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Work Chair Injury Compensation

Is it possible to claim work chair injury compensation for an injury caused by a faulty office chair? My chair is slightly lop-sided and uncomfortable, and I have complained about it on numerous occasions but my manager has refused to replace it. I am now suffering terrible back and neck pain.

Question:

Is it possible to claim work chair injury compensation for an injury caused by a faulty office chair? My chair is slightly lop-sided and uncomfortable, and I have complained about it on numerous occasions but my manager has refused to replace it. I am now suffering terrible back and neck pain.

Answer:

Many work chair injury compensation claims are made in the UK each year for injuries caused by bad ergonomics. Even a slight fault in an office chair can cause poor posture, and over time this can lead to highly painful muscle injuries developing. Employers need to be particularly attentive to ergonomic issues with workstations, as poor posture can cause a wide range of injuries to be suffered. The Health and Safety Executive produces numerous documents on the risks to employees from poor posture, and your employer should have made these available to you. However providing appropriate documentation to make staff aware of risks of injury is not sufficient, and an employer must act on any complaints. Failure to do so is classed as a breach in his duty of care to you, and a work chair injury claim should be possible against your employer’s liability insurance policy.

The fact that you complained about your faulty chair on numerous occasions and no action was taken makes this a clear case of negligence on the part of your employer. However, it is still important that you seek legal advice about making a work chair injury compensation claim. Even though at face value you appear to have a strong case, the success of any claim may depend on whether the correct procedures have been followed.

Whenever a verbal complaint is not dealt with in a suitable time frame, it should be backed up in writing, even via email. Any record of the complaint can then be used as proof that you have highlighted the problem to your employer, and they have been negligent by not dealing with the complaint, and will be liable for any compensation for work chair injury which results.

In order to make a claim for work chair injury compensation you must have sought medical attention for your back and neck pain, as your condition must have been properly assessed by a doctor. Not only will this ensure that the correct treatment can be provided, but it will also ensure that your injury is recorded in your medical records. Medical records will be used by your solicitor as proof of injury in a legal claim for work chair injury compensation. You must also make a report in your employers Accident Book detailing the injuries that you sustained, and the reasons why you believe this was due to your office chair. These are all important pre-requisites that need to be completed before any work chair injury compensation claims are made.

Having a work-related injury solicitor pursue your claim will help to ensure that it has the maximum chance of being successful, and that your full entitlement to work chair injury compensation is claimed. This is especially important with muscular injuries, as they can be difficult to quantify. A personal injury solicitor will arrange for you to be examined by a medical expert to help ensure that the full extent of your injuries are assessed, so that the appropriate work chair injury compensation amounts can be calculated.