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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44880
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I was neglected severely in my previous workplace, I have a

Customer Question

I was neglected severely in my previous workplace, I have a condition called Polycystic Ovaries (which my employers knew of) and whilst on shift one of my cysts was going to rupture/burst. I was in a lot of pain and told my manager I need some medical assistance (i.e an ambulance). He told me to up to the office and sort myself out? I wanted someone to come up with me and keep an eye on me? There was 3 first aiders on shift that night also, yet know one was sent to come and keep an eye on me, or even told what was going on with me.
They said the restaurant was too busy and so I got upstairs to the office, called my brother as I thought he would get here way before an ambulance. I then passed out and all I remember is being called by my manager and my brother taking me to hospital, and being put on ward straight away and on strong pain relief. I had a scan to confirm that one of my cysts had ruptured, for the next few days I was very ill as the toxins from the cyst was poisoning my system.
I was neglected badly and many people have agreed with me, I was just wondering if I could get any compensation at all from this? This happened in late December 2015, and I resigned as soon as my health was manageable. I did not work for them again after that day. No one called or contacted me to check if I was okay, even though they had heard from other employees I went to hospital, as I told them because they asked if I was okay. I called up 3 days later as I had noticed I was stupidly put on the rota for the following week, when I rung up my managers barely even acknowledged how ill I was and was not given much of an apology. I felt very neglected by my managers, whom had a duty of care for their employees. Do I have a claim at all?
Submitted: 6 months ago.
Category: Law
Expert:  Ben Jones replied 6 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 6 months ago.

How long had you worked there for?

Customer: replied 6 months ago.
Since march 2015
Expert:  Ben Jones replied 6 months ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you

Expert:  Ben Jones replied 6 months ago.

Thanks for your patience. This could amount to negligent behaviour on your employer's part because if they knew that there was something wrong with you which required urgent attention but they did not do what a reasonable employer would have done, they could be held to have acted negligently. In these circumstances you could pursue them for compensation for any personal injuries suffered as a result of this. The issue here is that you have to be able to identify that the injuries you suffered were as a result of the employer's negligence. If for example the cysts would have ruptured anyway and caused you the same damage and pain, whether the employer had acted any better than they did, then attributing the injuries to them will be rather difficult. So this is one option - a personal injury claim if you can show that their negligent actions had caused you or worsened your injuries.

The other potential claim would have been for constructive dismissal, where you are forced to resign as a result f a breach of contract by the employer, however you need 2 years' service to d this and also a claim must be submitted within 3 months of you leaving so you are unlikely to meet the criteria to do this. This leaves you wit the first option as the only likely one in the circumstances.

This is your basic legal position. I have more detailed advice for you in terms of the ways you can take this further if you wanted to make a claim, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

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