making a claim against my employer?

Question

fell over in work last night on patch of oil, got no tread on my work shoes and they wont supply me with new shoes even that i have been bugging them for the last month for new shoes, hurt my back and now on sick for rest of the week. are they liable?

Answer 1

Yes - but it also depends on if the state you work in is an 'at will' state whereas they can fire you/or you can quit without any reason. - People use this to their advantage - both employee and employer.

You probably are eligible for workers' comp. but since i dont' know what state you live in, that is the issue.

Play with the internet and type in your state and worker's compenstation - you are entitled to it!

Hang in there! But work for all you deserve!

Answer 2

Mancunian Nick has covered most of the answer, however what your employer's insurers will do is try to throw a spanner in the works. There is a nasty little thing in law that defendants in this type of case can use to reduce the amount of compensation awarded, it is:

Volenti non fit injuria.. No wrong is done to one who consents.

In real terms it is called contributory negligence on your part in that you did not take reasonable care of yourself. Watch out for this one. Its a nasty little brute but can be very effective in reducing liability in a claim for personal injury or loss.

In saying that take heed of what one or two of the others have mentioned. This does not remove the fact that your employer may have been negligent. Write down all the facts as soon as you can so that something important is not missed or forgotten. Sometimes the smallest point in law can make the biggest difference. Either see your union rep, if there is one or consult a reputable solicitor. The law society web site will direct you to one in your area. DON'T get one from the tv or the internet, you may end up with nothing. There may not be any fees but there may be easements you have to pay and take note, costs are not awarded automatically.

Good luck with your claim.

Answer 3

Whilst I sympathise with you, health and safety at work states quite clearly that whilst the employer is responsible for the health and safety of its workers, so are the workers EQUALLY responsible both for their OWN health and safety as well as their fellow workers. The employer MUST by law provide you with you suitable PPE (Personal Protective Equipment) if doing special work but otherwise your general clothing, ie shoes, are YOUR responsibility. If your employer normally provides its workers with special shoes which you are entitled to and didn't get, then they are responsible. You, however, did not notice the oil so whoever spilt it would be responsible for not clearing it up or reporting it to a supervisor/manager. Your best bet, therefore, is to take advice from your shop steward or staff representative if you have one or a local Citizen's Advice Bureaux or local advice centre.

As others will no doubt tell you, there are also many companies who will represent you on a no win, no fee basis but be careful who you choose. There have been problems with some 'cowboy' outfits.

Anyway good luck.

Answer 4

I fell over at work in 2001 and started a claim and it took 3 years and got £2,000 in England

Answer 5

For god sake is no one accountable for themselves anymore... why is always somebody elses fault.....

ooh I spilled coffee down myself and burnt myself.... that was McDonalds fault for making the coffee too hot, nothing to do with me being a clumsy oaf....

Go on then... make your claim, and when they are making redundancies see who's name will be in the first cull. Trust me, i work for a corporate company and this is how it works, troublemakers out first, followed by people that are cheap to dispense of.

Look, not wanting to be horrible, just talk it through with them, explain the situation and ask them to pay you on full pay for as long as you are off sick and to organise getting you .... you get paid, they appreciate the fact that they are not going to have to fight you off with a stick and they won't remember you as a troublemaker.

Answer 6

probably. Does your house insurance have legal cover? We are making a claim at the moment against my husbands employer as he nearly lost his eye and has permanent damage.

Our home insurance has legal cover, and they are acting on our behalf for free as we have the legal cover.

Dont bother with these accident companies, they will charge you somehow.

If you dont have legal cover on your home insurance, try your credit cards, store cards or bank. A lot of people have this cover without realsiing it.

Good luck.

Answer 7

Make an appointment with the CAB see what they say. If you do claim the employer might then make life hard for you and look for excuses to get rid, but if you wanna move on anyway i would say get what you can.

Answer 8

if you were sober yes, if not they could fire you and not be liable for a darn cent,,, workmans comp will cover you and any medical expenses,, you will recieve pay based on workmans comp scale of pay... but you still must adhere to all your company and workmans comp guidelines, or you would be in default and breech ,, which is grounds for dismissal from your job,, and most likely you will also have to repay all monies paid to you and paid out for medical by workmans comp,, follow the procedure and youll be fine,, abuse it and you will f yourself

Answer 9

Sounds like you have a good case and there are many "no-win no-fee" legal firms out there who I am sure would be ready to pursue a claim for you.

Answer 10

Technically, they don't have to provide you with new shoes but Worker's Compensation will pick up on any medical you have.