Accident at work, employer says i can't claim

micky5k

Hi, my names Michael I'm 29 and I am a supervisor in a bar/restaurant/hotel, 8 weeks ago i slipped on the kitchen floor after it had been mopped at the end of service. I suffered a broken patella (knee -smashed into several pieces) and was hospitalised for 3 days, i have been placed on SSP at work.
I have recently learned that my employer has made all staff on shift that night sign statements that a wet floor sign was in the kitchen and that would mean i am not entitled to a compensation claim if I was to try for one.
doctors have told me that I could be layed up for up to 6 months and my knee will have recurring problems in the future i.e knee replacements for the rest of my life. now the night in question was just as any other before it i was simply carrying two empty plates from diners in the restaurant into the kitchen, on the outside of the door into the kitchen there was no visible caution sign for a wet floor. As I took my first step into the kitchen i slipped and with both hands full could not stop myself from falling and i landed with full weight and impact onto my right knee. as i was checked on by staff and first aider who said it was just a dislocation, we joked about there not being a wet floor sign and one of my fellow members of staff went to get one and placed it next to me in jest. now it's come to my knowledge that all staff members have made statements saying the sign was there all the time inside the kitchen. but as any other time to do my job, I must walk in the kitchen when it's wet as I and all staff do.
I'm looking for some advice on what and if a claim would still be worth pursuing or if i haven't got a leg to stand on (quite literally at the moment)
Thanks Michael.

Pennywise

So you're saying it was a normal evening, the kitchen floor was mopped as normal, it was wet as normal?

micky5k

yeah they don't dry mop it or have dry mats to walk on

pmlindyloo

Was the accident written up in the accident book at the time?

On the face of it you might have a claim for compensation but it would be best to discuss this with a professional. Of course, I am sure you realise that having statements from other employees about the Wet Floor sign being there might be a problem. However, there may be ways round this depending on where the sign was placed, what the statements actually say, whether someone would retract their statement/whistle blow.

Plus, do you want to return to your job? I notice you are a supervisor. Do you have responsibility for ensuring that 'good housekeeping' takes place? Do staff normally use the signs? Lots of ifs and buts here.

a link for you:

https://direct2compensation.co.uk/articles/slip-and-trip-accidents/how-do-i-know-if-i-have-a-valid-slipping-accident-claim

Are you a member of a union? Do you have legal cover on your home insurance which would cover this? Or google for a NO Win No Fee solicitor (but read their small print very carefully)

maninthestreet

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Pennywise

micky5k wrote: »

yeah they don't dry mop it or have dry mats to walk on

Should you not have expected it to be wet then if it was a normal occurrence?

What difference would a sign have made anyway? If there was a sign everyday, presumably you'd be accustomed to seeing it and maybe the same would have happened?

As a supervisor, is it not part of your job to ensure the staff you were supervising put out the signs?

I'm just playing devil's advocate here to give you the kind of questions that will be used by the employer to defend themselves if you claim against them.

micky5k

i will be returning to work when i can but unsure as to what duties that i normally undertook i would still be able to, as a front of house supervisor i maintain high standards of safety and housekeeping but i know the kitchen staff is only given 30mins at the end of service to clean the kitchen so most the time it is a rush job as after 10 hour shifts they want to be away, wherein sometimes a less than satisfactory job is done which owner knows but hasn't taken steps to help the situations. again on front of house sign is used when mopping up spills or when rainy days i cant say the same for kitchen as if they do it's never been in a noticeable place i.e outside of doorway into kitchen so myself and staff are aware that going into the kitchen to take extra precautions.

Thank you for the advice

micky5k

Pennywise wrote: »

Should you not have expected it to be wet then if it was a normal occurrence?

What difference would a sign have made anyway? If there was a sign everyday, presumably you'd be accustomed to seeing it and maybe the same would have happened?

As a supervisor, is it not part of your job to ensure the staff you were supervising put out the signs?

I'm just playing devil's advocate here to give you the kind of questions that will be used by the employer to defend themselves if you claim against them.

as a working kitchen i always take precaustions at anytime, the sign wouldnt have made a difference as i wasn't rushing around or mucking about i was simply doing my job and slipped. i dont have any precident over the kitchen staff, but i will always say something if i see them doing anything i belive is dangerous or hazzadous and on this occation the young lad was still mopping and hadnt put sign out yet as when i was on the floor we joked about the sign not being there and we placed it right next to me.

paddedjohn

Tell your boss that you may have to claim against him for loss of earnings as ssp isn't enough to live on, he may be happy to top your wage up to avoid any action.

micky5k

paddedjohn wrote: »

Tell your boss that you may have to claim against him for loss of earnings as ssp isn't enough to live on, he may be happy to top your wage up to avoid any action.

that's the point of the question really, as she has said I haven't got a claim against them and would only waste everyones time, and i feel she would take it personally

sangie595

micky5k wrote: »

that's the point of the question really, as she has said I haven't got a claim against them and would only waste everyones time, and i feel she would take it personally

Employers tend to take claims personally. But the point is that you either have one or you do not, and the only person who can determine the relevance of a claim is a solicitor. If there are likely to be recurring long term problems, these will continue long after your employment here ends, and that is something compensation looks to address.

There isn't a way of staying "friendly" - you either go to a solicitor or you do not. Unfortunately, it is that simple. Just making up your wages - which I doubt they will do anyway because that would imply an admission of fault - isn't enough to compensate for your future.