Can I claim compensation?
I injured my shoulder at my former workplace around 2 years ago moving some heavy gas bottles.
At the time I felt a slight pulling in my upper arm / shoulder but it didn’t seem too bad so I didn’t report it as I thought I may have just twinged something. I then had a week off on holiday, relaxing and it seemed to get better however, when I returned to work I still experienced a pulling sensation in the same area and went to the doc’s and had some physio.
Now it’s 2 years on and after repeated doctors and hospital visits, X rays, injections and pain killers ( I am awaiting a third hospital appointment) it has got progressivly worse and is causing me a lot of discomfort. What I want to know is, are my former employers liable and do I have a case to claim even though I didn’t report it (I wasn’t told about any accident book or procedures).
Q. by Bob G
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Listed on Ampulsion.co.uk
December 2nd, 2009 at 11:08
In the UK, you can claim on any incident up to 3 years ago, but you’ve seriously damaged your case by not reporting the incident when it happened.
Discuss it with a ‘no win, no fee‘ company.
December 3rd, 2009 at 11:08
you do have only 3 years from the date of the accident in which to make a claim. the difficulty is that you didn’t make your employer aware that you had been injured. you also need to bear in mind how you came to be injured before pursuing a claim - had you been given training to do heavy lifting. you need evidence that the injury occurred at work, did you advise your doctor/physiotherapist that the injury happened at work. the best thing to do is ring a local solicitor who does personal injury work and see if they will take on the case. you may struggle because of the time that has lapsed since the date of the accident.