I Didn't Complain About My Injury At Work – Can I Still Claim?
Recently, a man came to us after suffering a painful accident at work
. We managed to help him get compensation for his injuries and bring his employer to account for not keeping a safe working environment.
Will An Existing Back Problem Hinder My Claim?
The 33 year old was working as a kitchen porter. He was wearing his safety shoes
as he made his way through the main kitchen when he slipped on a recently mopped floor. As a result of his fall he slipped a disc in his back
. The pain was made worse by the fact that he already had a pre-existing back injury. Because of the accident, daily activities became a hardship
and he could only walk for around 35 minutes at a time.
His then employer had the practice of defrosting meat in pans, this meant the floor needed mopping regularly
to clean up excess water. They initially denied this practice until the kitchen porter provided us with photos
taken a few months after his accident, proving the practice was on going.
No-one To Replace Kitchen Porter
The employer also tried to put forward the argument that as the kitchen porter, it was the injured man's job to mop up any spillages
. However, we were able to show that 3 weeks before his accident he was promoted to junior chef
and no one was employed to replace him as the kitchen porter.
Clearly, the employer had let the standards of his business slip, leading to the injury of an innocent hardworking employee
. In all we found 7 examples of how the employer had failed the employee and put him in harms way whilst doing his job.
What If My Employer Denies The Accident Ever Happened?
From the beginning, the man's employer denied that the accident had even happened. This was further made difficult for us because the accident hadn't been reported
until several months after it occurred. Despite this, we were able to prove that his accident happened at work by obtaining his medical records which contained a reference to an "accident at work".
With all the evidence we obtained working against them, the employers made an offer to settle the kitchen porter's case out of court
and proposed an amount of £10,000
to end the case.
Top Tips to Take Home
- Try your best to report the accident as soon as possible – this will help your solicitor to put together your claim
- A pre-existing condition should not hinder you from bringing a claim if you have been injured at work
- By law your employer must keep you safe in the workplace, no matter what position you work in