Who Has Liability For My Personal Posessions That Were Destroyed By A Fire At Work

[IggyStardust]

Hi all, thanks for taking the time to read my question.
I was working for my employer for the past 6 months, until a fire broke out at my workplace, and it burnt to a shell.

Within my workplace I had my personal posessions which I had brought to work that day, as I did every other day.
Just the usual, i.e my rucksack which contained my 'out of work' clothes (I worked with food so got changed before every shift) My mobile phone, my watch, wallet and some fairly costly gym gear. (I used to hit the gym on my way home) amongst other bits & pieces of low value. I estimate the total value of the items to be around £400.

My question therefore, is, does my employer have a liaility to re-imburse me for my lost posessions. They have claimed on their insurance and have started to re-build, and infact part of their premises is re-open for business, however I have been laid off and have no income. I cannot afford to even replace my iphone and am currently using something that belongs in a museum.

I must state that I do not have reciepts for anything that was in my bag, I'm not a reciept keeper and never have been, however had I known I was going to be in this situation I would have kept reciepts, although I purchased my mobile phone second hand from a friend and didn't recieve a reciept in the first place. I simply wish for them to replace my phone & my gym gear, I'm not overally concerned about the rest.

Do I have a leg to stand on? If so, could somebody please reccommend the best course of action to take. I have time on my hands now, so it is something I would like to get sorted if possible.

[woofgang]

Have they refused to reimburse you? I would also suggest that that they would say that you shouldn't have been bringing expensive gym gear to work, sorry not to be more helpful.

[hc4361]

Did the fire start during working hours whilst you were actually working?

[IggyStardust]

Thanks for your prompt answer, nothing I took to work was out of the ordinary in terms of expense. Many people carry £500 worth of mobile phone in their pocket alone, these days. The most expensive item of my gym gear were my trainers which cost £100, again, standard price for a pair of Nikes these days. They have not refused to re-imburse me, however I have asked them informally on more than one occasion and they have told me that they are waiting for their insurance to pay out. Evidently their insurance has already paid out to them as they are half way through completing the re-build. All ties with said employer have now been cut and I feel like they are hoping I will forget about it. I will also point out that I could have collected my belongings before evacuating, however I made the safety of the customers my top priority and, with the rest of the team, evactuated some 600 people safely. Nobody was injured, and the fire, along with that fact, made national news instantly.

[IggyStardust]

Yes, I was half way through my shift at the time. I even stayed until my 'clocking off' time some 3 hours later, assisting the police with crowd control whilst watching my livlihood go up in smoke.

[Baldric]

May 19th, London ?

[IggyStardust]

July 30th, Eastbourne

[ll_billym]

Found this by a google search and it's not particularly positive from your point of view.

A bad situation, good luck!

http://www.timeshighereducation.co.uk/news/liability-for-employees-personal-property/401260.article

[IggyStardust]

ll_billym- Thanks.

methyl- I do not hold household insurance! Though if my insurer would chase my employers insurer for re-imbursement, why can't I?

[IggyStardust]

Surely this is what public liability insurance is for?

[IggyStardust]

Thanks for your advice. You will be pleased to know I rent! After a lot of trawling I have to admit I agree with you. The cause of the fire has not been established, which also does not help my case. It could well have been negligence on their part i.e faulty wiring & poor upkeep, it could have been accidental i.e a cigarette or it could have even been arson.
I think I will just have to take the hit. At least everybody managed to get out unharmed, that's the main thing eh! Cheers for you help :)

[SeaJayPea]

I'm not a legal advisor either. But any company policy should have cover for employees and their property. Your employer should have made a claim on your behalf at the time. They may, of course, have had a lot on their plate at the time. But it's not too late for you to push them into doing it now. I'd get on the case with them. It'll cost them nothing to make the claim for you.

[DocHH]

Iggy, are you sure your Employer is the owner of the building? I suspect that you are referring to the fire on the pier in Eastbourne. Many of the outlets on the pier are not owned by or run by the owners of the pier. The pier owners have started the rebuilding, and some parts of the pier will be reopening soon. Your Employer may or may not have insurance.
There is a fund for businesses and people who have been disadvantaged by the fire. I would suggest you contact the Eastbourne Herald and/or Eastbourne Chamber of Commerce for details of the fund and how to apply.

[Peter Pedant]

Not much law on this one

I am not sure without reading it if my household contents insurance covers or would cover fire damage of moveable contents not in the house

You have a claim if the fire were started negligently
but do you have any other leg to stand on ?
I am not sure

I dont know of anyone who insures their belongings at work
and I dont think theft is a useful parallel - an employer makes the employees cover their own losses but you have the opportunity of protecting things ( like locking them away )

It is possible to insure employees ya-yas but I am not sure what the uptake is.

I think you are reduced to asking rather than just giving up

ask it they will cover the losses
on the grounds - you were not able to minimise your own loss - (no asbestos lockers see), the loss is both caused and foreseeable
and you dont have a choice - you need work clothes and place to put own clothes.
and you spent time instead of fishing around for your phone
selfelssly shepherding the pregnant on lookers to safe places

OK needs a bit of work on the text

and see what happens

Methyl is right he is not a legal adviser -
Insurer claiming off an insurer is called " subrogation "
and I liked the way you spotted that if the insurer has a right to subrogate then why dont you ? Good one

This happened to me in 1968 - a wheel fell off the skool minibus,
bus turned over spraying us with internal battery acid
and the motor insurance paid without turning a hair for acid burned clothes

but of course these facts are different

and good luck

long post for the short message - not sure if you have a leg -you will have to ask

and finally - renting and insurance
clearly all posters are home owners
I tell all my tenants to get contents insurance as I am not able to ( I cant minimise their loss so it is not an insurable risk for me ) but none do and it is difficult to get. your landlord should insure the fabric of the building.

[IggyStardust]

SeaJayPea- Thanks,

DocHH- Yes I was employed directly by Cuerden Leisure, owners of Eastbourne Pier. I have already accessed the fund and it has been paid out, I have been living off it the past 2 months. If the owners were liable, I would however, expect them to pay up out of their own pocket, for any damages.

Peter Pedant- Thanks, you have proved very helpful, infact your wording was very good. I will probably quote the fact that I was unable to "minimise my own loss" in a letter to former employer. Thanks once again! It's a shame that there is not much law on this, I thought that there would be.

[soapnumpty]

I work in insurance. Under your employers insurance policy their Contents cover should include cover for personal effects of employees up to a limit of say £500 or £750. The cover is there regardless of who was to blame for the fire, so assuming your employers had a decent insurance policy they should be able to make a claim for the lost personal possessions of all of their staff, providing the items weren't covered under the employees home insurance.

[IggyStardust]

soapnumpty- thanks for you advice, it has roved most helpful. Could you, or anybody else tell me if it is possible for me to submit a claim to my employers insurers directly? As stated, my employers insurance would have covered employees belongings- therefore I see no harm in submitting a claim. I appreciate everybodies help. I have learnt a lot!