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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Due to an accident at work in a boarding school kitchen, I

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Due to an accident at work in a boarding school kitchen, I was signed off for 5 weeks. I am due back at the hospital tomorrow. I badly dislocated my finger having tripped over a protruding grate covering a drain. ( My left wedding ring finger was literally bent from the joint at a 90 degree angle across my little finger.) I still can hardly bend my finger and it is still very swollen and painful.
I have not been able to claim sick pay as I was working through an agency and they just look on my appointment at the school as a temporary measure, even though I have been working there since November. Can I claim for loss of earnings against the school and if so how do I go about it ?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year 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 1 year ago.

Did the school you worked for report this incident at the time?

Customer: replied 1 year ago.
I think so. I filled in an accident form at the school on my return from hospital. BTW, I was employed by the agency but worked for a company who had the contract at the school for the catering
Expert:  Ben Jones replied 1 year ago.

OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Expert:  Ben Jones replied 1 year ago.

Thank you. In the circumstances you may consider a personal injury claim against the employer which could compensate you for the injury itself and also for any associated costs or losses. The level of compensation you may get will depend on the seriousness of the injury but you must be able to show that it was due to a negligent act by the employer. So if the accident had occurred because the employer was negligent in some respect, lets say it was clear that the protruding grate was a risk to those in the aa around it, they knew about it or should have known about it and they dis nothing to correct it, then they could be found negligent and you could consider claiming.

As a personal injury claim, whilst you can contact them directly to try and negotiate for compensation, they cannot be forced to agree on anything. In that case you will have to consider going through court. There are plenty of personal injury solicitors around who may help you, some even on a no win no fee basis. However, you do not need a solicitor and can make the claim yourself if you wanted to. You have 3 years from the date of injury to make the claim.

This is your basic legal position. I have more detailed advice for you in terms of how to initiate the claim yourself if you wanted to do that, 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

Ben Jones and other Law Specialists are ready to help you
Expert:  Ben Jones replied 1 year ago.

Thank you. If you wanted to make the claim yourself you would need to follow the Pre-Action Protocol as much as possible:

http://www.justice.gov.uk/courts/procedure-rules/civil/protocol/prot_pic

The claim will be issued in the county court so you can contact your local county court to start it. Alternatively you can do this online via www.moneyclaim.gov.uk

Another option is to approach a personal injury solicitor to do that for you – if you have a decent claim you could get someone to work for you on a no win no fee basis but you may need to shop around to find the best lawyer to help you.