Accident at work

Mandywes

I wonder if anyone can provide some guidance.


My husband had an accident at work back in October. The accident was as a result of something that he had previously reported as being a hazard, but was not corrected and he injured himself resulting in having to have 5 days off work.


He was only paid SSP and the company would not consider the fact that his absence was related to a H&S issue.


He considered seeking compensation externally as a result, however he left the company, due to relocation in November and has since contacted the company to ask them to look into this prior to using a solicitor etc.


They have, as a gesture of goodwill, paid him for the additional money he lost during his sick, although they have stated this is not as a result of the investigation into his accident (otherwise that would be accepting liability!).


They have said that an investigation has been conducted and completed, but not provided any outcome, simply saying, there are no outstanding points.


I wondered if he has the right to ask for a copy of the investigation report (nobody has contacted him during this investigation to get his version of events) and if he will have a claim for compensation or whether its worth asking them to consider this prior to seeking legal action.


Any advice would be appreciated.

Comms69

He hasn't actually lost anything though? So what would you sue for?

Mandywes

The injury he sustained. He had previously reported this problem so it could have been avoided.

Comms69

Mandywes wrote: »

The injury he sustained. He had previously reported this problem so it could have been avoided.

But he has suffered no loss. He was off work for 5 days and this is now paid.

TELLIT01

I suspect he would only have a claim for additional payment if he could show that there were long term consequences from the accident. If the former employer has agreed to make up the shortfall, and there is no long term problem, it's probably best to leave it.

TBagpuss

He might have a personal injury claim, in which case he would be able to claim for pain and suffering, any additional financial costs (excluding the loss of wages, which he has now received), and any long term issue.

Whether it is worth while, or appropriate, will surely depend on the nature of the accident and injury. If he was fully recovered within 5 days with no longer term effects then any compensation would be minimal. If he was able t o return to work after 5 days but continued to suffer longer term, and/or was left with any permanent injury or disability then it would be more reasonable for him to look for comenstation to reflect that, and it would be reasonable for him to contact a local PI soclicitor.

if he is concerned that health and safety was lax and that the accident may not have been reported, or that procedures had not been improved before he left he could make a report to the HSE or local council, as appropriate http://www.hse.gov.uk/contact/concerns.htm

BorisThomson

Comms69 wrote: »

He hasn't actually lost anything though? So what would you sue for?

Where there's blame there's a (oft frivolous) claim!

Trentenders

If he knew it was a hazard then how did he end up injuring himself?

Takeaway_Addict

Does he need them as a reference? If so...prob best not to sue.

z1a

Trentenders wrote: »

If he knew it was a hazard then how did he end up injuring himself?

To prove a point!

TBagpuss

Trentenders wrote: »

If he knew it was a hazard then how did he end up injuring himself?

Depending on the circumstances of the accident, it's possible there could be an element of contributory negligence, if your partner was considered to be partly responsible for the accident.