Injured Whilst Performing Work Duties – Can I Make a Claim?
A Royal Mail postman who covered a colleague's shift was injured
when he stumbled after leaving his company issued van. He suffered damage to his ankle and sought compensation for his injuries.
Damaged Tarmac Causes a Fall
After leaving the van, the postman realised he needed to collect his PDA scanner
used to scan parcels prior to delivery. He climbed up into his van from the passenger's side and reached over to get the PDA system. As he stepped down from the van onto the kerb, his foot twisted on the damaged tarmac
, which had worn away.
An eye witness to the accident provided us with a statement
to support the injured man's case. The witness had heard the post van pull up outside of her house. She saw the postman step out of his van onto the curb which had 'broken away'. When the accident happened, it was obvious that he had hurt himself. She helped him inside her house and put ice on his ankle, which had already started swelling
Physio Provided by Royal Mail and the NHS
He phoned his manager who came to collect him and take him to the hospital. At the hospital, he received an x-ray and was told there was no bone damage but he may have suffered possible ligament or tendon damage
. After initially being signed off work for 4 to 5 weeks
he was still suffering from on-going symptoms. He returned to his GP who advised further time off work. He also received physiotherapy through the Royal Mail
which was carried on via the NHS.
We arranged for a later medical report from an orthopaedic surgeon to confirm his injuries. The council could not show within the meaning of the relevant law that they had a reasonable system of maintenance and repair in place. They had to accept they were at fault. Off the back of this, we negotiated a settlement of £13,000 compensation
for the injured postman.
Another example of injury during daily work duties is that of a 53-year-old cleaner who suffered a large cut
to her arm whilst at work. She received £1,000
in compensation for her injury which left scarring.
Exposed Screw Causes Danger
The woman was working in a mail centre in Nottingham, where a private company employed her. She was walking along a path by a designated route when she scraped her arm on an exposed screw
attached to a nearby barrier. Rusty nails and animals bites are breeding grounds for tetanus infections.
Compensated for her Large Scar
Because of the accident, the woman was left with a large scar on her arm. As a result of the accident, the screw was subsequently filed down
and removed to prevent harm to other employees.
Misty Cawley, a solicitor at Simpson Millar LLP was able to secure a compensation settlement of £1,000
for the cleaner's injuries.
Top Tips to Take Away
- Whether you were covering someone else's shift or carrying out your own, it will make no difference to your claim
- On-going symptons may increase your time off work, and therefore increase your compensation for loss of earnings
- Injuries whilst working can often happen inccuously, but cause great damage either short or long term