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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50148
Experience:  Qualified Solicitor
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The company I work gardening work estates

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The company I work for does gardening work for housing estates our manger took over one site and put on the paperwork that their was a boggy area on the site but did not do a risk assessment. I avoided this area but as I went around it I sank into another boggy area which was not reported on our paperwork. As a result of this accident I snapped a tendon for which I had an operation and was off work for three months without pay. Have I any claim against the company
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. How long have you worked there?
Customer: replied 2 years ago.

5 years

Did the employer know that there was another boggy area but failed to report it?
Customer: replied 2 years ago.

Not sure but after the accident the building company (Persimmons) put in thirty meters of drainage pipe.

To be able to claim against the company you must be able to show that they had acted in a negligent manner and that the injuries you differed were a reasonably foreseeable outcome. So a lot would depend on what their knew about this area or what they should have known. If they knew that there was a boggy area there but did nothing about it, whilst making efforts to make the one next to it secure, then that could indeed be a negligent action. However you must be able to show that this was indeed the case. If they did not know anything about it and they would not have been expected to do so at the time then it would be rather difficult to claim against them.
Similarly. If the lack of risk assessment was responsible you could use that against them. For example, had the risk assessment uncovered the boggy area in question, and that would have prevented your injury, they could be held liable.
So as you can see there are a lot of if’s and but’s and a lot would depend on what the company knew or ought to have known at the time. You may wish to consider seeing a personal injury lawyer local to you, especially as many would be able to offer a free initial consultation where they could inform you in more detail of your chances of success. After that, if you were to proceed with a claim, they could also offer to work on a no win no fee basis. You have 3 years from the date of injury to claim so you should have plenty of time for now.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 2 years ago.

as there was no risk assessment done of the boggy area at all which was stated on the work sheet I was given does this mean they were negligent in the first instance by not doing the risk assessment form or cordoning the area off. the place where I sank in was only a few feet from the boggy area

It could indeed suggest negligence. For example if they had to conduct a risk assessment but failed to do so but had they done it then the adjacent boggy area would have been discovered then it would make it potential negligence. However the issue is that there is no definitive saner, in the end it comes down to what a judge believes was reasonably expected of them and if they failed in that duty. One judge on one day could come to a completely different conclusion to another on a different day. Hope this clarifies things a bit more?
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