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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47902
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I had an accident at work a month before I was made redundant

Resolved Question:

I had an accident at work a month before I was made redundant last year. I went to the Doctor who tried various things before referring me to a trauma specialist. Who subsequently sent me for a MRI scan. It turned out I had torn at least one hole in my rotator cuff and needed an operation. I have not been able to work since. I contacted my old Company and they want a copy of the certificate that my Doctor sent to work stating that I should not lift heavy objects for two weeks and a copy of my MRI scan. Please can you advise me if I am due any compensation for this.
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. did you leave work to attend your doctor after the accident

Ben Jones :

Also who was at fault for the accident?

Customer:

No I made an appointment to see the Dr. a couple of days later as I could not drive a car properly or dress myself.. As they had made staff redundant we were short staffed and I was moving a large box from one pallet to another when I felt a sharp pain in my left shoulder.

Ben Jones :

ok thank you for that information leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.

Ben Jones :

Do you actually think the employer was at fault for the accident? You say you were short staffed but could you not have asked for help from someone?

Customer:

As far as can remember it was lunch time nobody else was there. I was loading the pallet for a lorry to pick it up while I was at lunch,

Customer:

The other thing was during my two weeks of light duties I sent down to Torquay to help set up and impart my knowledge at the new despatch department. I was told I would only be supervising and not lifting. When I got there I found I had to lift and stretch across pallets to pick boxes to be packed which aggravated my shoulder. As the staff at Torquay had received no training and the goods were needed to be despatched immediately.

Ben Jones :

You cannot expect any compensation unless you are able to show that the employer was negligent and at fault for this accident. This would for example occur if they had left a clearly unsafe working environment and clearly did something which fell below the reasonable standard expected in a workplace. This is however not easy, you have to show the employer was negligent, if you were picking up a box yourself and it was clearly too large for one person to do by themselves then it is unlikely the employer can be blamed for this. You should have refused to move it and sought assistance. In the circumstances it is unlikely that the employer can be deemed to have acted negligently to allow you to seek compensation against them for personal injury. You would be entitled to any sick pay your contract allows you to receive for the time you were off sick but not for additional personal injury compensation.

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether to close the question or not? Thanks

Customer:

Thanks for your help.

Ben Jones :

you are welcome, all the best

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