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I worked at a pub from october last year as barman and DJ (seperate jobs, DJ self-employed).
I often backed up the landlord, even when I was in the DJ role at weekends, when there was any trouble. I was put on a training course in January with a view to becoming bar manager, as I was "a natural" after helping to turn the fortunes of the pub around.
In March, I was out for my OH's birthday and was attacked by an ex-customer who got barred a few weeks before for taking drugs in our toilets. The attack happened at a different pub (across the road) and I was not there when this customer was caught and barred originally. He intimated that we were all ***** and I should get back in my own pub.
Basically, he hit me from behind, on my temple, while one of his friends distracted me. I was knocked out very briefly and while I was on the floor he kicked me, which broke my ankle. I ended up with a plate and 7 screws to hold my fibula together. He has since been convicted of GBH.
I was off on sick until the end of July. When I came back to work, he'd taken someone else on to cover my hours and refused to let them go or offer me any more than a couple of hours a week (from an average of 27 hours before being off sick).
I handed my notice in a week later. The landlord has also now just dumped me as DJ too, so I went to sign on for JSA.
In the interview the woman asked what happened with my last job, so I explained all this to her. I'm limited to the work I can do at the moment, because I'm still having problems with my ankle.
I lost over £4500 in pay while off sick, but the court awarded £1000 compensation, so I am persuing a claim through the CICA. They won't cover lost wages under 28 weeks though.
In the JSA interview, the woman said she thought I should look at the possibilty that it was a work related injury, since it was an attack which could possibly be linked directly to my job at the pub.
What does anyone think? could it be possibly seen as a work injury?
Also, I'm being referred back to the hospital because I'm now having serious pain and mobility problems wth the ankle. If I sign off and onto the sick again, do you think it would be counted as a continous sickness? to make it over 28 weeks?
Sorry for the long post, I'm a bit peeved that I've gone from being fit and active, to someone who needs help to get anywhere!!
Hi,
Sorry to hear of your predicament.
the "work related injury" part is a bit of a minefield.
An employers responsibilities under the HSW act s.2 includes protecting staff from the risks associated with work-related violence SO FAR AS IS REASONABLY PRACTICABLE.
The last part of the above ( in capitals ) is the important bit. You were not in work time.
You were not "at" work.
You were not on work premises.
Was your employer to know that you would be attacked. How far or what exactly could he have done to prevent you from being attacked ?
Don't get me wrong, i am sorry it happened, but i fear that the questions i have raised above, will be similar to any raised by a solicitor if/when you try to claim. But having said that, theres nothing to stop you trying. You dont get anything if you dont ask.
Good luck.
Baz
Please note that although my advice is offered, you should consult your legal representative before taking ANY action.
Lost job after attack
).
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