Do I have a claim?

#1 2019-02-10 15:14:22

New member

Do I have a claim?

I am an artic lorry driver and on28th Jan I made a delivery to a supermarket store (who I am employed by) within a shared delivery area - the delivery area Is shared with 3 other shops and is located in Ponders End - London area. I had driven from my depot in Bristol.

I was just about to do the delivery but I noticed that an Asda shopping basket had become trapped behind the front wheel, and I couldn't continue positioning myself ready for delivery until I had moved this out of the way. Asda is one of the shared shops - not my employer.

I opened my cab door and went to kick the basket free, but upon doing so I slipped from the cab and fell approximately 4-5ft to the floor, landing awkwardly onto my right foot, sustaining a lisfranc fracture.

I thought that I'd just sprained my foot at the time and made the delivery before driving back to Bristol. I'd mentioned to the staff in the office when I had returned that I'd injured my foot, but I didn't realise how bad it was until I got home and took my shoes off (correct steel toecap footwear) and I asked my wife to drive me to a and e.

A lisfranc fracture was identified (2 dislocated metatarsals with 2 fractures, a snapped ligament that holds up the arch of my foot and a separate fractured bone in the top of my foot) and I was booked in for an operation for 3 days later on 31st Jan.

I have been told I will be off work for 12 weeks and am currently in a moon boot and in a lot of pain. I am only receiving statutory sick pay.

I am wondering if I have a claim as the delivery area was untidy and the customer basket should have never been there in the first place - even though it was my decision to try to kick this out of the way, causing my injury.

I would be grateful if you could advise via email. Many thanks