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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 70873
Experience:  Qualified Employment Solicitor
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I snapped my achilles out of work and was in a cast and a

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Hi, I snapped my achilles out of work and was in a cast and a boot, physio for therapy.
I then sprained the same ankle afterwards and a colleague was apparently joking and kicked my ankle, which ended up in a secondary trauma. I didn’t pursue it at the time as I was going through depression and anxiety because of the loss of my mother. I was signed off and when returning to work I was made redundant.
My question is, can I now go back and ask the company for compensation for a colleague kicking me and causing a secondary trauma to my ankle, even though it was in the past?
Customer: replied 12 days ago.
England

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

When did this happen? Please note this is not always an instant service so I may not be able to reply immediately. Rest assured that I am dealing with your query and will get back to you the same day. Thanks

Hello, I was wondering if you have had a chance to consider my query above please? I will need your response before I provide an accurate answer to your situation. Thank you and I look forward to hearing from you.

Customer: replied 11 days ago.
This happened in 2018. I had been on and off work through depression and illness. During the latter part of 2018 this happened. I returned to work in Jan 2019 and was made redundant in March 2019

Thank you very much for clarifying. First of all, I am sorry to hear about the issues you have experienced in your situation. Even though this happened in 2018, you would sill be in time to take it further if necessary, because you have 3 years from the date the injury was suffered to make your claim.

The issue is whether you can sue the employer because they were not directly responsible for this and it was an employee who did this. To make the employer liable you need to show that they had what is known as ‘vicarious liability’ over the employee’s actions. This is not easy to do and you need to show that there was some intrinsic link between what they did that caused the injury and their employment. If they did it completely on their own accord, when not doing anything work-related and it was clearly nothing linked to their work, you may struggle to make the employer liable.

You can however still pursue the employee directly as they will have their own personal responsibility over this and will be legally liable for the injuries they caused.

For now, it would be best to see a personal injury solicitor who can assess your claim and prospects of success in more detail.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 11 days ago.
The employee in question does not work there anymore. I didn’t report it to HR at the time but only my manager and my immediate colleagues knew. Do I still have a case as it happened in the office during office hours and caused secondary trauma to my ankle, which led me to not be in the office?

Just because it happened in the office, during office hours, does not make the employer liable. You have to prove vicarious liability, that requires a sufficiently close connection between the act complained of and the person’s work, so that the employer is made liable. Only a court can decide that so unless you claim you would never know if this was a likelihood

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 10 days ago.
Ok thank you.

You are most welcome. If you have any further questions about this then please do not hesitate to get back to me and I will be glad to help. All the best