Q: I work in a factory and I have been complaining to my boss that one of the machines has been leaking fluid onto the factory floor. Nothing has been done to repair it. At work this morning, I walked past the machine and slipped over in the fluid. When I fell I hurt my back and my left wrist. I am considering making a claim for compensation. I have never made a claim before so what should I be doing now?
A: There are five essential steps necessary when making a claim. Firstly, seek medical attention. Get your injuries assessed and treated by your GP or local A&E. The second step is report and record. So if you haven’t already done so, report the accident to your employer as otherwise he could dispute whether your accident even occurred. Ensure the accident details are recorded in your work accident book or, if your employer refuses to record it send an email or letter to create a paper trail.
Step three is to obtain and retain evidence. Take photographs of the fuel leakage. Keep out of pocket receipts and records relating to your accident, such as travel costs to A&E. These are evidence and you can claim for them. Step four is to check your earnings. You may also be out of pocket if your injuries have required you to be off work, so check the clause on sick pay in your employment contract. Statutory sick pay (SSP) should be payable through payroll. Citizens Advice Bureau can give you advice about other available benefits, e.g. Employment and Support Allowance.
The final step is to seek legal advice. Make an appointment to see an experienced, local Personal Injury Solicitor for advice on making your claim. From the information you have provided, your accident should have been avoided and your injuries should be properly compensated.
Article 30/09/2019
Robert Williams
Partner and Complaints Handler
Partner and Head of the Civil Litigation, Personal Injury and Dispute Resolution team in Wrexham
Claire Parfitt
Senior Solicitor
Part of our Civil Litigation, Personal Injury and Dispute Resolution team in Oswestry and Wrexham