Workplace Accident Claim Denied – My Experience

sou_m

I wanted to share my experience regarding an accident I had at work, which was unfortunately denied for reasons I find unfair and frustrating.

The incident occurred when the ATM door fell on me, causing a severe concussion that lasted nearly eight months. Alongside the physical injury, I have also been dealing with PTSD, anxiety, and depression as a direct result of the accident. Despite the serious impact this has had on my life and well-being, my claim was rejected.

The company denied my claim for two main reasons: first, they questioned the length of time I had been employed and my level of experience, as if that somehow made the accident less valid. Second, they expressed concerns about the actual item that fell on me, despite there being no proof to dispute my claim. Rather than acknowledging that a serious accident occurred, they seemed more focused on discrediting my experience.

I find it deeply concerning that, instead of prioritizing employee safety and well-being, the company has chosen to dismiss my injuries based on irrelevant factors. No matter how long someone has been with a company, their health and safety should always come first.

I would really appreciate any advice from others who have faced similar situations. What steps did you take to challenge an unfair claim denial?

400ixl

What professional advice have you had so far, and what process have you followed with your employer?

Sorry to say, this sounds like it needs proper legal advice with the full background known, not some random advice from people on an internet forum with the only knowledge of the circumstances being the little background you have given.

TELLIT01

Were there any witnesses to the accident?  It's unlikely that any employer or insurance company will simply accept a claimants version of events with supporting evidence.

Why did they say the amount of time as an employee was relevant, and how long had you been employed by them at the time?

As per my first question, there may be no evidence to dispute your claim, but there may also be no evidence to support your claim.  Whilst not saying your claim is not true, anybody can claim anything has happened if there is nobody around to dispute it.

MattMattMattUK

sou_m said:

I wanted to share my experience regarding an accident I had at work, which was unfortunately denied for reasons I find unfair and frustrating.

The incident occurred when the ATM door fell on me, causing a severe concussion that lasted nearly eight months. Alongside the physical injury, I have also been dealing with PTSD, anxiety, and depression as a direct result of the accident. Despite the serious impact this has had on my life and well-being, my claim was rejected.

A concussion, even severe only normally last a few days to a few weeks. Technically a concussion cannot last longer than 28 days as after that it becomes post-concussion syndrome. It is also quite rare for someone to get concussion from something falling on them, there is not normally enough change in velocity to cause concussion, though it can cause other brain injuries. Do you have proper medical reports from the hospital and your GP, ongoing treatment records etc.?

sou_m said:
The company denied my claim for two main reasons: first, they questioned the length of time I had been employed and my level of experience, as if that somehow made the accident less valid. 

How long had you been at the company? It may factor in, if for example it was your first day, you were inexperienced and went off and opened an ATM door which then hit you on the head, whilst that is a health and safety failing for you being allowed near the ATM it may also be relevant as it could look like an engineered situation.

sou_m said:
Second, they expressed concerns about the actual item that fell on me, despite there being no proof to dispute my claim. Rather than acknowledging that a serious accident occurred, they seemed more focused on discrediting my experience.

You say that there is no proof to dispute your claim, that is largely irrelevant, what is important is do you have proof to support your claim? How did the door fall, was it faulty, were you authorised to access it, should you have been accessing it at the time the incident occurred, were there any witnesses, was an ambulance called, was there an investigation, were the HSE informed/involved etc.

sou_m said:
I find it deeply concerning that, instead of prioritizing employee safety and well-being, the company has chosen to dismiss my injuries based on irrelevant factors. No matter how long someone has been with a company, their health and safety should always come first.

I might be reaching somewhat, but I get the feeling from what you have written you may have been at the company a very short period of time before the incident occurred and your employer may have serious doubts about if the accident occurred, if it was a genuine accident and about the severity of any symptoms. 

sou_m said:
I would really appreciate any advice from others who have faced similar situations. What steps did you take to challenge an unfair claim denial?

Have you spoken to the HSE, Citizen's Advice, ACAS, ambulance chasers, a proper solicitor? 

Savvy_Sue

MattMattMattUK said:

Have you spoken to the HSE, Citizen's Advice, ACAS, ambulance chasers, a proper solicitor? 

And were / are you in a trade union?

sou_m

I understand your perspective, but I want to clarify that I have been working for the company for 18 years. This isn’t a case of being a new employee with questionable circumstances. The accident was very real, and the impact on my health has been severe.

There are witness statements and video evidence confirming that the ATM door fell on me. Despite this, my claim was still denied, which is frustrating and disappointing. It feels like my long-standing service and the clear evidence of what happened are being ignored in favor of casting doubt on my injuries and the severity of my symptoms.

I appreciate any advice on how to challenge this decision. Has anyone else faced a similar situation?

swingaloo

Have you got medical evidence and reports to back up your claim?

Alderbank

No-one is disputing that an ATM door fell on your head, strange though it sounds.

However your employer is only liable if they are negligent in some way.

• What is their line of business and what exactly is your job description?
• Who owns and maintains the ATM?
• Did this happen in a public place?
• Were you 'at work' at the time of the accident or were you on your way home, on your lunch break, etc?
• Was the task you were carrying out at the time risk-assessed, and were you suitably trained?

These are just some of the answers needed to decide whether your employer has any liability.

Marcon

sou_m said:

I understand your perspective, but I want to clarify that I have been working for the company for 18 years. This isn’t a case of being a new employee with questionable circumstances. The accident was very real, and the impact on my health has been severe.

There are witness statements and video evidence confirming that the ATM door fell on me. Despite this, my claim was still denied, which is frustrating and disappointing. It feels like my long-standing service and the clear evidence of what happened are being ignored in favor of casting doubt on my injuries and the severity of my symptoms.

I appreciate any advice on how to challenge this decision. Has anyone else faced a similar situation?

Cases like these are always distinguished on the facts, so other people's experiences really aren't ever going to be 'similar' enough to be of any practical use.

I think you are hopelessly overestimating what a forum like this can do, other than suggesting to you that you get proper legal advice if you wish to pursue your claim. If you can't afford to pay legal fees, then there are plenty of no win/no fee personal injury firms around. If they won't take on your case, it's a pretty good indication that they see little prospect of success.

It's important that you do take steps to move matters on, otherwise you are running the risk of hampering your own recovery. Many accident victims recover far more speedily once the matter of possible compensation has been resolved - a comment made not as a jibe, but as a matter of fact. 

SiliconChip

Alderbank said:

No-one is disputing that an ATM door fell on your head, strange though it sounds.

While I wouldn't dispute it I do think there are questions about how it could happen. I worked with ATMs for many years and invariably they were situated at or slightly above ground level so that they can be used for their intended purpose. For a door to fall on somebody's head the person would have to have their head not far off the ground. While that could happen it's not a natural position to be in. The other thing is that I can't recall any ATM where the door is not hinged at the side so that it swings to open, for the door to fall on someone's head it would have to be hinged at the bottom which isn't something I've ever seen.