Fractured my ankle at work...should i claim?

[adhutton]

Just over three weeks ago i fell on a broken step at work and fractured my ankle.

 

Off work with a pot on my leg.

 

Just wondering if i should put in a claim for damages?

 

Would i lose my job if i did?

 

Has anyone any experience of this?

 

Andrew

[featured_spectre]

You can claim if there was no sign to warn you and you put it in the accident log...The downside to this is, it gives you a reputation for being a trouble maker at work. I know from experience when a few months ago I slipped on a stair which was wet with no warning sign and ruptured a disc in my back...I got £1000 compensation plus expenses to go to physio etc.

[peterp]

Surely the school have insurance to cover just such events.

I'd have a word with the school in the 1st instance and ask them if it is covered by any workplace policy.

If you have a union rep, speak with them, they should handle it all for you pretty much.

[plexer]

I'd get one of those nice fellows off telly on the case straight away.

 

Seriously though I'd speak to a loc no win no fee solicitor for an initial free consultation.

 

Get someone to take a picture of step in question if it's still broken.

 

Ben

[enjay]

My wife had an injury at her school last year - school gave her time off for physio and expenses. She is now awaiting an operation as the injury apparently worsened a pre-existing condition. Not really sure where we stand on that one in terms of employer liability - possibly worth a call to her union and/or InjuryLawyers4U (!) to find out on that one, as we're spending a lot of money on prescriptions for painkillers.

[SteveBentley]

we're spending a lot of money on prescriptions for painkillers.

 

Have you looked into the pre-payment certificate you can get for prescriptions? Help With Health Costs Help with Health Costs NHS Business Services Authority

[maniac]

Just over three weeks ago i fell on a broken step at work and fractured my ankle.

 

Off work with a pot on my leg.

 

Just wondering if i should put in a claim for damages?

 

Would i lose my job if i did?

 

Has anyone any experience of this?

 

Andrew

 

I'm not normally an advocate of the 'compensation culture' but if there's genuine neglegence and it's caused you an injury then yes you should claim. You should not suffer any penalty at work because of it, and it should remain confidential between you and the school so colleagues need never know if you're worried about backlash from them. The school will have insurance to cover them against accidents in the work place so won't suffer financially themselves. A lot of it depends on whether the school was aware of the broken step and how long it had been like that and a whole load of other things.

[Jamman960]

I'd have a word with them first - really you shouldn't have to suffer because they screwed up - you should get full pay and all expenses covered at the very least... if they won't do that then you may need to claim Edited May 11, 2011 by Jamman960

[edumoto]

I'd get one of those nice fellows off telly on the case straight away.

 

Seriously though I'd speak to a loc no win no fee solicitor for an initial free consultation.

 

Get someone to take a picture of step in question if it's still broken.

 

Ben

 

not sure i'd agree on the no win no fee consult advi as a first option. it seems you do have a case which they will spot, but i think (only an opinion) firms like this are more likely to cause problems with your relationship with the school. it's an option, but i'd approach the school and or your union first.

 

think the advice about taking the picture is a great idea, particularly if it's still broken and still not signed as such.

[teejay]

Try to get this sorted through your union, the school will have liability insurance and I'm sure they would be more than happy to come to an agreement without getting the no win no fee scumbags involved.

[Haptic]

I'm not normally an advocate of the 'compensation culture' but if there's genuine neglegence and it's caused you an injury then yes you should claim. You should not suffer any penalty at work because of it, and it should remain confidential between you and the school so colleagues need never know if you're worried about backlash from them. The school will have insurance to cover them against accidents in the work place so won't suffer financially themselves. A lot of it depends on whether the school was aware of the broken step and how long it had been like that and a whole load of other things.

 

I completely agree and I am not a fan of the blame culture at all, but if you are off work and lose money because of your injury then you should be entitled to compensation. I am afraid that it is the few who spoil it for the many and claim for evrything under the sun that I have a real problem with! (Separate Rant!) The school should have insurance though as maniac has mentioned.

 

 

Chris

[plexer]

If you are in the union then speak to them but it will still end up being dealt with by whatever legal people they contract that side of things too.

 

That's why I mentioned a local solicitor rather than just ringing one of the many numbers advertised on the tv.

 

Ben

[elsiegee40]

Your school will have insurance and claiming should not affect your employment; if it did, you would have a case against the school.

 

However, were you previously aware that the step was broken?

 

The school has a duty of care to ensure the broken step is not a hazard and to put up signs or prevent use of the step as appropriate. If it knew the step was broken and no action had been taken, then the school has been negligent.

 

If you were aware that the step was broken (perhaps damaged some time ago) and/or chose to ignore signs informing you of the danger and/or chose to ignore that you were not suppose to use the step, your chances of a successful claim are much slimmer as you will be, at least partly, at fault.

 

Personally, I wouldn't make the claim. That's my choice as I find the current compensation culture infuriating and these insurance payouts only serve to put up premiums for all of us.

[enjay]

I did know about the prescription pre-payment, but had temporarily forgotten about them - thanks for the reminder!

[MK-2]

it should remain confidential between you and the school so colleagues need never know if you're worried about backlash from them.

 

a lot of things in school SHOULD remain confidential. at my last place we knew about the compensation claim by an IT teacher as a thin sheet of metal fell on her head, we knew the details, the amount she claimed for, the amount she got.....and thats all from gossip around the place.

if you want it to remain confidential then chances are you're out of luck

[witch]

Personally, I wouldn't make the claim. That's my choice as I find the current compensation culture infuriating and these insurance payouts only serve to put up premiums for all of us.

 

I understand your point but if he has been injured through no fault of his own, then why not claim? Not only is he off work with all the work piling up, but I expect it has been very painful. Why would schools have insurance if it is never claimed?

 

Years ago, in 198..mumble, I caught my leg on a bit of protruding metal from a unit that had been left just next to, and intruding on, a walkway. I avoided the unit but did not see the piece of metal. I was advised by the union to claim, as I had a lot of pain and stitches, and the company happily paid up - in fact the comment I got from HR was along the lines of "well, we have been paying out these premiums for years, now it is time to get something back"

Because there had been a claim, I think the company did more to ensure that such a thing wouldn't happen again,than they would have done if there wasn't.

I am against the compensation culture too, but if there is a genuine case, why not?

[maniac]

Personally, I wouldn't make the claim. That's my choice as I find the current compensation culture infuriating and these insurance payouts only serve to put up premiums for all of us.

 

Insurance is there for a reason thou, and if there is a real ligitimate reason to make a claim then you should (in my opinion) What annoys me is people who claim for things that are relatively minor but put on an 'act' to make it seem worse than it is, and win large amounts of compensation in the process. A fractured ankle is a fairly serious injury, and could have long lasting effects, so in this instance I think the OP should claim, particularly if the school were neglegent and knew about the problem but didn't do anything.