Serious accident months ago & I'm struggling. Mentally, financially, physically - can/should I claim to stop anyone else getting hurt & help with financial impact?

[KalusSchwabisms]

In early December of last year, I fell after tripping over a gray box. These boxes are always strewn around the loading area, (even after my serious accident). I ended up in A&E and was virtually immobile for three months, relying on morphine, after breaking my hip/femur in two places. One of those places was where tendons attach to the bone. The doctor warned that if I had fallen on my back, paralysis would have been almost certain. I'm more than concerned about the likelihood of this happening again to someone else.

I'm still struggling to walk and experiencing pain, which is taking a toll on my mental health. I feel trapped at home without a routine, something I've always relied on to maintain my mental well-being.

My doctors are still not willing to give me the green light to return to work. I admit I was a bit naive in thinking I could go back on light duties until I fully recovered. However, the DOM stated that if I were to return, he expects me to be fully fit in six weeks, in accordance with Royal Mail policy. Currently, I am unable to drive, lift weight, and I have to spend most of my time sitting, which is still uncomfortable.

Soon, my pay will be reduced by half. According to the consultant's prognosis, it will take 8-12 months (from injury date) before I am well enough to return to work, but there is a possibility that I may never fully recover. This thought scares me.

I feel guilty for feeling sad about my situation when I know there are many people going through far worse each day. Nevertheless, I can't help but feel this way. I'm in a bit of a dark place, worried that I may never be able to return to work. Our mortgage is due for renewal next year, and I feel guilty for not being able to contribute enough money to our household expenses.

Initially, I viewed this as a mere accident. However, seeing the boxes still littering the loading area, experiencing pressure from the DOM to return (although not inappropriately), despite being far from ready, as well as being expected to be fit in 6 weeks has changed my perspective. Additionally, this situation has strained my relationship due to my mental health struggles and my girlfriend's frustration with still needing to support me (as a former carer, I understand her frustration). Now, I'm feeling quite angry about the situation. It should never have happened, and Royal Mail's attitude is that it was my fault for not conducting a risk assessment before walking just 10 feet (although I did check my path was clear). The box accidentally slid into my path as I walked, carrying another box to the van. I believe I did everything correctly.

I believe it's inevitable that someone else will get hurt unless the hazardous conditions in the yard, such as litter, mail sacks, old trolleys, and bikes, are addressed.

As a union member who has worked with Royal Mail for about two years, I'm considering speaking to union solicitors about making a claim, (if anyone feels I have one?). I hadn't thought about this until recently, as I dislike the blame and claim culture. However, I genuinely believe that everyone involved could benefit from this course of action, including my colleagues, managers, the company, and myself. It would ensure that such incidents are prevented in the future and spare others from unnecessary harm and suffering.

My reasons for pursuing this are twofold:
Firstly, I want Royal Mail to learn an actual lesson from this experience, ensuring that no one else is needlessly injured and forced to endure this suffering.
Secondly, I have experienced a significant financial impact. I missed out on all my Christmas overtime, which I usually rely on to help pay bills for a few months and cover Christmas expenses. As a result, I've had to pay others to do essential/emergency work on the house that I would normally handle myself. I'm easily several thousand pounds behind where I would be if this accident hadn't happened. Managing our mortgage will soon become challenging.

I understand that people are often quick to pursue 'compo', but that is genuinely not my intention in considering this as a potential claim. While recovering some of the money I've lost due to this accident would be personally beneficial, I couldn't live with myself if someone else fell and ended up paralyzed because I chose not to take action out of embarrassment, shame (and I do feel both), or a desire for an easy life (and I'd rather an easy life). I've reported the dangerous condition of the yard, and I was assured it would be addressed, but nothing has changed. I feel the only way they will learn is if it affects their revenue.

I would appreciate any advice, thoughts, or opinions, particularly from a colleague's perspective. Lately, I feel like I'm not thinking clearly due to depression and anxiety (I am currently addressing this with my doctor).

Thank you for taking the time to read this. It actually felt good to get it off my chest.

[Jack1960]

Has the area safety rep been in touch with you ?

[POSTMAN]

Soon, my pay will be reduced by half. According to the consultant's prognosis, it will take 8-12 months (from injury date) before I am well enough to return to work, but there is a possibility that I may never fully recover. This thought scares me.

Did you register the AOD at work-did the/a manager investigate it?

With an accident on duty you get full sick pay for 1 year.
Then sick pay at pension rate after that.
Make sure you register your accident with the DWP.

Sick Absence
due to
Industrial
Injury or
Disease

An employee who incurs sick absence directly due to an industrial injury sustained,
or to a prescribed industrial disease contracted, at work on or after 1 January 1979
will be allowed sick pay at the same rates as above. However during the first six
months (26 weeks) of any such absence the overall limits on sick pay across four
years will not apply. The first six months (26 weeks) of any such absence will also
be ignored when applying these maximum limits on sick pay across any period of
four years. Any continued absence beyond six months will be paid according to
personal entitlement and reckoned normally.

viewtopic.php?f=36&t=83863

And see this thread...
viewtopic.php?f=28&t=32081&p=335666

Even if your accident doesn't seem serious, register the accident as an
industrial injury with the Department for Work and Pensions (DWP). The
DWP will give you a form to fill in with the details. This will help you with any
future industrial injuries benefit claims if you develop a disability or health
problem later on because of the accident.

Also see this, not 100% whether it is still going...
PERSONAL ACCIDENT BENEFIT SCHEME: PABS (As a result of an accident at work) Now PICS

[nutcracker]

Take them to the cleaners, no one else is going to put food on your table!

[KalusSchwabisms]

Thanks, super helpful. I wasn't aware of any of this.

The accident was registered and investigated. They sent out some documentation essentially blaming me for the accident because I "failed to carry out a risk assessment".

Firstly, not sure how practical it is to do a 'risk assessment' (not sure how that is defined) every time you perform one of the thousands of actions we perform in a day. Secondly, I did stop, assess my path was clear before walking (as there was a guy loading next to me) and I was concerned we may collide, so I did check that what I was about to do was safe for both of us - I'd call that a risk assessment. I refused to sign that I agreed with this as it was nonsense, and ignored my statement about how I checked my path was clear, they never chased it up.

I will register the accident with the DWP, and follow up on the other info/resources.

Very much appreciated.

[KalusSchwabisms]

Has the area safety rep been in touch with you ?

I spoke with her a week or two after the accident, when I was back home from hospital and my pain was under control. She advised me that, in her opinion, this was entirely the fault of RM, and advised me to pursue a claim against them. However I wasn't interested at that point, it took some time for me to realise just how serious and impactful this has been to my life.

[KalusSchwabisms]

I'm also worried about making a claim in terms of them possibly making my life more difficult, bringing on any bullying and harassment, or perhaps moving me etc. Specifically I'm worried about it impacting my mental health should they behave in such a way, I've had serious problems with my MH years ago, it was terrifying and a dark time, although I don't think I'd let this deter me, the impact it has had on my life has just been too great to take no action.

Curious if anyone has claimed and how it impacted their relationship with their DO.

[iHateD2Ds]

As a Previous poster says “Take Them To The Cleaners”
Your life has seriously been impacted by an accident at work through No Fault of Your Own.

No doubt you are now on half pay?
After 12 months ,zero pay and what if you are still not back to health?

Do Not hesitate to get a solicitor on the case with a Good Reputation, you have three years to issue court proceedings.

[Jack1960]

How are things? , have you followed up on any of the good advice , or just get in touch with your rep if you find It difficult, either way all the best .

[Jack1960]

Hows it going ?

[Constance]

Firstly don't use Unionline. They are not great lawyers. I speak from personal experience and also with the expertise of having worked as a personal injury lawyer myself so I know what I'm taking about.

This is a clear case of failure to provide a safe system of work and indeed failure on Royal Mail's part to assess risk. I'd be interested in knowing if processes changed after your accident. Great for you as it is a pretty straightforward admission they were inadequate before the fall. It's not crucial though, so don't sweat this point.

You are very fortunate in some ways that your claim is worth a fortune sadly for you ( being so unwell is no fun). This means lots of solicitors can take this case on a no win no fee basis because, even worst case, there's plenty there for fees and just on the bare facts, you are pretty guaranteed to get a good chunk , so there's plenty of legal expenses insurers who will underwrite it. Plus it's highly probable that Royal Mail will have to pay your legal fees anyway.

Be prepared for Royal Mail to take this to the wire. Allow 3 to 5 years for a settlement. It's nothing personal to you nor does it reflect upon the strength of your claim. It's just the way the game is played.

Let your lawyer so the heavy lifting. Don't stress about your claim in the meantime. Keep all your receipts for taxis prescriptions non prescription meds and diy help and cleaning help and home help. Keep a record of increased energy costs.

As for bullying and harassment as a result of bringing a claim, I think you'll find the opposite will be the case.

Your main task is to find the best lawyers. I'd go to Irwin Mitchell or Switalskis or Simpson Millar. Meet up or at least speak with the person who will take your case and see who sounds the most on the ball and knowledgeable. Not all lawyers are as good as the next. Whatever you do , do NOT use one of these companies such as Unionline or these heavily advertised solicitors that operate by having 1 solicitor signing off ( aka never getting involved) and 50 unqualified claims handlers under them using poor claims software. All they do it paint by numbers and I've probably forgotten more law than they ever use in a year.

Good luck and go for it. I wouldn't think twice.

[Constance]

PS when you register your claim for industrial injuries disablement benefit, you'll be assessed by the DWP doctor. These are not the same assessors/Nazis they use for PIP. Funny how they mistreat PIP claimants but not IIDB claimants but that's a political thing I guess. It's not a lot of money but it helps every week and whilst it will be deducted from your final settlement and returned to the state, you may sadly ( I hope not) be in receipt of some IIDB for ever so it's worth claiming now. Plus it supports your civil claim evidentially.
PPS Your solicitor will get you an interim payment to help short medium term but only if they admit liability.