Compensation claim

Gettingeven

Earlier this year, I fell down some stairs at work (well, the office is in a building owned by an independent landlord). I broke my ankle, and was unable to work for 6 weeks. My sales were going very well until that happened and I was well ahead of target.

Since returning to work, I've been amazed at how I seem to have this 'black fog of depression' about it all! I started to feel that way after about 2 or 3 weeks off work, when I was stuck at home, couldn't do a thing for myself as the leg was in plaster up to my knee....anyway, I just thought I'd been careless.

However, I was showing someone out of the office the other day and he said that the second step on the staircase is noticeably 'shorter' than all of the others (it's a straight down staircase with no landing, about 22 steps), and that this is against building regs, as the tread should be identical. My left foot overhangs the edge of the step by about 3 inches, whereas there is no overhang at all on any of the other steps).

I have suffered substantial financial loss due to this fall, and I really don't care if this puts me under the tag of ambulance chaser, because I really do feel that I have a significant case for a claim here.

My advice to others is to claim. My mother-in-law didn't claim when she slipped on some yoghurt at Sainsburys many years ago and badly sprained her wrist when she fell. We wrote a letter on her behalf, but they just wrote back saying there would be no financial award and enclosed a £25 voucher towards her next shop. We should've taken it further and sought legal advice, as her wrist is now fairly useless and even looks slightly deformed.

Another perosn we know, works in a care home. She badly injured her shoulder when she was trying to lift one of the elderly patients onto a bed when there weren't enough staff available to help. Her shoulder has even been operated on - but she refuses to claim as she still works for the employer and thinks that she would lose her job if she claimed! It still gives her a lot of pain.

Employers and workplaces have cover for public and employee liability. Why bother to ignore that fact? If people dont claim, employers will continue to employ dangerous work practices. That's not right.

musicmaker29

How recently was the building built? how recently was the staircase put in?

I may be wrong, but it's only building regs at the time of construction that apply.

antrobus

Gettingeven wrote: »

Earlier this year, I fell down some stairs at work....

Yes, but what's your question?

If you want to make a claim, go and find a solicitor that deals in personal injury cases.

wealdroam

Gettingeven wrote: »

Earlier this year...
<snip>

I read all that yesterday...
https://forums.moneysavingexpert.com/discussion/comment/55275063#Comment_55275063

There seems to be no consumer rights issue here.
Perhaps this thread is better placed on another board... maybe the Employment board?

vaio

musicmaker29 wrote: »

How recently was the building built? how recently was the staircase put in?

I may be wrong, but it's only building regs at the time of construction that apply.

I think that's right, building regs and electrical regs only apply at the time of installation. As long as you leave them alone then if the were compliant when installed they don't need to be brought up to current standards.

But, there are certain alteration which, jf you have done, means that the whole system has to be brought up to current standards.

Finally (and most importantly to the OP), just because a staircase (or electrical system) met the regs that were current when it was installed doesn't absolve the employer from his duty to provide a safe work place for his staff

arcon5

All of your examples don't by far include enough information to determine whether there is a valid claim.

Supermarket claim: without knowing how long the spill was there, whether they knew of it etc it's difficult to determine whether the supermarket are in fact liable. Had they known of it and chose to do nothing they could be held responsible for not taking reasonable steps to protect the public from this risk. However, had the spill only occurred minutes prior to the slip by a customers & no staff was present they could not be held responsible for this incident - in fact the person who spilt it could potentially be held responsible if they did not take steps to report it or prevent it.

Care home claim: we would need to know whether their staff levels was too low (I believe there are regulations for how many staff to patients there is, isn't there?), their general procedure, the staffs level of training and general duties. For example, if the member of staff was not following procedure when lifting they could in fact be disciplined (despite the injury) for the incident. If however, the home constantly failed to provide support and expected these duties to be carried out none the less then the claim could be valid.


Your incident: well.. was the step unsafe or did YOU have an accident? I stubbed my toe in my garden the other day... I don't have a claim against the LL (I simply should have worn shoes and took greater care when walking).

You don't (by far) include enough information.

Evilm

Gettingeven wrote: »

Since returning to work, I've been amazed at how I seem to have this 'black fog of depression' about it all! I started to feel that way after about 2 or 3 weeks off work, when I was stuck at home, couldn't do a thing for myself as the leg was in plaster up to my knee....

Go see the doctor and ask for help. You need to deal with the depression and not blame others for what happened.

Employers and workplaces have cover for public and employee liability. Why bother to ignore that fact? If people dont claim, employers will continue to employ dangerous work practices. That's not right.

I did write a long rebuttal of the above assumption but I deleted it as I couldn't keep it nice enough.

The two things I will say is can you PROVE that it is dangerous? And how different is 'noticeably'? something out of pattern can be only a tiny bit out and still be noticeable - it doesn't automatically say 'this is dangerous'.

(If you actually believe that this stair is a danger btw, you should discuss it with a member of staff nominated for building maintenance or health and safety. If you believe this is dangerous you should be asking it is sorted out not hoarding that information for a future personal injury /workmans comp claim against them.)