Personal Injury or damaged car in my work car park?
As users of University Hospitals Plymouth NHS Trust car park will be aware of the hospital car parking area known as the ‘gravel pit’ ‘North west quadrant’ opposite the multi storey car park – The poor state of repair, namely the growing number of potholes and the very uneven surface, especially on the lower areas, continues to cause us great concern.
Report it – DATIX
If you’ve damaged your car and/or injured yourself in your employer’s car park due to potholes and/or an uneven car parking surface, you may have grounds to make a claim against your employer or the entity responsible for maintaining the car park. Here’s how to proceed:
1. Document the Incident
Photographs: Take clear photos of the potholes, uneven surfaces, and the damage to your car. Make sure the photos show the size and depth of the potholes, as well as the location in the car park. – (Try to show the depth clearly in any photograph, perhaps using a measuring tool or an object which can show depth by image comparison).
Injury Documentation: Seek medical attention for your injury and retain all medical records or reports as evidence. If possible, get photos of the area where the injury occurred and any visible injuries.
Incident Report: DATIX – Report the incident to your employer as soon as possible. Make a written record of the details, including the date, time, location, and how the damage and injury occurred.
2. Report the Hazard
Employer Notification: Notify your employer about the poor condition of the car park, emphasizing the hazard it presents. This is crucial for ensuring that the issue is addressed to prevent future incidents.
3. Making a Claim for Vehicle Damage
Employer’s Insurance: Your employer’s liability insurance may cover damage caused by hazards on their property. Contact your employer to find out how to submit a claim for the damage to your car.
Evidence Submission: Provide all relevant evidence, including repair quotes or invoices, photos of the damage, and any other supporting documentation.
4. Making a Personal Injury Claim
Employer’s Liability: Employers have a duty of care to ensure that their premises, including car parks, are safe for employees and visitors. If the car park is poorly maintained, resulting in injury, you may be entitled to make a personal injury claim.
Seek Legal Advice: Personal injury claims can be complex, so it’s advisable to consult with your TRADE UNION GMB Wales & South West OR a personal injury solicitor. They can help you navigate the claim process and ensure you receive appropriate compensation for your injury, including medical costs, lost wages, and pain and suffering.
Health and Safety Reporting: Your injury may also be reportable under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR), depending on the severity. Your employer is responsible for reporting it if required.
5. Complaint Process
Formal Complaint: If your claim is not addressed satisfactorily by your employer, consider making a formal complaint to your employer, outlining the incident, your injury, and the steps you’ve taken so far.
Escalation: If your complaint is unresolved, you may escalate it to the Health and Safety Executive (HSE) or seek further legal advice from your Trade Union GMB Wales & South West.
6. Time Limits
Personal Injury: Generally, you have three years from the date of the injury to make a personal injury claim.
Property Damage: Claims for property damage should be made as soon as possible, ideally within a few months of the incident.
7. Consideration of Employment Rights
Retaliation Protection: Be aware that you are legally protected from retaliation by your employer for making a legitimate claim or complaint. If you experience any negative consequences as a result of your claim, you may have grounds for an employment tribunal claim.
By following these steps, you can take the appropriate actions to seek compensation for both the damage to your car and your personal injury. Consulting with a solicitor early in the process will help ensure that your rights are protected and that you receive the compensation you deserve.
Record names and contact details of any witnesses..
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