Can I make a claim for damages - work accident?

longbaygirl

Suffered a 2nd degree burn at work - colleague dropped boiling hot soup on my ankle in canteen, plate slipped out of her hand.

In addition to suffering significant pain, and not being able to do normal things with the kids - like take them to the park, I've now been told I might end up with a scar, which will make me feel embarrassed/reluctant about wearing skirts or dresses till it fades - which could take years or never.

I think that one of the reasons the accident happened was because there are never enough trays to carry food on in the canteen - so you have lots of people wandering around holding plates of hot food.

I know it was a complete accident - but do I have a case to make a claim - and if so, what should I do?

dickydonkin

To ensure a successful claim, you will need to prove negligence and if a duty of care was breached.

You stated that there are lots of people wandering around holding plates of hot food, but isn't that a feature of all canteens/restaurants etc? So who would you claim was negligent?

If the floor was slippery or there was a tripping hazard that caused the accident then you could potentially have a claim against the duty holder of the premises.

Have you lost any work due to the incident? The reason I ask is that as you are unable to do 'normal things' with the kids, that could suggest you are unable to carry out your normal duties at work.

I am sorry you suffered the burns, however, the saving grace is that the affected area is your ankle and although I do not wish to trivialise your injury, it could have been in a more prominent position such as your facial area.

You could potentially have a claim, but as a colleague caused the injury due to a plate slipping out of her hand, I think it would be difficult to apportion blame on your employer although I suspect, not impossible.

Ask yourself this - If a friend dropped a cup of hot coffee on your ankle in your home resulting in the same injury - would you claim compensation from your friend?

villabadger

longbaygirl wrote: »

Suffered a 2nd degree burn at work - colleague dropped boiling hot soup on my ankle in canteen, plate slipped out of her hand.

In addition to suffering significant pain, and not being able to do normal things with the kids - like take them to the park, I've now been told I might end up with a scar, which will make me feel embarrassed/reluctant about wearing skirts or dresses till it fades - which could take years or never.

I think that one of the reasons the accident happened was because there are never enough trays to carry food on in the canteen - so you have lots of people wandering around holding plates of hot food.

I know it was a complete accident - but do I have a case to make a claim - and if so, what should I do?

Have you informed the company of the accident and ensured that it is logged in the Accident Book? Have you had to take time off of work? Have you suffered a financial loss - loss of earnings etc? Have you had a medical report on your injury? I would ask the company what H&S procedures they have in place and make your decisions based on what is available.

Guess you'll be picking up the phone to one of the 'no win, no fee' companies then?

dickydonkin

I would ask the company what H&S procedures they have in place

With all of the strictest H&S procedures in place, you just cannot legislate for a colleague dropping a bowl of hot soup in a canteen, however, the OP should not have to ask what H&S procedures are in place - she should be informed of them.

Of course diners could be given heat resistant non-slip gloves, thermometers to ensure the soup is not too hot, lids to cover soup bowls to prevent spills, heat resistant leg protectors to prevent hot soup making contact with bare skin etc etc....

Of course this would have prevented the injury, but the risk just does not justify these obviously OTT preventative measures.

I suspect there will be a risk assessment for the restaurant area and it should highlight the potential for people coming into contact with hot liquids, however, this will likely be more focused on kitchen staff who should have a safe system of work in place but diners should also be considered.

What was also significant was that the OP had a duty of care to her colleagues to notify management that there were issues with the apparent lack of trays available. If they did not know there was a problem, then they are hardly in a position to rectify it.

Guess you'll be picking up the phone to one of the 'no win, no fee' companies then?

The OP will probably already have a PM in her inbox from one of the vultures that frequently lurk on these forums!

longbaygirl

Thanks for all your replies.

As I said, it was a complete accident, but I and my children are one ones suffering. I have a desk based job and live very close to work, so my ankle, still painful, does not stop me from sitting at a desk all day - and I'm not the type to take sick leave unless I am so ill, I can't get out of bed.

The problem is when I'm at home, I can't carry a basket of washing, carry food shopping, do the ironing, kick a football with the kids and so on.

I can have food delivered and pay someone to come in and help me with the housework untill my ankle is better - but that would mean I suffer a double penalty - the injusrt and paying for help till I get better.

I'll talk to my employer and see if they will consider reimbursing me for receipts for additional payments incurred while my ankle is sore.

Does this sound reasonable?

geri1965_2

Employers are vicariously liable for the negligent actions of their employees. The colleague should have used a tray rather than carrying a hot item in her hands.

Very high chance of a successful claim IMO.

See a solicitor, and stop talking about "complete accident"!

McKneff

sorry, but if you can walk to work, you can carry a basket of washing up the garden , or walk the kids to the park. You dont need to be kicking balls about.

Your post is full of exagerations and any solicitor of the other party will rip you to shreds, especially if you are still at work.

How do your colleagues feel about this. or are they just saying what you want to hear.
What about the colleague who did the deed, any idea how they are feeling.

Welshwoofs

Yes, you go for a claim. Get the total scorn of your colleagues and damage your future with the company. After all, it's bound to be worth it for a few measily thousand in 'compo'

robpw2

im not being funny but i think even no win no fee solicitors would advise you not to pursue a claim for negligence for a burnt ankle from a spilt bowl of soup .. it is not affecting your ability to work so you have no loss of earnings , and i am taking as you have not mentioned it you have not surffered any great pyschlogical damage so you couldn't claim for that .

geri1965_2

robpw2 wrote: »

im not being funny but i think even no win no fee solicitors would advise you not to pursue a claim for negligence for a burnt ankle from a spilt bowl of soup .. it is not affecting your ability to work so you have no loss of earnings , and i am taking as you have not mentioned it you have not surffered any great pyschlogical damage so you couldn't claim for that .

Nonsense. Ability to work is neither here nor there, she is entitled to damages for pain and suffering, and burns attract fairly high awards as they can be very painful. In addition, a permanent scar in a prominent place would be worth several thousand pounds.

Googlewhacker

geri1965 wrote: »

Nonsense. Ability to work is neither here nor there, she is entitled to damages for pain and suffering, and burns attract fairly high awards as they can be very painful. In addition, a permanent scar in a prominent place would be worth several thousand pounds.

Ability to work is a major part of compensation, if you can't work because of it your claim will be higher, if you can then it will be lower