accidents at work

[buzzyb]

Af'noon all,

five months ago I fell down a flight of stairs whilst at work. I chose not to go to hospital but saw my GP the following day, there are no broken bones but serious damage to my ligaments therefore walking is very difficult and painful and I am waiting for surgery to repair the damage. Since the accident I have been formally signed off sick by my GP but have chosen (with my bosses permission) to work from home.

It is my choice to work for two reasons, i) i am worried about sick absence and pay ii) i'd be bored to death with nothing to do!

There is no formal procedure for working from home nor has any risk assessment taken place. I did contact HR who blew a fuse and told me they would get back to me and didn't!

I don't think any form of investigation has taken place and I am not even sure if the accident was formally recorded - my boss has not mentioned it.

My union rep is advising me to make a claim, but i don't feel confortable with this. I am worried that because i am naturally clumsy it will come back as being my fault and this will affect my job.

I work for a very large, well know organisation so they probably have *hit hot solicitors

Can anyone offer any advice.

[another-view]

If you fell down the stairs, it was your accident. I personally wouldn't pursue it unless you want to lose your job.

[Hazel104]

Regardless of the cause of the accident your employer has not handled this correctly. There should be clear guidelines for investigating/ recording accidents at work, and a risk assessment for you working at home, this accident should have been reported to RIDDOR as well. Does your employer have anyone that deals with health and safety within HR or facilities?

You can not lose your job for making a claim (over 1 year), many people do, win and continue working for that employer with no problems at all.

What did the cause fall anyway?

[another-view]

"You can not lose your job for making a claim (over 1 year), many people do, win and continue working for that employer with no problems at all. "

Maybe not officially but they can sure make your life hell.

[Hazel104]

A good employer would not, mine wouldn't.
Beside if they do that they are guilty of constructive dismissal.

I would say however (not relevant to this post) that if it was an accident that involved gross misconduct then yes the employer would be able to dismiss the employer but. In such cases compensation was would be apportioned appropriately as well.

[Hazel104]

sorry ...dismiss the EMPLOYEE.

[CheekyChops]

To make a claim, you would have to prove that your employer had been negligent in some way and that the accident could have been prevented. Could it have been?

[hc4361]

Exactly so. If the employer was negligent by not maintaining the staircase or bannister; or causing the staircase to be wet, slippy or unstable which directly caused you to fall you could make a legitimate claim. Or if they demanded you carry heavy or awkward loads which caused you to lose balance.
If you just fell down and it was just one of things, an accident, you have no claim whatsoever.
You have to prove they were negligent and contest a claim of contributory negligence on your part - did you hold the bannister? Were you wearing suitable footwear? Watching where you were going? Running or hurrying, using your mobile or otherwise not taking proper care?

[scotman]

I think your first sentence say it all.

'I fell down a flight of stairs'

[buzzyb]

Thanks for you replies it has been very helpful.

Like i said in my first email I do not feel comfortable with making a claim but the untion rep is advising me to do so.

I wanted to hear others view on this situation

[susanlappin31]

you can have claim for it as long as you believe that you have a strong grounds..