So, four weeks ago today I had a slip in the school I work in, smashed my femur and had to have emergency surgery with a dynamic hip screw. I’ve had no pay since then as I’m employed by an agency. I am apparently able to claim statuatory sick pay of about £90 a week but that’s a loss of about £300 a week until I can work again. My question is: my life has been changed by this accident. It wasn’t my fault. The floor was wet with no signage. I’ll lose about £5000 in wages and I’ve suffered an horrific trauma with 10 days in hospital, I’m permanently scarred and may have permanent numbness in parts of my body due to nerve damage. Do I sue because it will be the school where I work that takes the claim. I also have a contract for permanent work with them (was supposed to start a week after my accident) which has now been postponed but still stands for when I return. Suing the school albeit it’s the insurance company may make my job untenable. Any thoughts please. This is in the uk. Thanks.
Hi Vanessa, I think the school would have to have some type of public liability insurance so I would get yourself a good solicitor. As you say, not your fault, the floor was wet & your accident could have been worse. You can always take some free advice from CAB. Good luck & hope you make a quick recovery x
Oh wow what a situation.
OK, so how soon do you feel you could be back to work? Recovering??
Can you get another job just as easy and do you want to?
I would sue yes. If this was in for example asda would you sue?
They should have some form of liability insurance.
As I have found out, if you go for 'no win no fee' in the UK, the solicitors are able to take up to a maximum of 25% of the final payout, plus certain other charges, so you end up losing about 33% in the end.
Best wishes
Graham
Hi Penny, I’m recovering relatively well, not got follow up with hospital until mid June but I’m hobbling around on one crutch, two when I’m tired. As I’ll need to be driving and be able to run around like a headless chicken and carrying equipment etc, it won’t be for at least another month. Only taking painkillers in the morning and at night, was thinking if it were only for a few thousand it wouldn’t be worth it but after looking into it, it could be a lot more, which would replace lost earnings at the very least. I run the school office, I’ve done supply school work for a while so yes I could get another supply job but I have been offered a permanent position employed by the school so how would my relationship with the head be if I sued her school for not having wet floor signs up? I do really love working in the school, been there 6 months as a temp and was so happy to get full time permanent job. I’ll have to think about it but I probably will!
Hi, thanks for your thoughts, I know they have liability insurance as I renewed it recently haha, it’s with Liverpool city council so I know it’s not coming directly out of the school budget. I would never have thought to claim before, I had an accident in hospital a few years ago - I had been put on a commode but my blood pressure wasn’t checked and I blacked out, falling off the loo, hitting my head on the side of the metal cabinet and bashing it, pulling out the iv drip and leaving me with a scar on my head. I didn’t sue because it was the nhs and they have no money anyway but this feels different. The money could make a big difference- im the only earner so it’s going to be a struggle til I’m
Back at work. But I think I’d be daft if I don’t do it. X
Hi graham. Yes 25% is what I’ve been quoted - was told that was the maximum with no more fees. Could take a long time to go through, I’m veering towards doing it now, thanks for the reply. Vanessa
33% taken out is better than 100% of nothing
Such a tricky situation and it would have been amazing if they would offer you half pay or some paid holiday but as they haven't I would suggest putting a claim in. It should not effect the relationship with the head if she or he is professional. This is something that will determined if you decide to continue working there once your well enough. Alternatively can they offer you reduced hours so your not missing out financially? Something that needs to be weighed up depending on your ssp amount.
It’s all very tricky. Do you have a good relationship with the head? Would it be worth discussing it with her first? Explaining your financial situation before you actually sue? Maybe they would prefer to pay you while you are off, out of their budget , rather than have you sue them. I think staff are usually insured for accidents at school, but perhaps you wouldn’t be as you are not yet on a permanent contract.
Good luck.
Hi Judith, yes they have staff insurance cover but I was still temping at the time - contract was to start a week later. They won’t pay me, there is no extra in the budget. Plus not being employed by the school means they have no legal obligation to. It’s just bad timing, if it had been a week later I would have been entitled to full pay. I’m going to have to borrow money to cover the bills etc as I’m the only earner at home so for no other reason than that, i need to claim money back. Or go back to work early and start earning but I’m not physically ready to do this and I don’t expect to be ready for another month at least, which only takes me to 8 weeks.
I feel so sorry for you, as you say, it’s very unfortunate timing. I hope that it all works out for you, whatever you decide to do,
All the best,
Judith