My Husband had a serious Accident at work Advice Needed

Bobbobbobingalong

As above, your personal injury claim must start it's journey in the courts within three years of becoming aware the injury occurred, so here the clock is already ticking.

See below for useful information and don't delay in starting the ball rolling.

https://www.thompsons.law/support/how-to-make-a-personal-injury-claim/time-limits

Brie

you could try contacting your local red cross or St John's Ambulance office.  sometimes they have mobility aids and may have a bed suitable to borrow for a couple of months.

Undervalued

lincroft1710 said:

Undervalued said:

teddybear154 said:

Just wanted to say thanks again everyone for your replies.
My husbands work are thankfully being really good right now, spoke to them yesterday they have agreed to pay him full for at least 2 months which is a relief.
They are devistated that this accident happened.

They have reported incident to HSE and thankfully they have admitted that it was not my husbands fault. 

3 witness have confirmed that a low fridge draw was left open by another chef and my husband tripped over this draw when carrying pan back to his area.

We have this in writing and copy of initial report from HSE.

Chef who left drawer open has already been made to do health and safety training.

I will be keeping detailed records, receipts etc over next few months. Just incase we have to take legal action.

I know if you take legal action it can take along time. 

But we don't know right now what's going to happen and if he will recover and be able to go back to work.

So need to protect our selves.

Is there a time limit for taking legal action. Should we see a solicitor now or is it best to wait and see what happens over next couple of months.

Thanks again

Six years, five in Scotland.

.

Time limit for a personal injury claim is 3 years

Sorry, yes you are quite right. Six years applies to virtually all other types of non employment claims, apart from personal injury.

TBagpuss

As others have said, 3 years for a PI claim, it's reasonable to start as soon as is practical once you know how his recovery is going

dickydonkin

[Deleted User] said:

Hi,

I'm wondering if any one can give me some advice. I'm hoping I'm posting this in right place.
Back on Monday My Husband had a serious accident at work. 

He works as a Chef and service was about to begin. He went to get a Large pan that he needed to cook, on his way back with pan in his hands he thinks he tripped over some thing, and fell to ground. He doesn't know what he tripped on it all happened so quick.

He was wearing proper kitchen safety shoes that were both oil and slip resistant. So unlikely he could of just slipped and fell. 

He is very safely conscious and always takes precautions and makes sure he has correct safety equipment for working in Kitchen.

He took full impact on his left side. 
They had to call a Ambulance as he was in so much pain and could not move his leg.

He was rushed to hospital and they discovered he had broken his hip. 
He had surgery yesterday morning and had to have plates put in his hip. He is going to be in hospital at least a week and it will probably be a long recovery.

He won't be able to go back to work for many months and as his wages were are only income it's very worrying.

Where does he stand legally. Is there anything we should be doing right now to cover are selves.

I think the accident has been recorded, but does it need to legally be reported to some where.

I keep being told if it's a serious accident involving a broken bone, surgery etc is legally has to be reported to HSE. 

Is this true and if it is who is responsible for reporting it my husband or his employer.

So sorry to read about your husbands accident  - I hope he makes a swift recovery.

As others have commented, negligence from the employer needs to be proven to have a successful PI claim and as it seems the trip was caused by a drawer left open by a colleague, this in effect, still renders the employer potentially  'vicariously liable' in such a situation.

It does seem the incident has been reported under RIDDOR regulations - which should have been within 10 days of the incident  as it was deemed a 'specified injury' under the regulation - the 15 day reporting window only applies for an 'over -7 - day injury where the injured person cannot undertake their normal duties for more than 7 days (not including the day of the injury). Although this incident technically falls within both categories, due to the fracture and the speedy diagnosis, the 'specified injury' element of the regs became immediately apparent and hopefully reported as such.

Hopefully the cause of the accident (open drawer) was cited on the RIDDOR report as this should help any subsequent claim.

This accident seems to have been a bad one, but could have been even worse in a kitchen environment where knives, open Bratt Pans,boiling liquids and naked flames are all very evident in a commercial kitchen.

Such an injury can have a long term impact  -particulary in a role where a lot of standing is required such as a chef - and be mindful of this if, or when any personal injury claim is successful bearing in mind any potential long term effects the injury may have on your husband being able to continue his role.

That said, I'm sure you will have good legal and medical advice going forward.

Good luck for both of you.