Getting out my cab on Monday on a site we deliver to and the ground was uneven and slippy. Went over on my ankle and dislocated it and fractured it will be off for 3 months.if I made a claim would it be against my company or the company’s site I was on??
Cheers in advance andy
Co whose site you were on. Did it go in the accident book at the time?
Yes been logged into accident book and I have gave a statment.
Get it in ASAP. You don’t have to record it straight away but at the 'earliest opportunity ’
They will then need to investigate as it’s a RIDDOR.
They should have realised that straight away to be honest. The longer you wait the more complicated it gets.
As its a RIDDOR if they require you in they must pay for attendance by the way as they will require a reenactment of how, they can’t just take a statement.
andy_c1982:
Getting out my cab on Monday on a site we deliver to and the ground was uneven and slippy. Went over on my ankle and dislocated it and fractured it will be off for 3 months.if I made a claim would it be against my company or the company’s site I was on??Cheers in advance andy
Sorry this comes under ones own negligence. Using 3 points of contact it would be expected that a safe exit / egress from a vehicle is possible even on rough ground.
So you jumped out and now want to claim then… 
Please tell me this was on a construction site where it would be reasonable to expect the ground to be ehhhh - well uneven and slippy.
Best of luck with any compo claim though… 
andy_c1982:
Getting out my cab on Monday on a site we deliver to and the ground was uneven and slippy. Went over on my ankle and dislocated it and fractured it will be off for 3 months.if I made a claim would it be against my company or the company’s site I was on??Cheers in advance andy
Its a site, what do you expect! Take more care next time.
Not a building site. And was already out my cab and on the tar mac then put foot down a hole went over on it. Didn’t see hole as place not well lit.
andy_c1982:
Not a building site. And was already out my cab was poorly lit and my foot went down a hole.
Ok, from the way you worded it I read as if you’ve slipped as you’ve got out the wagon, with it being uneven and slippy I presumed you meant building site.
Sorry could have worded it better.
ok i this not the very reason we are swamped with stupid rules because people are claiming for every thing ?
andy_c1982:
Sorry could have worded it better.
Dont be sorry 
I’m only wanting my loss of earnings as sick pay is ■■■■■■ And if they had fixed the hole or had it lit properly I wouldn’t have went over!!
andy_c1982:
Not a building site. And was already out my cab and on the tar mac then put foot down a hole went over on it. Didn’t see hole as place not well lit.
Ahhhh thats different, often more facts come to light on these types of threads.
Well to start with your employer can’t be blamed for this so this leads us on to the owner of the site.
Now what you will need to do is contact one of the ambulance chaser / no win-no fee type of solicitors who may consider your case worth pursuing.
To start with you will need as much evidence as possible, ideally pictures but I realise this may not be possible when lying in agony.
Consider things like where you wearing the correct footwear, was the area marked as dangerous, where you in the correct location, did you do everything you could to avoid this event.
Possibly a well worded letter to the site owner could produce an out of court settlement especially if the still had insufficient lighting / warnings etc at the location, maybe revisiting the scene for some photos is possible.
Any independent witness’s available ?
What you need to do is look at how you would defend this claim from the other parties perspective and could you counter every point they had with what a reasonable person would be expected to consider when walking on that ground on the balance of probabilities etc and stuff…
You musn’t have had your Hi viz on…if you had it wouldn’t have happened
My company have taken pics and I had all proper ppe on. Got out at the entrance at a bit that’s ok to do so.
We’re you using a torch or in the act of exiting the cab?
Years ago, people would have said “I should have been more careful, that’ll learn me…”
Now it’s "Where’s my compo? "
D’ya not?:
You musn’t have had your Hi viz on…if you had it wouldn’t have happened
Lol that’s where I have went wrong. Had hi-viz overalls on.
bazza123:
We’re you using a torch or in the act of exiting the cab?Years ago, people would have said “I should have been more careful, that’ll learn me…”
Now it’s "Where’s my compo? "
Not interested in a big claim just loss of earnings as sick pay is 500 quid a week less than I get and I will be off for 3 months
andy_c1982:
I’m only wanting my loss of earnings as sick pay is [zb]. And if they had fixed the hole or had it lit properly I wouldn’t have went over!!
Perhaps a simple letter to the owner of the site may work to acheive a quick settlement before involving the vultures.
i.e.
Dear ****************
On ****** I injured myself on your site whilst walking on a dedicated area for pedestrians due to an unmarked hole in the tarmac. There where no warnings and the lighting on site was poor so I feel you have been negligent in protecting visitors to your site from the dangers of uneven ground.
As I have suffered a fractured ankle and now have to take 3 months off work I have been advised to seek legal action.
However to avoid the complexities and extra cost this will cause us and to save wasting courts time I would be willing to accept the sum of £***.** to cover my time off work in full and final settlement.
Please note the details of this event have been logged in your accident book and I have witness’s who can coroborate the injury sustained.
I look forward to your reply and hope we can settle this matter quickly.
Please also consider this letter as a notice of intended legal action if we cannot acheive a mutually reasonable settlement.
Yours Sincerely
But its also worth considering long term affects of a fractured / broken ankle and depending on your age there could be future complications.
My work are pursuing that for me was just after some other advice incase they never settled and what else I could do would rather just get my wages covered and would be happy at that.