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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 75097
Experience:  Qualified Solicitor
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My son had an accident at a work organised activity and

Customer Question

Hi
JA: Hi. How can I help?
Customer: my son had an accident at a work organised activity and broke his ankle, has the company got the responsibility to pay him while not able to work ?
JA: Where are you? It matters because laws vary by location.
Customer: London
JA: What steps have you taken so far?
Customer: only spoke to ACAS
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: my son is a fit young man and has very high IT qualifications, I wonder if the company has the responsibility to accommodate him and give him a desk job or work from home while he is in plaster
Submitted: 16 days ago.
Category: Law
Expert:  Ben Jones replied 16 days ago.

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.

Expert:  Ben Jones replied 16 days ago.

Can I just check how long your son has worked for his employer please?

Customer: replied 16 days ago.
5 years
Expert:  Ben Jones replied 16 days ago.

OK I understand and thank you for providing this information. Please leave it with me for now; I will get back to you with my answer as soon as I can, usually the same day. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Expert:  Ben Jones replied 16 days ago.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. Even if the injuries happened at work, or were the employer’s fault, that does not guarantee that he will receive full pay whilst he is off work as a result. He will be classified as off sick and subject to the usual sick pay entitlements he gets in his job. It could potentially be as low as Statutory Sick Pay only if the employer does not provide him with enhanced sick pay.

If the employer was at fault for the injuries then that is a separate issue, which can potentially be pursued as a personal injury claim.

A personal injury (PI) claim is aimed at claiming compensation for injuries sustained, in order to try and restore the injured person to the position they would have been in had the injury not happened. Obviously, that will often be impossible as the injuries cannot be undone, but at least the injured party can claim for financial compensation to help with the trauma and any medical costs.

For a PI claim to succeed, the injured party has to show the following factors apply:

- that the other party owed them a duty of care;

- that such duty of care was breached, either deliberate or negligently;

- that the breach caused them to suffer an injury;

- that such injuries were reasonably foreseeable in the circumstances. The injuries could be either physical or mental, or both.

There are two types of compensation that can be claimed for:

- General damages - based upon medical evidence and the amount depends on how the injuries affect the claimant now and how they will affect them in the future.

- Special damages - designed to put the claimant back in the financial position they were in as if the accident had never occurred.

In terms of taking this further, due to the technical nature of PI claims, it is always recommended to use a specialist lawyer to help with the claim. Many can offer free initial advice and then can also consider taking the claim on a no-win-no-fee basis if they believe there are decent prospects of success.

A search for qualified lawyers can be made here:

https://solicitors.lawsociety.org.uk/

Another option worth considering is the Association of Personal Injury Lawyers (APIL), a not-for-profit association of solicitors, barristers and academics who specialise in personal injuries work (https://www.apil.org.uk)

Expert:  Ben Jones replied 15 days ago.

Hello, following my main response above, I just wanted to check that everything was clear. If you have any further queries about this issue, you can reply to me at any time on this portal and I will be happy to help. Thank you.

Expert:  Ben Jones replied 14 days ago.

Hello, I trust that everything has now been resolved to your satisfaction and your original question has been dealt with. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.