making a personal injuries claim from a work accident

[lourules]

In a nutshell - had an accident at work due to their fault and now i am injured and wish to make a claim against them - who is best to contact i.e what firm? C.A.B cant really comment on whats best in that area - are these stupid adverts like "injury lawyers for you" really worth contacting? I am entitled to legal aid as well due to my low income. I know some solicitors dont accept this...where do i go from here?

[bednobs]

maybe no-one is to blame? it's just an accident?

[Barmaid]

Not necessarily ummm, but I am guessing with your case it was fairly clear cut and the driver either admittedly liability or was successfully prosecuted. There is no 100% in litigation - never is!!!

I would suggest looking on APIL's website or the Law Society and finding a local firm who does PI on CFA. If they do a half hour free interview that's a bonus.

[lourules]

thank you barmaid x

[hc4361]

Accidents happen, and there is not always somebody to hold responsible for it.

Did this happen in a staffed canteen, or an unstaffed restroom/kitchen?

Are cleaners employed full time?

[lourules]

Its not a canteen it was a shop flood - it was fully staffed - and we dont have cleaners we clean as we go throughout the day

[lourules]

*shop floor

[ubasses]

The person who made the spillage is to blame, was the fridge anything to do with your job or was it for the use of staff to keep refreshments/lunches etc in. If it was to do with your work what rules are in place to cover spills, and did the other person realise it had happened. You may be best to talk to a union and if you do not belong go to the government website and see if you can make a claim for an industrial accident. That claim is simply based on any injuries incurred whilst undertaking your job. My OH used it many years ago and received 3 lump sum payments over about 3 years until his injury was deemed fully healed. He had returned to work during this time to his normal duties received full pay throughout which had no bearing on his claim.

[hc4361]

Sorry, I got the impression it was a canteen of some sort.

So you have no idea how long the food had been there, or if it had been reported to a staff member who failed to clean it up?

[factor-fiction]

You may or may not have a case. The company may be able to show it wasn't negligent. (Maybe youwould have to sue the work colleague who caused the spillage and didn't clean up). But whilst i think your prospects are reasonable we cannot say for certain. A solicitor will decide on your prospects.

[ummmm]

Yes, he was prosecuted BM...

Lou....I really don't think your chances are that high. Your employer can't control someone dropping food on the floor. They can only deal with it once they've been told.

[lourules]

Another thing to add was they didnt ask if i was ok - i couldnt walk properly for 4 days yet they still made me go to work and they didnt know where the accident book was! I found it myself after searching and searching the week after! the fridge is to do with work not for staff and the spillage wasnt cleaned up AFTER i had fell and reported it. I have also previously fell 2 more times in the last month on the shop floor infront of customers from food on the flood that hasnt been cleaned up - one of the times i nearly broken my ankle and the assistant manager witnessed it and just laughed at me. so i think they deserve what they get if i claim

[Barmaid]

Well if he was successfully prosecuted ummmm, I can see that you would have had no problem. After all, the criminal burden of proof is much higher than the civil one.

These cases are notoriously difficult and the devil is in the detail. Only a lawyer in possession of all the facts can really make an assessment as to the prospects of success.

[gina32]

how could they "make" you go to work?

[vodkancoke]

I slipped on spilled oil at work while carrying a large pot of (thankfully) cold water. I broke my wrist, damaged my back and hip and hit my head. I was a chef and couldn't work. I went to my own solicitor who tried to make a claim as I was not made aware the oil was there and no-one had cleaned it up and I was told the restaurant I worked for had no insurance so I couldn't claim. The restaurant went into liquidation the following week.....just my bad luck!! lol Make sure your employers have insurance before you try to claim!

[factor-fiction]

There is also an obligation on employees to act in a safe manner and maybe a solicitor for the company could turn round the point that you had had 3 falls in a short space of time to show you were clearly aware of risks but not taking adequate care.
Maybe I'm being a bit obtuse there but I wanted to show that these matters are not clear cut- negligence is difficult to prove.
I do think it's worth you seeing a solicitor though.

[237SJ]

I know someone who sucessfully sued Sainsburys when he slipped on a grape! Are you in a union? They have access to lawyers at a (usually) preferential rate for members.

[factor-fiction]

Yes, I agree eddie51, although if someone wasn't a member and then tried to join just to get union help with a claim I think the Union might tell them where to go

[Euroanchor]

Reading the last post by the op makes me think that the accident happened in a shop selling food to the public, whilst I don't want to make assumptions, maybe the reason no-one wants to take on the case is that there is every chance that the spillage could very well be down to the op as much as any of the other shop assistants, especially if it was a busy time.
Unfortunately accidents do happen and despite the celebrity's who advertise these 'no win, no fee' firms, there is NOT always blame.

[boxtops]

This is an employers liability claim - I used to work in this sector. You need to write a letter to the legal/insurance department of your company saying that you wish to make a claim for compensation, and asking them to pass it to their insurance company. However, it is much better to appoint your own solicitor and ask them to do this for you and to act for you - since the insurance company will almost certainly do the same, and if you are trying yourself to work your way through the system about negligence and employers' liability, you need to be very much on the ball about H&S leglslation, reasonable doubt, etc. The best thing you can do is go to your usual solicitor and ask them to act for you. Yes there are no-claim-no-fee solicitors but as BM says many are centralised and won't know your area. If you have to pay then you do, but fees are not payable until the claim is finalised, and if you win, then the employers' insurance company should be paying all your costs, not you.
Don't discuss what you are doing with your employer - once the claim has gone in, they are not allowed to discuss it with you while the claim is being investigated.