Viewing 38 posts - 1 through 38 (of 38 total)
  • Asking for compensation after an accident – would you?
  • stevemcneill
    Free Member

    Not sure how I feel about this, not a fan of ambulance-chasing compensation culture, but I had an accident and have been offered a “gesture of goodwill”. Without going into too much detail, had a fall, the door had been blocked by staff, and I tripped getting past it. Left me with soft tissue damage, no broken bones but got checked at A&E

    I’ve been offered a small non-cash gesture of goodwill as an apology. Should I leave it at that or escalate it?

    Part of me is “well, it was an accident, not my fault but I’m sure it wasn’t deliberate”. Other part of me is annoyed I had to take a sick day, and it’s meant some leave I had booked I’ve ended up sitting with my feet up rather than doing anything else.

    What would STW do?

    Haze
    Full Member

    And no dogs were involved?

    hightensionline
    Full Member

    For a start (assuming you’re an employee), I’d be making sure the leave was classed as being off work due to your injury, so you can keep your full leave entitlement.
    Hope you’re healing up OK.

    nickjb
    Free Member

    Pretty reasonable to want out of pocket expenses covered. eg if you didn’t get paid for taking a sick day. Generally though I go with stuff happens and if no real harm is done then move on. Life is simpler that way.

    rickmeister
    Full Member

    Sounds like its offered and not like you asked for it tbh when I read the OP.

    Make sure it’s written in a near miss or accident register onsite then accept it, yes.

    breadcrumb
    Full Member

    Colleagues often put claims in, to the tune of £xxxx’s. Nothing is held against them.

    Not sure what I’d do though. Guess it depends on the injury/circumstances.

    tpbiker
    Free Member

    Depends..

    some lad on a bike ran into me  few years ago, wrist had about 12 different breaks in it. Spent 3 days in hospital and months without use of my left hand. Warned off possible arthritis in future. I claimed off his insurance

    if id just tripped over and didn’t break anything I’d probably be happy with an apology and take whatever gesture they offered

    realistically you won’t get much even if you did ‘sue’ them. Payouts are based on a number of factors, loss of earnings, damage to property, pain and suffering endured and lasting damage. Sounds like you didn’t really suffer any of those, other than a few cuts and bruises

    Bruce
    Full Member

    This is something only you can decide.

    For perspective I was cycling along a quiet cul du sac which had a footpath at the end, I had come down the footpath and along the cul du sac. As I passed a car the driver opend the door and I bounced off the door and into the road.

    The only damage to me were cuts and bruises. The damage to the bike was a bent brake lever. The driver admitted it was thier fault but I let it go.

    The reason I choose to do this is that I was cycling in a place where cycles were rare, I was cycling closeish to the car, no major harm done other than being sore for a couple of days. What was the point of persuing compensation and causing the driver extra worry.

    Life is short sometimes it’s easier to let things go and move on.

    mashr
    Full Member

    Another in the “it depends” camp here. Are you injuries going to be totally gone in a short timescale, or something that will go on for a while? Also struggling to imagine what a “I’ve been offered a small non-cash gesture of goodwill as an apology” could be, cash or nothing unless it’s something they know you really want.

    poly
    Free Member

    Part of me is “well, it was an accident, not my fault but I’m sure it wasn’t deliberate”.

    That doesn’t mean you aren’t due to be compensated for your loss.  There’s a whole spectrum from “lets put this box that camouflages with the floor here and see if he trips over it, it will be hilarious, to FFS we used a tiny bright yellow door wedge and still he managed to trip over it”.

    Other part of me is annoyed I had to take a sick day, and it’s meant some leave I had booked I’ve ended up sitting with my feet up rather than doing anything else.

    If you hadn’t had leave booked would those also be sick days?  In which case your employed should (by law) cancel the leave, pay you as sick and let your take the leave.  Obviously if you don’t get paid (or paid as well) for sick days you may prefer to have been on leave.

    singletrackmind
    Full Member

    I would decline the gesture of goodwill and ask for either another week of holiday, paid in full.  Plus a days pay for the agro of visiting hospital. I might even ask they not be part of the sick days count if your firm tally these up and use it against you at annual review time , or if you have one of those Draconian regime structure where X number of days off triggered a welfare check .

    PJay
    Free Member

    I got knocked off my bike a couple of weeks ago (driver’s fault and they were very apologetic) and have been off work for a couple of weeks with painful ribs and cuts and bruises.

    Fortunately there doesn’t seem to have been any damage to the bike (some scraping on the helmet) so no insurance claim (I have a phone number for the chap if necessary).

    The thing is, they were rushing to see a young child who had just come out of major surgery and I really felt for them and have just sucked it up (police not pursuing either).

    People do go on about compensation though, so I occasionally wonder whether I’m being silly (we’re not well off).

    I guess it’s a personal choice really. For me, I think that if stupidity & recklessness had been involved, I’d be after compensation but as it was an understandable lapse I’ve let things be.

    oceanskipper
    Full Member

    What have they offered you?

    stevemcneill
    Free Member

    Ok, thanks all, possibly been a bit too vague. It’s not my employer, getting off a train, the door had been partially blocked and I fell between the train and platform. I’ve been offered a 1st class return journey by the train company.

    oceanskipper
    Full Member

    Seems a reasonable offer to me. I’d take it.

    fossy
    Full Member

    Possibly need to know if it’s your own workplace, or if it’s staff at another workplace. I think if you’ve been compensated for lost leave (assuming it’s not work related) then accept the gesture.  If it’s work related, maybe ask for the lost holidays back.

    If it’s peanuts, and won’t cover the lost holiday days, tell them they need to offer something to cover the lost holidays.

    fossy
    Full Member

    Major accident’s I’ve taken action – broken bones/shoulder/spine and bike.

    Minor ones, just rack upto experience as it’s not worth the hassle – I got clipped 12 months ago – 50/50, I was filtering down the outside of a traffic jam, and driver turned right into a little used turning (no houses/shops) – I couldn’t say whether they had indicated, but I went through the wing mirror with my forearm.  Ripped the mirror to bits, but also took a chunk out of my arm (permanent scar). Bike was completely OK, bust a cheap smartwatch. Racked it up to experience, and didn’t want the arguments – driver very apologetic and ‘shat’ herself when she saw the bike (that looks very expensive). Also, wasn’t worth the agro I’d get at home (I’ve had a very bad road bike accident in the past, and a few less bad ones – MrsF’s nerves are shot with my accident history).

    Cougar
    Full Member

    Always reject a first offer.

    A “gesture of goodwill” will come with the caveat that you consider this matter closed so if (for example) it turns out a month later that your injuries are worst than first thought then there will be nothing you can do to claim. Ie, they’re paying you off and no-one ever comes in with a highball offer (and no-one ever gives away free money for no reason, they’re doing it because they’re worried).

    I once had a whiplash injury. It was a couple of weeks later that I realised that the real damage was to my thumbs from where I was holding the steering wheel, I must have subconsciously braced for the impact.

    Also, mind the gap. 😁

    kayak23
    Full Member

    Who left the stuff in the doorway of the train? Another passenger?

    Stuff happens. If they’re being nice and offering you a goodwill gesture then lovely, otherwise, you’re ok it would seem.

    Carry on with life I’d have thought.

    politecameraaction
    Free Member

     I fell between the train and platform

    **** a duck! I thought you meant you tripped in a corridor or something.

    mashr
    Full Member

    I’ve been offered a 1st class return journey by the train company.

    No chance. A 1st class return jounry for you plus partner/family/whoever you want would be a better starting place.

    Also, if you have an issue whilst on leave, that means you would have been off sick if working, you should get those days back from your work as sick/injured days =/= annual leave

    thecaptain
    Free Member

    I’m not shy of asserting my rights but would probably take it. You’re not really going to get much comp for non-serious bruising anyway, especially if you may be judged to have contributed though carelessness.

    poly
    Free Member

    Ok, thanks all, possibly been a bit too vague. It’s not my employer, getting off a train, the door had been partially blocked and I fell between the train and platform. I’ve been offered a 1st class return journey by the train company.

    I’d be making that judgement call based on “how obvious was it obstructed” “who obstructed it” “how obvious was it to the train co that it was obstructed” “was there another option to get off the train” “would other people have managed to get through the door without falling” etc factors and then decide if I thought it was at least partly my fault (then I’d enjoy my free coffee and muffin on my next trip) or they were wreckless idiots and lucky i didn’t get properly hurt and then I’d be asking a lawyer what they likely settlement value is.

    spooky_b329
    Full Member

    The goodwill is probably to try and keep you quiet as they know they are liable.

    Did they record it as an accident? They might be worried it will undermine the attempts to replace train guards with driver cameras.

    ads678
    Full Member

    Partially blocked with what? Bags, luggage or rubbish, drinks trolley, disabled ramp?

    stevemcneill
    Free Member

    The drinks trolley had been left in front of the platform facing door, the catering manager and train manager/guard were stood in the bit behind the driver, there was space for it to be in there to be honest.

    I dunno, doesn’t feel like it was my fault (I had to get off the train sideways past the trolley, holding a bag in one hand, folded bike in the other) but don’t think they’d deliberately tried to trip me! I’d like to make sure they don’t do it again more than worrying about getting a cash payout. Which I suppose I’m unlikely to.

    ads678
    Full Member

    I’d be going for more in the case. 1st class return ticket from Paris on Eurostar maybe, but home from work nah!

    andy4d
    Full Member

    The more I read this the more I think sh!t happens. Yes it’s annoying. Was there no other exit available to you? Did you ask for trolley to be moved? Sounds like you tried to take an exit that was not free with your hands full (unable to grab a handle etc) so need to share responsibility for your decisions.

    poly
    Free Member

    The drinks trolley had been left in front of the platform facing door, the catering manager and train manager/guard were stood in the bit behind the driver, there was space for it to be in there to be honest.

    I dunno, doesn’t feel like it was my fault (I had to get off the train sideways past the trolley, holding a bag in one hand, folded bike in the other) but don’t think they’d deliberately tried to trip me!

    So, if i have understood this right.  You had a folding bike and a bag in your hands and you get to the door and discover there’s a catering trolley blocking the door, and in the process of squeezing through the gap somehow stumble and fall down the gap betwixt the train and platform.  Presumably aggravated by the fact your hands were full and couldn’t use the handles provided by the train co next to the doors, and also by having to squeeze through the gap because of the trolley.   Guard and coffee person were close at hand and didn’t move or offer to move the trolley nor did they offer to help with your luggage – with no bags that would be rude, with bag and bike its just stupid/lazy of them.  Realistically having got to one end of the train with two bags it wasn’t practical to turn around and go to the other door at opposite end.

    My suspicion is the offer of goodwill is not a “company” offer because they are worried about liability (or likely even aware) but the guard trying to calm down the situation before anyone spots he didn’t do his bloody job right.  (I’m not suggesting he’s paying out his own pocket but presumably has discretion to deal with unhappy customers somehow).  Whilst it could be the company trying to cover up the risk of replacing guards with CCTV as someone said – its also possible it is the opposite and something covering up the fact that guards are fallible too.

    IdleJon
    Full Member

    Sounds like you tried to take an exit that was not free with your hands full (unable to grab a handle etc) so need to share responsibility for your decisions.

    It’s fair enough to expect the exits of a train to be clear, so that people carrying bags, pushchairs, children, or even less-able bodied people can get to them without needing to slalom and limbo their way out.

    dave_h
    Free Member

    <span style=”color: #000000; font-family: Roboto, ‘Helvetica Neue’, Arial, ‘Noto Sans’, sans-serif, -apple-system, BlinkMacSystemFont, ‘Segoe UI’, ‘Apple Color Emoji’, ‘Segoe UI Emoji’, ‘Segoe UI Symbol’, ‘Noto Color Emoji’; background-color: #eeeeee;”>I dunno, doesn’t feel like it was my fault (I had to get off the train sideways past the trolley, holding a bag in one hand, folded bike in the other) but don’t think they’d deliberately tried to trip me!</span>

    It feels more than just an accident as the event was predictable and preventable so the train company have liability by blocking an exit.  However, given the relatively light level of injury incurred, I’m not sure it’s worth the faff of chasing any further compensation.

    Personally, I’d decline the offer (unless it’s of particular value to you) and follow up looking for action rather than compensation.  By that, I don’t mean sacking people but assurances of change of process to stop it happening again.

    stevemcneill
    Free Member

    Again, thanks for the replies.

    I’ve been thinking about it, and the obvious question is why didn’t I just ask them to move it. Which I should’ve, and getting of the train without holding on the the handle is a good point. But I reckon I’ve got off the train literally thousands of times without needing to! Also the train is packed, so you’ve got a queue going down the carriage waiting for you to get off.

    I wasn’t really expecting any cash, really I complained to say that I hope they look at their process so they don’t block the door. To be honest, I did then think the offer of a free ticket was a bit of a piss take, but accept I’m not really badly hurt or out of pocket. But equally, falling between the train and platform wasn’t a great laugh, feel lucky not tp have been more badly injured.

    Overall, I don’t think it’s really worth the hassle of insisting on more compensation, but will follow up asking to know what they’ve done to remind staff to keep doors clear

    Cougar
    Full Member

    Incidentally,

    How did you fall “between the train and the platform”? The gap is at worst a few inches, that’s surely not possible. Did you miss the platform and lose a foot to it, is that what you mean?

    stevemcneill
    Free Member

    “How did you fall “between the train and the platform”? The gap is at worst a few inches, that’s surely not possible. Did you miss the platform and lose a foot to it, is that what you mean?”

    I’m not really sure to be honest,, foot on the platform then must’ve put the other one into the gap, and slipped down. Don’t think I touched the floor, bruises go from my foot to mid rib so reckon I probably jammed before going all the way down. Dunno, was one of those “I’m upright, WTF is happening, I’m stood on the platform bleeding, how did that happen ” moments. We’ve all had them, right?!

    cheekyget
    Free Member

    My mate at school back in the 80s  stepped off the train wrong and broke his arm…anything is poss

    DaveyBoyWonder
    Free Member

    My mate at school back in the 80s stepped off the train wrong and broke his arm…anything is poss

    Did he claim compensation?

    mattyfez
    Full Member

    So now we know it was a train, ..

    had a fall, the door had been blocked by staff

    This now takes on a slightly different meaning, did you try to exit or board the train but it was too full?

    Did you simply trip due to a larger distance between the train step and the platform edge than you expected?

    spooky_b329
    Full Member

    If you went half way down between train and platform, that had high potential to be more serious.  HSE serious.  You are being very level headed… But you say it wasn’t technically their fault but they left the door partially blocked.

    I know that if I narrow down a pavement too much, work in an office and allow people into my work area, put a ladder in front of a door or cause people to cross the road in an unsuitable location, and any of those occurrences result in an accident, it’s my fault.  Working in Railway Stations is particularly wrapped up in red tape.

    I think a free season ticket or equivalent would be much more appropriate seeing as potentially you could have gone under the train!

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