Claim off employer

Malarky21

Just a quick question, can you make a claim against your employer (assuming they have liability insurance of course) for any condition which you believe has been caused by your job over a period of years? I've spoken to a couple of no win no fee solicitors who have said if there was no specific accident of note then it would be tricky....

elsien

Believe, no. Prove, yes.
What evidence do you have?

cymruchris

Do you mean something that has developed over the years to be something that now affects your job?

Is there a record of you making various reports and complaints over the years on file as to whatever was the issue, and the company actions or inaction as a result? 

I imagine if there's a long paper trail that you've tried to get something changed to alleviate the issue, and nothing had ever been done you might have a claim, but if you've been doing the same thing for years, never said a thing, and now that something has gotten to the stage that you want to do something about it, you may find it more difficult.

If a solicitor you've spoken to says without an accident of note it might be tricky - they're probably right.

You haven't really given details of what the issue is though - so we aren't best placed to say whether we think there's a chance of success or not. 

Undervalued

Malarky21 said:

Just a quick question, can you make a claim against your employer (assuming they have liability insurance of course) for any condition which you believe has been caused by your job over a period of years? I've spoken to a couple of no win no fee solicitors who have said if there was no specific accident of note then it would be tricky....

They have answered your question!

Yes if you have sufficient evidence to convince a court, on the balance of probabilities, that the employer was the cause of your condition. However for something gradual "over a period of years" you will have an uphill battle.

DullGreyGuy

Malarky21 said:

Just a quick question, can you make a claim against your employer (assuming they have liability insurance of course) for any condition which you believe has been caused by your job over a period of years? I've spoken to a couple of no win no fee solicitors who have said if there was no specific accident of note then it would be tricky....

Legally they will have to have held insurance if they had employees but technically the insurance being there isn't necessary for you to make a claim. 

Yes you can claim for things that occur due to repetition, just look at all the asbestosis and CPOD for those working with asbestos and other lung irritants, carpal tunnel syndrome for those using vibrating machines, RSI for keyboard warriors, deafness for those in loud environments etc. 

Its much harder to link the injury back to a single employer though unless you have a condition well documented to be linked to a certain type of work/exposure and your sole exposure was via a single employer otherwise, say you changed employer every 6-9 months, then you are just throwing mud and hoping that some will stick which won't meet the 51% chance of success a solicitor needs to get ATE insurance for a no win, no fee case. 

Malarky21

It’s a back problem. I’ve worked there doing the same job for many years and can’t think of any other cause. I’ve not made regular complaints but have recently asked for help with extra equipment etc but the condition won’t get better for the foreseeable future. 

MattMattMattUK

Malarky21 said:

It’s a back problem. I’ve worked there doing the same job for many years and can’t think of any other cause. I’ve not made regular complaints but have recently asked for help with extra equipment etc but the condition won’t get better for the foreseeable future. 

Getting older, sub-optimal posture, sitting on the sofa for too long in the evening etc. Whilst work could be the cause, unless there was a specific accident then it is unlikely to be something you could prove and therefore impossible to claim for. 

lincroft1710

As soon as you mention "back problems", then you're talking about one of the most difficult injuries/conditions to prove, especially as the cause of the problem is often the lifestyle of the sufferer - sitting incorrectly, lifting incorrectly etc.