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The fire exit door at work came off in my hand, I fell backwards and broke my arm. Can I ask my employer to pay me more than just SSP?
Whilst closing the fire exit door at work the handle came off in my hand and I fell backwards, breaking my arm. I was hospitalised overnight and operated on. I later had to have my arm pinned. I have been signed off work for 12 weeks and am currently receiving SSP. I'm not sure that I am wanting to make a claim against my employer as I am afraid of being victimised and having my contract terminated. I am more concerned about only receiving SSP and was wondering whether I would be within my rights to ask my employer if it was possible for him to pay me a bigger percentage of my normal weekly wage during my absence. I am not aware of an Accident or an Incident form being completed for this incident as I was taken straight to A&E and I certainly haven't signed anything.
You would certainly be entitled to make a claim against your employer. He has a duty to provide a safe environment for you to work in. Any claim for personal injury you make would include a claim for the earnings you have lost as well as damages for pain and suffering and for any ongoing losses from which you may suffer. If your arm has had to be pinned you may have permanent damage as a result of this accident and it would be right for you to receive compensation for this.
If you really do not want to make such a claim the amount of your salary you receive when you are away from work will depend upon the terms of your contract of employment. If this provides only for SSP to be paid I am afraid this is all you will receive. I can ask one of our legal counsellors to call you to go through your case in detail. The service is confidential, there are no costs associated with the call and there is no obligation of any kind. Please reply to this email if you want to use this service.
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