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Losing toe

Advice if you can if I have a good claim not that I'm into all this where there's blame there's a claim but losing a toe hopefully deserves something.
Back in Jan 2013 at work I ran over my toe with a very heavy trolley (we don't get issued steel toe caps) pain was really bad for a short time after which I carried on working toe throbbing but just carried on, I never went sick nor did I report it although I did have a witness who saw me in pain but not actually doing it, when I got home that night took a look at me toe and around and under the nail was all blood stained

I never put it in accident book or informed anyone as like normal never thought anything would ever come of it

2 month later the toe started to increase in size so off I went to docs, then I decided to inform my boss and was told to complete accident book and speak to H+S. At Head office

Now to cut a long story short after various X-rays/ scans / MRI scan I now have no option but to Lose my toe

The bones in it are infected "Osteomyelitis" can be caused by a deep cut in the skin which obviously has come from the nail into my skin, my toes whee perfect until the accident

I'm just wondering with the information above will I have a claim, the reason I'm asking is I can't remember the exact dare of the accident also with nit filling in the accident until a few month later

Any advice would be great also if you want more info let me know

Cheers

Kev
«13456

Comments

  • Doesn't look likely, I'm afraid - the key points being
    I ran over my toe
    and
    I never put it in accident book or informed anyone
    .

    I appreciate that you did ultimately speak to someone and entered it in the accident book retrospectively, but the fact that over a year has passed since the incident and the original details are sketchy, the company's legal people would be very unlikely to accept your claim. Plus, you might end up being out of pocket and unpopular at work if it all turns nasty.

    I may well be wrong - I'm sure others with better knowledge than me will offer advice, but I wouldn't be too hopeful.

    So sorry about your toe - hope you get well soon. x
  • fruitedeli
    fruitedeli Posts: 199 Forumite
    edited 23 February 2014 at 11:18AM
    You're partially at fault because they may not have provided safety boots, you didn't bother reporting it and left things too late. Even if you do win any claim the reward will be greatly reduced, and since you can't remember the exact date, you have no chance in claiming.

    How do you 'know' your toe wasn't injured outside of work? Can you prove it was this incident that caused your loss of toe? If a trolley hit my knee and I don't report it until half a year later, what's to say I didn't injure my knee later on and putting the blame on the employer?
  • kevhky
    kevhky Posts: 97 Forumite
    Thanks for reply
    Reason I ran over me toe I was pulling a heavy trolley then had to stop fairly quickly to avoid hitting into members of the public

    I entered it into accident book approx 2 to 3 month after

    Regards
  • kevhky
    kevhky Posts: 97 Forumite
    fruitedeli wrote: »
    How do you 'know' your toe wasn't injured outside of work? Can you prove it was this incident that caused your loss of toe? If a trolley hit my knee and I don't report it until half a year later, what's to say I didn't injure my knee later on and putting the blame on the employer?

    It wasn't injured before I know that but I know what your saying regarding putting blame on employer for it
  • I think the accident book omission killed your chances, not the time elapsed since you couldn't have known the extent of the damage at the time of the incident.

    Having said that, you could have a case for partial blame if there is a higher than normal risk to limbs not included in your employers health and safety.

    It matters not the attitude of the employer during any lodged case as you are the injured party - evidently serious, and the employer has a duty of care towards its minions.

    If it was me, I would investigate further into whether a case would be feasible.
  • kevhky
    kevhky Posts: 97 Forumite
    I'm not the sort of person to put small accidents in the books which I thought it was at the time, if I knew it were to turn out the way it has I'd have definately entered it at the time

    I've had around 28 years continuos employment and never entered anything in the book also never had a days sick in all this time

    I've had plenty of knocks / bumps and scrapes in my time but they normally heal without anything further

    Regards
  • pmlindyloo
    pmlindyloo Posts: 13,073 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You are still within time limits to make a personal claim.

    Some useful information here:

    http://www.adviceguide.org.uk/england/law_e/law_legal_system_e/law_personal_injury_e/personal_injuries.htm

    First question - are you in a union? If so, seek advice from them - that's what you pay your fees for.

    Next, try and work out the date of the accident - ask your 'witness' for some help. What date did you put in the accident book?

    See if your witness is willing to make a written statement about this. any other witnesses to the accident?

    What does it say in your contract about safety equipment? Should you have been wearing safety boots? Have any employees ever requested safety boots? How heavy was the load? Was it within company policy limits?

    You know your weak points so I won't go over this.

    If you think you might have a case then go through a No Win, No Fee solicitor or at least get some advice from one.

    It is quite possible that your employer will be insured against accidents like this and may even settle out of court.

    The other thing to consider is what would happen during/after the 'case' is brought against your employers? Would you be happy to stay there? Do you think it would change the 'atmosphere' at work?
  • dickydonkin
    dickydonkin Posts: 3,055 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 23 February 2014 at 12:49PM
    There is a lot of misinformation on here.

    Despite what the OP did or didn't do post accident bears no relevance in respect of how the accident was caused.

    First of all, not recording an accident in the accident book does not necessarily mean that there was no negligence on behalf of the employer.

    If safety footwear was issued and not worn, then there is potentially an element of contributory negligence.

    If the OP does pursue a claim, they will likely ask for risk assessments and safe systems of work and evidence that such information contained within them was conveyed to the injured person.

    Nobody on here is able to state categorically that the OP would not have a case - that would ultimately be decided by legal minds, however, what this example does show that it is important to report every accident to enable an investigation to ensure it does not happen again.
  • kevhky
    kevhky Posts: 97 Forumite
    pmlindyloo wrote: »
    You are still within time limits to make a personal claim.

    Some useful information here:

    http://www.adviceguide.org.uk/england/law_e/law_legal_system_e/law_personal_injury_e/personal_injuries.htm

    First question - are you in a union? If so, seek advice from them - that's what you pay your fees for.

    Next, try and work out the date of the accident - ask your 'witness' for some help. What date did you put in the accident book?

    See if your witness is willing to make a written statement about this. any other witnesses to the accident?

    What does it say in your contract about safety equipment? Should you have been wearing safety boots? Have any employees ever requested safety boots? How heavy was the load? Was it within company policy limits?

    You know your weak points so I won't go over this.

    If you think you might have a case then go through a No Win, No Fee solicitor or at least get some advice from one.

    It is quite possible that your employer will be insured against accidents like this and may even settle out of court.

    The other thing to consider is what would happen during/after the 'case' is brought against your employers? Would you be happy to stay there? Do you think it would change the 'atmosphere' at work?

    Thanks

    No I'm not in a union the company don't have one

    Regards to the date I've not a chance of pin pointing it

    Yes witness will give me a statement no problem there were no other witnesses

    I completed the accident book in June (6 month after the accident) after being to by my line manager, we were also in contact with Health and safety manager at Head Office

    Regards wearing safety boots there is nothing in contract and no one is issued with them

    The load / weight I'm not sure about but I could get an average weight off similar trolleys

    I thought I'd get advice from here before going to no win

    My boss says that she doubt Head Ofiice will do anything nor get upset bout me if I do claim

    Regards

    Kev
  • kevhky
    kevhky Posts: 97 Forumite
    Although I never filled accident book in until June I informed my line manager of the accident around March
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