I was on my lunch break when I was injured by stool collapse in pub. The pub manager made me continue working anyway and says that I am not entitled to claim because I have only just begun working there. Is this true?
What your employer told you about being unable to make a claim for when you were injured by stool collapse in pub because you are a new employee is untrue. If an employee has been injured as a result of employer negligence then making a claim for compensation should be a viable option. A pub manager owes both their employees and those who attend the pub a duty of care when it comes to maintaining both a safe work environment and also a safe environment for customers alike. A customer could very well have suffered a bar stool injury in the same manner as you. The fact that you were obligated to continue working despite the injury you suffered also suggests a demonstration of negligence on your employer’s part.
If you had knowledge of the stool being faulty and had failed to address it or inform your employer of the fault then you could be considered to be partially liable for your injuries. If not, contributory negligence shouldn’t be an issue unless you failed to get your injuries treated at the first possible moment. If you did not seek prompt professional medical attention your final settlement could be reduced somewhat to reflect your own lack of care. In spite of your employer’s insistence that you not entitled to make a claim, you should make a report in your workplace’s “Accident Injury Book”.
Write as detailed an account of the incident as possible, you should include witness statements from anyone else who was around when your accident occurred and the names of any staff members who provided you with help subsequently. Make sure you keep a copy of this report. If the pub has a CCTV camera try to gain access to any footage that may have a record of you falling off the stool and sustaining your bar stool injury. All of this can be used as evidence to strengthen your pub injury claim and should be presented to your solicitor.
It is recommended that you contact a personal injury claims solicitor with experience in dealing with pub related injury claims as soon as it is convenient. After hearing about the specific details of your accident and the injury you suffered, they will be able to inform you of whether or not your pub injury claim is worth pursuing. If they consider it to be adequately strong, they may offer to represent you on a “No Win, No Fee” agreement.
This means that if your claim is not a success, you won’t be liable for your solicitor’s legal fees, although you may still be liable for the legal fees of the defendant. Your solicitor will probably advise you to take out an insurance policy before initiating your claim that will protect you financially if there is such an outcome. They will discuss this and all other possible outcomes when you meet for a consultation about when you were injured by stool collapse in pub.