Should I Had Compensation From Work?

[bradfordfabia]

 

I work for the local council and 2 years ago I had a accident while doing my job. I am a gardener/groundsman and while litter picking a play area I slipped on a grass banking and I tore a knee ligament which cause me to have a long time off work and my life ruined for the past 3 years nearly. I have tried to get compensation but have been turned down because council insurance company said it was just a accident and no body was to blame, but I was at work and doing my job. Do you think I should get compensation?.

 

Answer

[Ootohere]

If the accident was 2 years ago they can not be responsible surely for nearly 3 years of misery.

Best sort out the timeline before suing..

 

So.

Where you trained, was there risk assessments, supervision, & where you wearing the correct foot wear. 

Steel toe cap Golf Shoes, Crampons, or tackety boots?

 

Did you do your own H&S assessment and wear the correct foot wear and take proper care not to fall over or slide.

 

Where there is blame there is a claim, so best go through the situation and consider who's fault, the employers or yours.

The Insurance Underwriters will almost always say yours.

 

Get professional advice from a professional in Accidents at work.   Not a Golf professionals....

 

You will need to take an action against your Employer. But you have left it a bit late.

Edited 31 January, 2019 by Skoffski

[Ootohere]

PS

You should have had a Solicitor 2 years ago.  Action against the Council if there was need, not the NHS.

http://briskoda.net/forums/topic/434539-should-i-sue-the-nhs

 

[bradfordfabia]

It was end of 2016 when it happened. Yes had proper boots and have gone to 2 solicitors and each time council coming back saying it was an accident.

 

But I was at work doing my job. Council said I should have walked round the path and walked up the grass banking but I still would be going on the grass. It hadn't rained for weeks,had  dew on the top being November. 

Edited 31 January, 2019 by bradfordfabia

[Liger1956]

If you are in a Union then they will normally supply free legal advice for such matters (at least mine would have done).

[Ootohere]

Council Tax Payers would expect the Councils Insurers to defend an action.

 

If you have not raised an Action Against the Council, your employers but just made a claim which went to the insurers then that is not enough.

 

The Solicitors might not have been working on your best behalf.

 

I Lost a leg on a motorbike in an accident or unfortunate incident with someone not paying attention or driving with due care, only many many years later did i find my Insurer had done a deal with the other insurer that my case was settled and i never went to court, i took the advice given at the time and lost out by a lot of cash /money,

and another case that the Insurers was defending went the way of another claimant that they acted for, 'scratch my back and i will scratch yours' type thing, but money as the back scratcher...

 

Take action against the Council if there is an action to take.

As it is were you trained and instructed to use paths and 'Stay off the grass',  as a Gardener / Groundsman ????

Edited 31 January, 2019 by Skoffski

[KenONeill]

Insufficient data - Near where my Mum lives there's an embankment that the council are responsible for. The approved method of working for grass cutting and general Wombling requires the workers to have rope access training and use safety lines.

[Russ77]

How high/steep was the grass bank?  

 

If you just slipped then it is just an accident, yes you were going about your job if your employer wasn't negligent I can't see how it's their fault?

I work in an office, if I fell down the stairs, provided there was no loose carpet, hand rails etc it's my fault, not the company's fault I couldn't safely negotiate a set of stairs.

[Jigger72]

I fail to see how the council is responsible? Did they put the dew there? Should they have flattened the bank? Surely this is just a horrible accident and while I feel for you, I cannot see how anyone is to blame? 

 

Perhaps what the council could/should have done is find you alternative employment within the organisation that didn't require physical stress on your knee? How long did the council give you sick pay before handing you your P45? I'm assuming they didn't immediately make you redundant. Did they offer any alternatives? 

[J.R.]

In order to answer the question asked in the title could you explain what financial hardship you have suffered please?

 

If you are unable to work through injuries sustained while carrying out your work and you lose pay, pension contributions, promotion etc or even your job as a result then maybe there are grounds for complaint.

[Breezy_Pete]

26 minutes ago, Russ77 said:

I work in an office, if I fell down the stairs, provided there was no loose carpet, hand rails etc it's my fault, not the company's fault I couldn't safely negotiate a set of stairs.

 

Where I work we have notices on the walls of the stairwells saying "Please use the handrails"

It depresses me.

 

[Russ77]

21 minutes ago, Wino said:

 

Where I work we have notices on the walls of the stairwells saying "Please use the handrails"

It depresses me.

 

 

Yup, definitely is a sorry state of affairs but TBH, I can't blame a company for doing it.  It's all about covering their gluteus maximus

[bradfordfabia]

2 hours ago, J.R. said:

In order to answer the question asked in the title could you explain what financial hardship you have suffered please?

 

If you are unable to work through injuries sustained while carrying out your work and you lose pay, pension contributions, promotion etc or even your job as a result then maybe there are grounds for complaint.

I have lost about £4000 in winter call out overtime plus paying for hospital car parking for physio appointments etc etc.

[bradfordfabia]

3 hours ago, Liger1956 said:

If you are in a Union then they will normally supply free legal advice for such matters (at least mine would have done).

I did that first and unison's solicitor's tried first with the claim.

[bradfordfabia]

3 hours ago, Skoffski said:

Council Tax Payers would expect the Councils Insurers to defend an action.

 

If you have not raised an Action Against the Council, your employers but just made a claim which went to the insurers then that is not enough.

 

The Solicitors might not have been working on your best behalf.

 

I Lost a leg on a motorbike in an accident or unfortunate incident with someone not paying attention or driving with due care, only many many years later did i find my Insurer had done a deal with the other insurer that my case was settled and i never went to court, i took the advice given at the time and lost out by a lot of cash /money,

and another case that the Insurers was defending went the way of another claimant that they acted for, 'scratch my back and i will scratch yours' type thing, but money as the back scratcher...

 

Take action against the Council if there is an action to take.

As it is were you trained and instructed to use paths and 'Stay off the grass',  as a Gardener / Groundsman ????

I have spent hours on grass bankings, either cutting them or planting trees etc etc so we need to go on grass bankings quite a lot.

[Ootohere]

There you go then, that should be part of your evidence along with others supporting you in that. 

The supervisor, the client/customer having the work carried out which is also your employer. 

 

Why did the Solicitors not get further help towards taking it to court for you in a Civil Action?

 

In Scotland you would only have 3 years to raise the action i believe.

Edited 31 January, 2019 by Skoffski

[bradfordfabia]

I have been with the council for 26 years , in this time I have slipped down bankings and twisted ankles and had a concrete block hit me on the head after it was thrown on the he van and bounced off causing me to have hospital treatment, I could have made a claim but didn't. But this is a life changing injury.

Edited 31 January, 2019 by bradfordfabia

[Ootohere]

Best get proper legal advice now then and ASAP.    Something seems to be wrong along the line.  Maybe the Union Solicitor in the first instance.  'Back scraching...'

[Sad555]

Don’t you have to report an accident at work within a certain time period?

[Guest]

1 hour ago, Wino said:

 

Where I work we have notices on the walls of the stairwells saying "Please use the handrails"

It depresses me.

 

https://amp.businessinsider.com/the-story-behind-the-caution-contents-hot-label-2016-10

[Ootohere]

@Sad555

The Council Insurer rejected a claim, on an accident that was reported. 

  H&S should have investigated when Sick Lines were submitted.  Because SSP was paid on an 'Accident at work while working'..

Edited 31 January, 2019 by Skoffski

[bradfordfabia]

1 hour ago, Sad555 said:

Don’t you have to report an accident at work within a certain time period?

The accident was entered into the accident book.

[gadgetman]

If you have legal cover on your home insurance, contact them ASAP 

[AGFalco]

5 hours ago, Wino said:

Where I work we have notices on the walls of the stairwells saying "Please use the handrails"

It depresses me

 

Have you tried walking down the handrail then? 

 

Thanks AG Falco

[Brimma]

I would be amazed if the Council are held responsible in these circumstances

 

They can't control the weather, so dew on the ground is not something they can be accountable for. How can it be said they have been negligent? 

 

If I was a taxpayer in your area I'd be up in arms if the budget was used for such payouts