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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49865
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I had an accident at work 2011 whilst carrying out my duty

Customer Question

I had an accident at work 2011 whilst carrying out my duty of care. I work on the community leaving clients home stepped down onto clients pathway,my foot slipped and twisted my ankle heard crack needed emergency services. My managements reported I must press charges against the client even though I work for the National Health Service. I sustained a complicated fracture to my ankle swelling, painful,spasms, having three operations to put it right but still ongoing unable to walk properly unaided to this present day. unable to resume back to work. Management informed me it was unfortunately accident cannot pay compensation for my suffering and injury's can you help.

Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Whose fault was the accident was there something wrong with the surface where you slipped?
Customer: replied 2 years ago.

It was wet and windy the surface was wear tear gravel. It was not my fault when i slipped

Expert:  Ben Jones replied 2 years ago.
Hello, thanks for your patience. I am afraid that the employer is correct that this is not really their fault - just because you suffered the accident carrying out your duties it does not make your employer liable. For that to happen you must have been able to show that the employer was in some way negligent but this is clearly not the case here - it is not their fault that the surface was wet/windy and that it was gravel. So you would not be able to hold the employer liable for this in the circumstances.
In terms of making a claim against the client, you are unfortunately out of time to do so. Any personal injury claim must be made within 3 years of the accident taking place. If this occurred in 2011, then you are now out of time to make a claim - the law simply would not allow you to take this case forward and you are barred from claiming as you have not done so within the required time limit.
So I am afraid you do not really have any options of taking this any further for compensation - the employer is not liable and you have missed the deadline to claim against the client.
I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
Expert:  Ben Jones replied 2 years ago.
Hello, I see you have read my response 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? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.