Can I make a claim for damages - work accident?

geri1965_2

Googlewhacker wrote: »

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

I'm a personal injury loss adjuster so I'm well aware of that, thanks.

Some people were implying that if you can carry on working, you have no grounds for a claim, which is of course incorrect.

General damages (pain and suffering) is awarded regardless of whether the ability to work is affected or not.

anon_ymous

I dont know much about this, but if said colleague was a friend(or generally a nice person), Id thinks its best not to sue the workplace in case your friend got reprimanded over what was an accident

If the colleague cant get in trouble, then you may as well read what others have to say and ignore me lol

geri1965_2

I'd be inclined to speak to the colleague first to explain that it's nothing personal, and see if she is OK with it. She shouldn't get into trouble for it.

pinkshoes

geri1965 wrote: »

General damages (pain and suffering) is awarded regardless of whether the ability to work is affected or not.

Wow, perhaps I should sue my 87 year old grandmother who burnt and scarred my leg in a similar incident??? It was 22 years ago, but it has traumatised me for life, and left me with a hideous scar that everyone gawps at when I wear skirts or shorts.

But it was an accident...

(and I suppose I still do use it as an excuse on why I should always get the last cookie).

If you do take this further, hopefully the employee who dropped the soup won't be sacked for not following procedures and using a tray in the canteen.

Saying that, I'm much more likely to drop my soup from a tray than if I was actually carrying it!

Googlewhacker

geri1965 wrote: »

I'd be inclined to speak to the colleague first to explain that it's nothing personal, and see if she is OK with it. She shouldn't get into trouble for it.

As long as she had no liability in the situation at all. If she did and it gets brought to the fore then she could be disciplined.

FATBALLZ

My mum spilled hot gravy on me and gave me a burn when I had a roast dinner at hers last week. I'm hoping to get a good £20k, although she might have to sell the house to pay me. Dropping soup should be a criminal offence, it is clearly a type of criminal negligence.

robpw2

i noticed you said you couldnt wear skirts cause of the scar ... could you not try tights or ankle socks they are great at covering ankles also some shoes do quite a good job at hiding ankles too

T800

An accident is an event which is not possible to forsee. The risk of dropping a hot bowl of soup is forseeable, which is why kitchen gloves were invented and trays. Did the employer provide either of these? If not, then I think a proportion of negligence exists. We have to balance this with reasonable behaviour on behalf of the victim, in this case she clearly had no control over another colleague dropping the plate on her. The employer would be legally vicariously liable for the actions of the victims colleague and therefore, in my opinion, there is a realistic opportunity to claim compensation from the employer for this event.

In addition, it is unfair to label no-win no fee solicitors as "vultures". For many people not willing to risk their own capital in pursuing an action, they are a sensible alternative choice.

orfoster

geri1965 wrote: »

I'd be inclined to speak to the colleague first to explain that it's nothing personal, and see if she is OK with it. She shouldn't get into trouble for it.

I agree, I believe it would be down to a lawyer to assess if there is a claim for injury but the above does indicate a claim.

It is worth having it assessed for its merits, the solicitor may well tell you that there isn't a claim but at least then you know.

You may have Personal Injury cover on your home contents insurance under legal expenses or through a trade union.

Hope that helps.

orfoster

Although some people may have issues with the poster on making a claim I don't think some of the comments in this thread are apropriate.

A trained solicitor will be able to advise of the chances of sucess of such a claim.

We aren't aware how bad the burn is or how that has affected the person!

She didn't come on the site to be criticised, she came here for help in answering her query.

Thanks