But it wasn't my fault.
Thursday 12th May, 2016
“BUT IT WASN’T MY FAULT! “
How an accident at work can cause the breakdown of the employment relationship.
Mr Smith of Preston was employed as a Lifeguard at a leisure centre run by the Fylde Coast YMCA. Mr Smith unfortunately suffered a back injury at work. Mr Smith had often been concerned at staffing levels at leisure centre. On the day in question, he was asked to help move a large inflatable weighing approximately 200 kilograms. At first Mr Smith refused as there were no other life guards available to watch the pool users. He pointed this out to his Supervisor but was specifically ordered to leave his post otherwise he would face a disciplinary hearing.
Mr Smith felt he had no choice to leave the pool-side and assist with moving the inflatable away back to its storage area. Whilst attempting to move the inflatable, Mr Smith suffered a back injury because his Supervisor let go of it. Mr Smith was absent from work for several weeks due to his injuries. Upon returning to work, Mr Smith felt that he was treated differently and eventually felt he had no choice but to resign.
Throughout the claim, the Defendant’s representatives denied that Mr Smith had injured himself and alleged that they had a reasonable system of work in place. They maintained that it was reasonable to expect the lifeguarding staff to leave their pool-side duties and lift the item weighing 200kg.
The YMCA’s representatives continued to deny fault when legal proceedings were commenced. Eventually, after two years of contested litigation, and two days before the final trial, their Solicitors agreed to accept our offer.
Mr Smith said;
I had worked as a full-time professional Lifeguard at the Leisure Centre for around 2 years before the accident. I enjoyed the job immensely and took the responsibility of being a Lifeguard very seriously. I am positive that I would still have been working there were it not for the accident or the way they treated me afterwards.
I found it very stressful when they denied that I had hurt myself. They left it right until the last minute before they rolled over. I was made to feel like it was my fault! It wasn’t and the whole thing could have been avoided had they spent £50 on a sack-truck.
Comment
This is a n example of how an accident at work can affect an employee’s relationship with his employer so much so that the employee feels he has no choice but to resign. The injury could have been avoided by providing inexpensive equipment.
We at Aegis Legal are not deterred by insurers and their representatives trying to ‘put off’ Claimants from pursuing valid claims by denying responsibility for the injury. We understand that the litigation process can appear to be stressful but we will support you throughout the entire process and remind you that ‘it wasn’t your fault!’