Just figured I'd give a shot at possible solutions from you guys, from past discussions a lot of people have been pretty helpful on this forum. Thanks to anyone who can give any help with this.

 

 

 

I work at a cafe part-time (it's a cafe within a supermarket), kind of a stepdown from my previous job as a store supervisor elsewhere. But being young and it bein really convinient for gettin to family and university it definately seemed worth it and the staff are pretty enthusiastic and friendly so no quarms about it. I tend to cook food, serve customers, waiter, clean, anything you'd imagine is done in a cafe, which im pretty experienced with considering i've worked in kitchens before and im used to dealing with the public. It's pretty busy too so breaks are short and delt with swiftly so you're constantly on your feet usually and some days i've gone without any breaks. So far i've worked here for about 7 months and work usually 3-4 days each about 6 hours.

 

 

 

Well to the point of this topic, about a month ago I was serving customers for the day (basically just taking orders on a till that prints out in the kitchen to let staff know the order and table number) and needed to go fetch somethin from the back that needed stocking up on the front display. On my way thru the kitchen i slipped up on a patch of water and smacked my knee into the tiled floor, I heard a crunch.

 

 

 

I stumbled back up and got straight onto cleaning up the puddle up so no one else would slip, letting who was in charge know i'd slipped too, as if wasn't obvious since a lot of people saw and laughed (would of looked hilarious, and tbh I just tried to laugh it off too), just tried to get back to work since there was only an hour left anyway.

 

 

 

Within minutes I really started to get worried about my knee as I could barely put any pressure on it which was unusual since I figured I had just knocked it and that it was probably just bruised, eventually tunnel vision hit me and I had to get some fresh air. Spent about half an hour sat outside in agony and ended up comin to the conclusion im gonna have to go to the hospital.

 

 

 

Took the next day off work and had to get my brother to help me to the hospital, helping me in the car and onto the emergency department. The only answer I got was there's no muscular damage, no x-ray offered just an assumtion that some pain killers and time off work would be enough, wrote me off work for a week and sent me on my way advising to possibly see a specialised GP if I still had any worries.

 

 

 

A week went by and my knee had got worse, wasn't as painful but I was now more than ever suffering from uncontrollable spasms down my right leg like an electric jolt, like an uncomfortable hiccup that wouldnt quit. Keeping me up most nights, making walking impossible without crutches. I was more worried because as a child i'd had an operation on the same knee after accidently kneeling on a sowing needle. (I know, ouch). But since then I've not had any problems or pain, still ran, played football, swam etc. Honestly no problems or discomfort.

 

 

 

After seeing a GP this time, she told me it looks pretty serious but said there's little that can be done, gave me a further 3 weeks off work and subscribed medicine to help.

 

 

 

This is a lot of time off work, and I really need the money, so my brother convinced me to get in touch with an accident helpline. Which just resulted in an empty claim since I found out the management hadn't bothered to make any record of what had happened, even though I did let them know.

 

 

 

Now I've just recieved my pay check for the month and they've paid me a laughable 90 pounds for the month on 'average' sick pay, usally I get about 600+ for the hours I work. So trying to get in touch with someone to talk to about this has found to be a mountain of a task, still got no where and the attitude is 'tough luck'.

 

 

 

Im still barely able to walk but am forced to return back to work on another department to help me, but minutes into my first shift back with low moral, generally feeling crap and insecure trying my best to be optimistic I got called into the managers office. I was greeted by the store manager (head poncho) and apparently a customer had written a formal complaint about me from something that happened over a month ago and he wanted to take it up personally. It was about how I apparently had dismissed an elderly woman for her needs for an available seat (when most likely the cafe was full), leaving her feeling victimised and in tears. Which tbh didn't happen, because I know I wasn't operating that till atall on that week and when I do I know I am kind and do my best to do what I can to help, when I can't I ask for assistance and apologise. I have no doubts in how I am with customers. Well my name had been plucked up for whatever reason, and this womans sorrow was pinned down as my fault. Personally I feel they're picking on an easy target.

 

 

 

Well I acknowledged that he had to take up a complaint and was sorry if there was atall a possibility that I had ever been short with a customer but denied that incident ever happening, to cut a long story short he came across as very assertive and intimidating, not believing me for a second and towards the end became very aggresive with me. To the extent I felt threatened enough to just go straight home after that. After putting a complaint through the next day I found out they had pinned it on the wrong person, with no apology asked me to return back to work over phone.

 

 

 

Well my question is, what the hell do I do? surely they are breaking the law in some way here. You would expect some support to someone with a disability caused by a work related injury, yet all I got was a 'tough luck', next to no pay for it and a 'not so' welcome back to work from the head manager (which is a big thing considering it's a big company and he has the power to just fire me on the spot). All in all I just want to tell them to screw their job and go elsewhere for being treated so badly but I can't help but think there's something I can do. I mean, if i've got no claim because they haven't filled out any record of it happenin, surely they are in the wrong with that. Or again is it just tough luck?

 

 

 

Im just clueless on where to start with this, ive got limited family support and everyone I know just says I deserve compensation, but after trying I know I can't prove this incident ever happened.

The leg might need some help, but I don't think you can really do much about the situation, since the accident wasn't recorded. You might be better off telling them to screw off, and get another job if you can't get an apology or some compensation.

that was painful just to read.

 

 

 

your employers treated you unfairly by underpaying you during your time off work and also by pinning a petty complaint on you. i would try to seek some form of compensation, but not take it too far.

 

 

 

is your knee okay now?

Well im well enough to sit on a till to serve customers atm, but I recon it's something that'll effect me for a long time, Im still on crutches but maybe it'll improve some day im not sure. I've walked in bits but can't really stand or walk for too long without havin to sit down again :?

I haven't seen you in a while. :P

 

 

 

Firstly, that sucks about your accident.

 

Is there any cctv footage that could prove you had the accident?

 

 

 

If not, you said other people saw it, they are witnesses, would that help the case?

Apparently there's no cctv in that department -.- yeh i asked, even challenged the question, what would of happened if a customer had fallen? With no response.

 

 

 

I've named members of staff who I know saw it happen to the personel manager who deals with these things (he's been on holiday the last 4 weeks and said if he was in at the time of the incident he would of been notified), but still doesn't help as concrete evidence for a claim as far as I know anyway :(

Well I hate resorting to this, but if they're just ripping you off, I'd threaten to sue. You could get a nice claim or they could give in to the pressure and just give you a decent work compensation check anyway.

I'm not sure which organisation you should talk to exactly but there are organisations which fight for the rights of people such as yourself who are clearly being victimised at work. Sadly, yours is not a exceptional case - there are some employers who cannot deal with their workers taking sick leave, and some which cannot deal with the DDA (I mean, that's another thing. If you couldn't provide the elderly woman with assistance I hazard a guess it was due to a lack of facilities than your own demeanor).

 

 

 

...I can't remember which organisations but I'll ask my Dad later (he's an advisor). Certainly don't follow ultimania92's advice - if you leave they really don't have any obligation to pay you anything. I really don't think you have a case to sue either, you've been working there for less than 12 months and unless you can prove the accident happened due to their own negligence, you really don't have a case. I'm tempted to say the Citizens Advice Bureau but they're more for people suffering with debts or people who cannot find work or have been made redundant and are struggling to keep up with bills or they're below the poverty line. Nevertheless, they should point you in the right direction even if they can't help. They have drop-in sessions so pop down to one.

Thanks guys, very useful. Im sure there would be some advice department of some sort and im sure Im apart of a work union that could help me in the right direction.

 

 

 

Bit of an update, back to work today 9am-6pm on another department. Been allowed to work somewhere that lets me sit at a till for now, most hastle i've had were some hints that im being 'lazy', but not really a problem. Definately better suited :

 

 

 

lol on a late lunch break.

 

 

 

Gonna try seek professional advice but stick here until I know what action to take.

 

 

 

thx again.

No mention in the accident book means you dont have a leg to stand on (if you excuse the pun)

I think your employer just doesn't like you :o Did you do anything to him or something?

 

 

 

Anyway, no cameras? Is there like, ANY security there? Because it seems to me that the owner doesn't want to be able to prove these incidents happen.

 

 

 

Basically: no cameras = no proof of incident = no money being lost etc.

 

 

 

You really should sue though, I know I would try atleast.

Thing is, on a online forum many people are from different countries so half the legal advice you get most likely wont count for English law.

 

 

 

Anyway, I'm not sure if this will work under English law but have a go anyway, see if anyone who saw you fall that day remembers / can confirm you slipped on a puddle. Then get a doctors letter confirming the injury was from a fall and that fall resulted in you missing the month of work. Then if you have the money present these witness statements / letters to your local lawyer and ask him / her is there any case, if it worth your while etc. Alternatively I think there is a couple of specialty Lawyer groups who specialize in that area like Injurylawyers4u.

 

 

 

Good luck anyway with getting some compensation from your employer.

You need to get your accident written in the accident book this must be a BI510 (social security) and because you were off for more than 3 days (starting the day after the injury) your employer must report it to the enforcing authority to comply with RIDDOR (Reporting of injuries diseases and dangerous occurences) I would tell them this.

 

 

 

You need to see if your employer has any risk assessments and if you are under the age of 18 they need to have a specific young persons risk assessment.

 

 

 

What is the companies arrangement for spilliages is it in thier health and safety policy (which they must have if they employ five or more people.)

 

 

 

As far as claiming goes you have 3 years to claim from the day of the injury in this case. If you really struggle I recommend finding the number of your local enronmental health officer (will be normally within your local council) and talk to them as they have remit over the catering trade in England.

 

 

 

I can offer more advice if required, feel free to pm. That is assuming as I have done you work in England.

In the meantime, you should get a really tricked out cane. You never know, maybe you'll feel better.

I recently had a run-in with my manager as well. He always seems to blame things on the newer employees, even when it's his fault. When I confronted him about it, he basically chewed me out and said I would be fired if I brought up the issue again. On top of that, he was angry that I went on vacation, even though it was clearly on the schedule.

 

 

 

I completely sympathize with your situation. It's one of those cases where the manager is always right and the employee is wrong, no matter what. Since he didn't report the accident, all he has to do is say that there isn't any proof that you fell at work. You're between a rock and a hard place with this one.

 

 

 

The best advice I can give is to see if any other employee saw you fall, and would be willing to step up and say something about it. Maybe even see if a regular customer saw it as well. If this doesn't work, I don't really see any other way outside of legal action. It sounds as if it's the manager's word against yours, and that's never a good thing.

 

 

 

But honestly whatever happens, I wish you good luck.

Just figured I'd give a shot at possible solutions from you guys, from past discussions a lot of people have been pretty helpful on this forum. Thanks to anyone who can give any help with this.

 

 

 

I work at a cafe part-time (it's a cafe within a supermarket), kind of a stepdown from my previous job as a store supervisor elsewhere. But being young and it bein really convinient for gettin to family and university it definately seemed worth it and the staff are pretty enthusiastic and friendly so no quarms about it. I tend to cook food, serve customers, waiter, clean, anything you'd imagine is done in a cafe, which im pretty experienced with considering i've worked in kitchens before and im used to dealing with the public. It's pretty busy too so breaks are short and delt with swiftly so you're constantly on your feet usually and some days i've gone without any breaks. So far i've worked here for about 7 months and work usually 3-4 days each about 6 hours.

 

 

 

Well to the point of this topic, about a month ago I was serving customers for the day (basically just taking orders on a till that prints out in the kitchen to let staff know the order and table number) and needed to go fetch somethin from the back that needed stocking up on the front display. On my way thru the kitchen i slipped up on a patch of water and smacked my knee into the tiled floor, I heard a crunch.

 

 

 

I stumbled back up and got straight onto cleaning up the puddle up so no one else would slip, letting who was in charge know i'd slipped too, as if wasn't obvious since a lot of people saw and laughed (would of looked hilarious, and tbh I just tried to laugh it off too), just tried to get back to work since there was only an hour left anyway.

 

 

 

Within minutes I really started to get worried about my knee as I could barely put any pressure on it which was unusual since I figured I had just knocked it and that it was probably just bruised, eventually tunnel vision hit me and I had to get some fresh air. Spent about half an hour sat outside in agony and ended up comin to the conclusion im gonna have to go to the hospital.

 

 

 

Took the next day off work and had to get my brother to help me to the hospital, helping me in the car and onto the emergency department. The only answer I got was there's no muscular damage, no x-ray offered just an assumtion that some pain killers and time off work would be enough, wrote me off work for a week and sent me on my way advising to possibly see a specialised GP if I still had any worries.

 

 

 

A week went by and my knee had got worse, wasn't as painful but I was now more than ever suffering from uncontrollable spasms down my right leg like an electric jolt, like an uncomfortable hiccup that wouldnt quit. Keeping me up most nights, making walking impossible without crutches. I was more worried because as a child i'd had an operation on the same knee after accidently kneeling on a sowing needle. (I know, ouch). But since then I've not had any problems or pain, still ran, played football, swam etc. Honestly no problems or discomfort.

 

 

 

After seeing a GP this time, she told me it looks pretty serious but said there's little that can be done, gave me a further 3 weeks off work and subscribed medicine to help.

 

 

 

This is a lot of time off work, and I really need the money, so my brother convinced me to get in touch with an accident helpline. Which just resulted in an empty claim since I found out the management hadn't bothered to make any record of what had happened, even though I did let them know.

 

 

 

Now I've just recieved my pay check for the month and they've paid me a laughable 90 pounds for the month on 'average' sick pay, usally I get about 600+ for the hours I work. So trying to get in touch with someone to talk to about this has found to be a mountain of a task, still got no where and the attitude is 'tough luck'.

 

 

 

Im still barely able to walk but am forced to return back to work on another department to help me, but minutes into my first shift back with low moral, generally feeling crap and insecure trying my best to be optimistic I got called into the managers office. I was greeted by the store manager (head poncho) and apparently a customer had written a formal complaint about me from something that happened over a month ago and he wanted to take it up personally. It was about how I apparently had dismissed an elderly woman for her needs for an available seat (when most likely the cafe was full), leaving her feeling victimised and in tears. Which tbh didn't happen, because I know I wasn't operating that till atall on that week and when I do I know I am kind and do my best to do what I can to help, when I can't I ask for assistance and apologise. I have no doubts in how I am with customers. Well my name had been plucked up for whatever reason, and this womans sorrow was pinned down as my fault. Personally I feel they're picking on an easy target.

 

 

 

Well I acknowledged that he had to take up a complaint and was sorry if there was atall a possibility that I had ever been short with a customer but denied that incident ever happening, to cut a long story short he came across as very assertive and intimidating, not believing me for a second and towards the end became very aggresive with me. To the extent I felt threatened enough to just go straight home after that. After putting a complaint through the next day I found out they had pinned it on the wrong person, with no apology asked me to return back to work over phone.

 

 

 

Well my question is, what the hell do I do? surely they are breaking the law in some way here. You would expect some support to someone with a disability caused by a work related injury, yet all I got was a 'tough luck', next to no pay for it and a 'not so' welcome back to work from the head manager (which is a big thing considering it's a big company and he has the power to just fire me on the spot). All in all I just want to tell them to screw their job and go elsewhere for being treated so badly but I can't help but think there's something I can do. I mean, if i've got no claim because they haven't filled out any record of it happenin, surely they are in the wrong with that. Or again is it just tough luck?

 

 

 

Im just clueless on where to start with this, ive got limited family support and everyone I know just says I deserve compensation, but after trying I know I can't prove this incident ever happened.

 

 

 

You also need to look up to see how much compensation you should get based off of the injury. That may be all you are entitled to (It's rare you'll get a full check). And suing wouldn't be worth it. You will end up paying more in lawyer fees than you'll recieve at the end, and you'll most likely have a pretty crappy job at the place thereafter.

I would first try to talk to the people who saw you fall, see if they could vouch for you, then call a work injury or personal injury lawyer. I'll try to ask my dad about this, he's a lawyer and I think he does personal injuries, and I'll see what his advice is.

 

 

 

Good the see you on the forums again, even if it's under bad circumstances.

I would... place a pit trap in your bosses room. Make it really deep and fill it with water and leeches, muhahahahahaha!!!!

Or another solution would be to call higher in the company and complain, they will make sure your boss does what he's supposed to. At least that's what their supposed to do.

many here have gave you sound advice, one thing i can say to you.

 

 

 

if you are left disabled in anyway the social can give you a benefit called industrial injuries benefit once you have got this all sorted out.

 

its as what the title says- injuries the are caused at work. you will haveto go throught interviews and medical assessments, and if classed as disabled you will get it. its not a guge amount, but all money helps.

 

 

 

i was injured at work 5 years ago, and i get it. i am only on the base rate, but as i shall always have that disability i can still claim. its not alot of money(i get £150 ish per 4 weeks).

 

but as it was a accident at work, once you have got it recored in the accident book, its something to concider

 

 

 

links:

 

http://www.jobcentreplus.gov.uk/jcp/cus ... 4.xml.html

 

http://www.direct.gov.uk/en/DisabledPeo ... G_10020628

 

http://www.dwp.gov.uk/advisers/db1/

 

http://www.dsdni.gov.uk/index/ssa/benef ... enefit.htm

 

 

 

liz

Try take a doctors certificate to them, find sme proof of when you were injured like if your eftpos machines say who was serving get a recipt from that time, but things like that.

 

 

 

But ouch man. Ouch.

The water on the floor is a breech of the workplace health and safety act, they can actually get in serious trouble for it. Whoever spilled the water and didn't clean it up is at fault, and legally so is the manager. You could try telling them about the WPHaS, and that you don't want to make a big fuss about it, just a little better compensation for their screw up.