pretty much as good as ever.

I am just very unsure about whether or not I should pursue a personal injury claim. I certainly will not be claiming to have 'phantom' whiplash, etc. I am 100% honest about my injury and always will be. The fact of the matter is that I genuinely suffered for a period of time but I've since pretty much recovered now and I'm very grateful for that.

The biggest issue I have really with pursuing a claim is that I absolutely love my job and I do not want to bring any negativity to me or the place I work. I really don't want to be seen to be a money-grabber or anything like that. I just believe in fairness and perhaps a small bit of compensation for my injury (even though I've recovered) would be a fair conclusion to the matter.

Sorry for going on a bit. I'm genuinely unsure what to do. I haven't really talked to anybody about a claim because I truly dislike the compensation culture that is out there and yet here I am considering a claim!? If the consensus is to forget about it and move on then fair enough.

Any thoughts/opinions appreciated.
Thanks.

Donald Trump

turniphead wrote: »

Hi there,

Just looking for general opinion please.

I was involved in a workplace accident just over 6 months ago. Without going into too much detail I fell from a height and fractured a couple of vertebrae in my lower back. I was very lucky and fully appreciate that it could have been a lot worse.

The first couple of months recovery were quite difficult but from about the third month on I made great progress and thankfully I'm back at work feeling pretty much as good as ever.

I am just very unsure about whether or not I should pursue a personal injury claim. I certainly will not be claiming to have 'phantom' whiplash, etc. I am 100% honest about my injury and always will be. The fact of the matter is that I genuinely suffered for a period of time but I've since pretty much recovered now and I'm very grateful for that.

The biggest issue I have really with pursuing a claim is that I absolutely love my job and I do not want to bring any negativity to me or the place I work. I really don't want to be seen to be a money-grabber or anything like that. I just believe in fairness and perhaps a small bit of compensation for my injury (even though I've recovered) would be a fair conclusion to the matter.

Sorry for going on a bit. I'm genuinely unsure what to do. I haven't really talked to anybody about a claim because I truly dislike the compensation culture that is out there and yet here I am considering a claim!? If the consensus is to forget about it and move on then fair enough.

Any thoughts/opinions appreciated.
Thanks.

Depends on your situation but I'd be wary of showing undeserved loyalty to a large organisation.

You might love your work and show extreme loyalty. A few years down the road they might be very quick to cut you for something without a second thought.

listermint

Go seek legal advice would be my advice.

Augme

I would pursue if the organisation at fault or do you think they could do something to ensure something like this is less likely to happened.

Also, I don't think there is anything wrong with wanting compensation. You missed out on 6 months of life and that is something you won't ever get back.

Also, while you might feel fine how will your back be when you are old, will their be implications later in life.

I'd certainly speak to a solicitor and see what you think you could get without going through and huge process. I don't think anyone would berudge you some money, once it wasn't taking the piss. Maybe have a think about a figure you'd be happy with and if you are offered that take it.

_Brian

You are absolutely entitled to make a genuine claim and should never be nervous or embarrassed to do so.

Officially your employer can’t hold this against you but honestly speaking they may well do that behind closed doors and off paper. I’ve seen plenty of occasions where senior managers made sure their petty vandettas against specific employees was continued and affected reviews, pay increases and denied promotions. One manager continuously blocked an employee progress because the employee wouldn’t do overtime, the employee had gone home at 7am after 4 nights and he insisted the employee was rang at 11am to come back in. I advised strongly against it but he insisted the employee was contacted. Three years later he was still blocking promotions the employee should have availed of.

So yes you can do it, but nothing can guarantee it won’t be held against you.

turniphead

Thanks all for the replies; very much appreciated. Certainly plenty to consider. I suppose I will seek legal advice and ultimately take guidance from that.

Eggs For Dinner

_Brian wrote: »

You are absolutely entitled to make a genuine claim and should never be nervous or embarrassed to do so.

How can you state this when the OP has not explained what caused his fall?

It may be that his employer is liable but to say the OP is entitled to claim without knowing the facts is what's wrong wit the system

Cazale

Put a claim in. I hurt my back in a job nearly 20 years ago and didn't pursue it because they paid some initial medical bills. The place shutdown a few years later and I still have niggling trouble with my back. Costs me a few hundred in physio every few years.

Aint Eazy Being Cheezy

Eggs For Dinner wrote: »

How can you state this when the OP has not explained what caused his fall?

It may be that his employer is liable but to say the OP is entitled to claim without knowing the facts is what's wrong wit the system

He said a genuine claim. So if the claim was spurious, or the claimant was negligent, then it wouldn’t be genuine.

How did the company treat you when you were sick - Did they continue to pay your wages?

A fully healed injury within months isn't going to mean a huge amount of money.

Final question, in what way was the company liable for your injury?

dreamers75

Did they pay you whilst recovering? Did they pay the medical bills?

wonski

dreamers75 wrote: »

Did they pay you whilst recovering? Did they pay the medical bills?

That's the main question.

If they did not and you had to rely on illness benefit, they should reimburse you.

From the tone of the original post I presume they did as you did not mention loss of earnings or anything like that.

GreeBo

What caused the fall, their negligence or yours?

hullaballoo

It's not ever that black and white. The law doesn't operate on this basis - it's either one person's fault or the other's.

If an injury is partially caused by an injured party, there may be a partial defence for contributory negligence. Unless it's egregious, it only provides a partial defence.

The following is not aimed at you alone GreeBo.

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Boxcar_Willie

Definitely seek legal advice.
I had a relatively small accident in my workplace 20 years ago .
Made what I thought was a full recovery and didn't claim.
Now , all these years later the injury is causing me extreme pain and it's too late to pursue.
Speak to a solicitor !!

Eggs For Dinner

Aint Eazy Being Cheezy wrote: »

He said a genuine claim. So if the claim was spurious, or the claimant was negligent, then it wouldn’t be genuine.

It's not his decision as to what is a genuine claim.

You need to know the circumstances to establish if there was negligence by his employer. Simply having a fall and suffering an injury is not evidence that there has been a breach of the duty of care

turniphead

Hello again.

Thanks for the replies. Apologies for being vague on certain aspects but I'm just being extra cautious on the very small chance somebody I work with could be on boards.

I don't work for a private company. I have a state job and I was paid throughout my absence as it was recorded as an injury during work. I have health insurance which covered the medical costs.

I certainly don't feel I was at fault for the accident but I suppose that's how most people feel when making a claim.

Again, the most important thing to me is that I'm back at work and pretty much recovered from the injury. I'm very lucky that the injuries were not a lot worse as the fall was from a height of approximately 20 feet. I'd much rather have my health than extra money in the bank account. Health and happiness are far more important.

turniphead

turniphead wrote: »

Hello again.

Thanks for the replies. Apologies for being vague on certain aspects but I'm just being extra cautious on the very small chance somebody I work with could be on boards.

I don't work for a private company. I have a state job and I was paid throughout my absence as it was recorded as an injury during work. I have health insurance which covered the medical costs.

I certainly don't feel I was at fault for the accident but I suppose that's how most people feel when making a claim.

Again, the most important thing to me is that I'm back at work and pretty much recovered from the injury. I'm very lucky that the injuries were not a lot worse as the fall was from a height of approximately 20 feet. I'd much rather have my health than extra money in the bank account. Health and happiness are far more important.

But, you said you have your health back. It might be worth getting a doctor's opinion on your prognosis.



20 feet is a serious fall. You not being at fault doesn't necessarily mean the company was (act of god), but it's likely someone will be assumed in the wrong.



You're probably more protected in a PS job than the private sector (as is generally the case). What do you think your prospects are if you don't rock the boat.

hullaballoo

100% of people who are injured in any kind of accident would prefer not to have been injured than to have any money that they might get pursuing a PI claim.

Mad_maxx

Eggs For Dinner wrote: »

It's not his decision as to what is a genuine claim.

You need to know the circumstances to establish if there was negligence by his employer. Simply having a fall and suffering an injury is not evidence that there has been a breach of the duty of care

this is a discussion forum , if the majority of stories were not taken at face value , nothing would ever get debated .

Mad_maxx

hullaballoo wrote: »

100% of people who are injured in any kind of accident would prefer not to have been injured than to have any money that they might get pursuing a PI claim.

you would never think that from listening to the tabloid sensationalist reporting by the media when it comes to this subject .

eagle eye

Go see a solicitor. Have you looked into potential long term consequences of the injuries you suffered?

eagle eye

eagle eye wrote: »

Go see a solicitor. Have you looked into potential long term consequences of the injuries you suffered?

Wouldn't he be better off seeing a doctor for that

eagle eye

Deleted User wrote:

Wouldn't he be better off seeing a doctor for that

Well of course he would see a doctor but seeing specialists costs money so better off doing it through a solicitor.

eagle eye

eagle eye wrote: »

Well of course he would see a doctor but seeing specialists costs money so better off doing it through a solicitor.

What - Medical access should be done via a solicitor? I know this is the legal forum, but that's something. So, what's the procedure - Solicitor, GP, Consultant?

As had been mentioned above, medical expenses are claimable without input from solicitor. Legal fees may not be reclaimable.

If he has medical concerns go see a doctor.

Mad_maxx

Deleted User wrote: »

What - Medical access should be done via a solicitor? I know this is the legal forum, but that's something. So, what's the procedure - Solicitor, GP, Consultant?

As had been mentioned above, medical expenses are claimable without input from solicitor. Legal fees may not be reclaimable.

If he has medical concerns go see a doctor.

dont be obtuse , the accident happened at his place of work and his employer was at fault , that he requires further medical consultation doesnt negate the obvious link between medical and legal in this circumstance .

a doctor wont represent him in any claim but they will have their role too .

Mad_maxx

Mad_maxx wrote: »

the accident happened at his place of work and his employer was at fault

Apologies M'Lord. I hadn't realised you had ruled.

GreeBo

hullaballoo wrote: »

It's not ever that black and white. The law doesn't operate on this basis - it's either one person's fault or the other's.

If an injury is partially caused by an injured party, there may be a partial defence for contributory negligence. Unless it's egregious, it only provides a partial defence.

I wasn't asking from a legal point of view.
Most people who get injured have a fair idea if it was their fault or not. From a legal point of view there is 100% a grey area but the person themselves still knows if it was something they should have been able to avoid it not.

If I trip over bump in the path that I could have avoided I would consider that my own fault despite the fact that the bump shouldn't be there technically

That would be the basis I would use to make a claim or not.

_Brian

Eggs For Dinner wrote: »

How can you state this when the OP has not explained what caused his fall?

It may be that his employer is liable but to say the OP is entitled to claim without knowing the facts is what's wrong wit the system

That’s why I said “genuine”

_Brian

hullaballoo wrote: »

100% of people who are injured in any kind of accident would prefer not to have been injured than to have any money that they might get pursuing a PI claim.

The stress of perusing a genuine claim is incredible, I went through a 5 year process before settlement came.

I can’t imagine how stressful it must be bringing a false claim, the fear of being found out must be huge.

_Brian

eagle eye wrote: »

Well of course he would see a doctor but seeing specialists costs money so better off doing it through a solicitor.

You seem genuinely confused between accessing medical treatment, which is done via your gp and on to specialists they recommend, and a specialist a solicitor may send you to for assessment in order to receive a report to be used in any legal case.

You will pay for medical treatment yourself, this cost will be recouped from any successful claim.

Medical assessment for legal purposes will be paid for by the solicitor and again claimed back from any successful award.