I ruptured my Achilles tendon moving equipment into our new office. I want to pursue an Achilles Tendon Injury claim but my employer is arguing that I sustained the injury playing football. I am worried about facing my employer in court, should I forget about it?
It is highly unlikely that your Achilles tendon injury claim will proceed as far as court. Your employer has a duty of care to provide you with a safe working environment and if necessary equipment to ensure you can carry out your work safely. As part of health and safety regulations, they are also required to train you in health and safety procedures including correct manual handling practices. Since you injured yourself moving equipment if your employer failed to provide you with the necessary training to carry out manual handling, you may be entitled to make an Achilles tendon injury claim.
It is natural for an employee to be apprehensive about making a compensation claim against an employer especially if there is a dispute over how the injury was sustained, however it is worth bearing in mind that according to UK law there should be no repercussions against an employee who rightly makes compensation claim for personal injury against and employer. It is also important to note that the employer’s insurance company pay the compensation for successful claim and not the employer.
In order to successfully claim compensation, you need to prove that your employer’s negligence resulted in you sustaining an Achilles injury therefore evidence such as testimonies from people who saw the accident along photographs of the equipment you had to move and its official size and weight could all be very useful.
However you are best advised to speak with a personal injury solicitor as it is likely they will have with an Achilles tendon injury claim against an employer before and will be best able to advise the course of action you should take.