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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47887
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Can i claim personal injury against my employer I have MS which

Resolved Question:

Can i claim personal injury against my employer I have MS which has worsened and relapsed since december. I informed my employer when started working and at several points including i writing between august and december. I have had a greivance which they agreed to and i found that my employer has never risk assesed me in my roll dispite me advising them of dangers to me in work place it also took them 5 months to implement any top of reasonable adjustments. I am now suffering new damage as a result of adaptions and adjustments not being made. My gp has signed me of twice, one of these occasions is documented as to reduce stress caused by employer despite them being advised 3 months before that stress was a major risk factor.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones : , my name is ***** ***** it is my pleasure to assist you with your question today. Has the grievance process concluded?
Customer:

Yes and it recommended 8 things be put in place that was not like ban on working in chillers (which I advised on October about health risks) advised that a chair company should be involved and accessed proper breaks and risk assesment (from what I understand this should have been done when started in august) all of these things would have prevented my Condition worsening and relapsing

Customer:

Also Grevience worded to them claimed 2 counts of equality act breach 1 count of h&s breach and one count of employment rights act breach. The first response line says they agree all concerns.

Ben Jones :

, sorry I was offline by the time you had replied last night.

To be able to purse a claim injury against the employer you must be able to show that they had acted negligently, below the standard a reasonable employer in their position would have been expected to show. In addition there must be a link between that negligence and the injuries you have suffered.

There is indeed potential personal injury claim here if the employer knew of the issues you were going through, that they would have been reasonably expected to make changes to deal with or minimise the effects on you and that they had failed to do so and that caused the injuries in question However, there could also be an argument negligence, which occurs if your actions had aggravated the situation, let’s say you knew that continuing to work in these conditions could have made matters worse and you did so, even if it was the employer’s fault that they had not made the necessary changes. It is a similar concept in car accidents – if someone does not wear a seatbelt they can have their compensation reduced even though the accident was not their fault at all. So in these circumstances your compensation could be reduced if you are found to have contributed to the injuries by continuing to expose yourself to the conditions that caused the injuries.

Another option is a claim discrimination. If a person is classified as being disabled, which you would be, they will have automatic protection against discrimination, which means that they must not be treated unfavourably because of their disability. In addition, their employer would have a duty to make reasonable adjustments if they are likely to be placed at a substantial disadvantage when compared to non-disabled employees.

What amounts to ‘reasonable adjustments’ can have a wide interpretation and often depends on the individual circumstances. Below are some examples:



  • making adjustments to work premises;

  • allocating some of the employee’s duties to others;

  • transferring the employee to fill an existing suitable vacancy;

  • altering the employee’s hours of work;

  • allowing the employee to be absent during working hours , assessment or treatment connected to their disability;

  • acquiring or modifying specialist equipment;

  • providing supervision or other support.


If someone who is disabled is being treated unfavourably because of their disability or their employer has failed to make reasonable adjustments it would potentially amount to disability discrimination. You could consider whether a claim discrimination should be made in an employment tribunal (the time limit is only 3 months from the date of the alleged discriminatory act taking place).

Hope this clarifies your position? If you could please let me know that would be great, thank you


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