Am i to blame ???

Hello all , ok firstly im a driver and deliver to a range of customers ,
i had the miss fortune of having a fall down some stairs on a farm and ripping the tendons in my ankle
3 weeks down the line and were looking at maybe another 2 or 3 weeks before im back in the
saddle !! i cant help but think about putting a claim in , but was it my own fault ■■?
im apprehisive about ringing the injury lawyers ■■ not wanting to ruffle any feathers at work
its a good job for a good employer
do i just put it down to bad luck ■■
no idea !! thanks in advance

What was the negligence by the farmer?

Do you get a good sick package? If so then maybe best to leave it. If your employer isn’t paying you for being off then it I suppose it can’t hurt to ring. Just be aware that you could turn yourself into a target.

For me, it would depend if they are paying me while I’m off work.

If being paid and not lost any money, I wouldn’t sue

Not being paid at all? Fill your boots

1.did you report it to the farmer and your employer immediately and get it entered in an accident book ?
2.what condition were the steps in ?
3.had a risk asessment previously been carried out at that premises by your employer ?
these would be the first things any claim company would want to know.
Personally, I would put it down to bad luck, call myself a clumsy [zb] and hope for a speedy recovery.

It’s not your employer :sunglasses: you’re claiming from :laughing: it’s THEIR insurance. :grimacing: :grimacing: :grimacing: :grimacing: fill your boots :smiley:

I think ive already got the answer !!
stop watching day time TV
Because im in my first year of employment im not entitled to full sick pay so im on SSP shocking :unamused:
we carry out our own risk assesments whilst on site
it was entered into a accident book
the weather was fine but steps were covered in cow ■■■■■ as per usual .
I just cant help but think when im bombarded with these adds inbetween my daytime viewing
anyway thanks for replies and be carefull :blush: :blush: :blush:

jonnybravo:
the weather was fine but steps were covered in cow [zb] as per usual .

Given that you already knew this was the case and carried on I doubt you’d have much luck in a claim. H&S is a two way street.

we carry out our own risk assesments whilst on site

cos of the above, no chance i,m afraid…

Go for it, you have nothing to lose.

Firstly, the claim would be against the farmer not your employer as it was his site on which you were injured and his staircase which was potentially unsafe.

Second, even if you do end up claiming against your boss, thats what they pay Employers liability insurance for. I stuffed the truck a while ago, it was my fault, the boss advised me to put in a claim if I was injured because it was no skin of his nose.

Edited because I am a numpty.

And so insurance premiums head ever skyward…

And people on here are always moaning about excessive H&S measures. We brought it all upon ourselves

switchlogic:
And so insurance premiums head ever skyward…

And people on here are always moaning about excessive H&S measures. We brought it all upon ourselves

If you are an O/O or a CE of a Haulage business I prepare to be slapped down here but:

What do you car, its Employers Liability Insurance, you don’t pay for it?

Besides, you would need to put in a massive claim to affect the current prices people pay for insurance. My Public Liability Insurance for doing motorsport photography is a bloody joke.

I think that if you claimed your card would be marked and your future employment could become" difficult".

The ambulance chasers out there will no doubt be happy to take on your case at first, but weigh up the repurcussions as its unlikely you will get much from this as the opposing council will argue that your where well aware of the dangers and should have refused to attempt the stairs in the first place until they where made safe.

If you have lots of pictures of the location then that might help as you will need to show negligence and if you have complained about the stairs before this will help also (bet you haven’t).

Nothing ventured, nothing gained but be wary of solicitors who may switch from a no win/no fee proposal to one where they want paying for their efforts as this usually means they have lost all confidence in your case.

the main problem from claiming from your boss is if next week you smack up the wagon (and let’s face it the best driver can make a mistake) the boss could say “it’s not an accident,it’s negligence,on your way”.then you will be screwed.

nsmith1180:

switchlogic:
And so insurance premiums head ever skyward…

And people on here are always moaning about excessive H&S measures. We brought it all upon ourselves

If you are an O/O or a CE of a Haulage business I prepare to be slapped down here but:

What do you car, its Employers Liability Insurance, you don’t pay for it?

Besides, you would need to put in a massive claim to affect the current prices people pay for insurance. My Public Liability Insurance for doing motorsport photography is a bloody joke.

I wasn’t actually saying one single claim was gonna push up insurance premiums, that would clearly be silly. We all pay more since the advent of never ending and spurious claims brought on by these bloody lawyers chasing everyone that’s ever tripped over. We are all paying for this ‘get what you can culture’.

switchlogic:
And so insurance premiums head ever skyward…

And people on here are always moaning about excessive H&S measures. We brought it all upon ourselves

  • 1 , just put it down to been a clumsy ■■■■ :smiley:

I’m not having a go at you but if I was stupid enough to fall down a flight of stairs I most certainly would not try to sue anyone for it unless the stairs were defective & poorly maintained. But that’s just me, can’t stand all this blame culture, them injury lawyers are a bunch is shysters & parasites.

Just sayin’…

Just thinking about your claim. The call centre operators have set questions to ask you, if they think, because of your answers you have a claim, they will pass it on to a solicitor, however the solicitor may not agree with the cco’s opinion. questions likely to be asked by solicitor:

Had you been to that site before? If yes,
Were the steps in that state then? If yes
Did you report the steps to either the farmer or your employer and did you make a written statement of said steps?

It’s up to your solicitor to prove negligence.

I went to the wifes xmas do 2 years ago, now she does not drink ever, so she opted to drive. She was dancing on the dance floor and a gap developed between the flooring, my mrs caught her heel and went down on her arm, breaking her elbow and wrist. There was over 20 witnesses to this, and yet the hotel are still denying responsibility. Clearly they will lose the case, as every witness has stated that my wife was sober all night, including the orthopedic consultant who was also at the do and saw the incident.
It’s all down to your word against the company/person you are claiming against and if, in your briefs opinion, there is better then a 50% chance of you winning. That i know from what the mrs is still going through with her claim