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Work Accident and how work is dealing with it.
Hi Guys i wonder if anyone can help me with dealing with a works accident.
Last Tuesday i had an accident in work which was works fault. I work for a delivery firm and oil had leaked from one of the vans into the delivery bay and i slid on it while walking to the van and i have damaged ligaments in my left knee and have 8 stitches. I have been told by hospital i will need 6 weeks rest + physio. I took pictures at the scene on my phone of what i slid on and it was entered into the works accident book + works first aider attended before i was taken via ambulance because i couldnt drive. Today i had a meeting with my boss and although he didnt come out and say it, he give me the impression that if i claimed for the accident it would be frowned upon. Also im having problems from another member of staff since the accident, this staff member its part of his job to make sure there are no hazards in the work place but he rarely leaves the office, hes obese and sits in the office eating and drinking tea and its a running joke at work about him. Questions are now being asked why he didn't spot the oil and why he didn't even attend the accident when it happened to even view the hazard and hes looking at loosing his job and hes sent me a few nasty text messages via my phone. How would anyone in my place handle this? Thanks |
Re: Work Accident and how work is dealing with it.
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Re: Work Accident and how work is dealing with it.
Show the company the text messages.
Do you need to claim against the company? They should pay you full wages. |
Re: Work Accident and how work is dealing with it.
i need to pay other expenses.
I will need to pay for Taxis and Busses for treatment, Need to pay someone to help me do housework and keep place clean, need to pay someone to wash my clothing at the laundrette because ive only just moved and dont have a washing machine yet. + Damage to clothing and the fact that im now in horrendous pain and i shouldnt be why shouldnt i claim? |
Re: Work Accident and how work is dealing with it.
Obviously, your wages should be paid. Taxis and Buses for treatment sounds reasonable. Having someone do the housework/washing your clothes sounds like you're taking the **** if you're going to be off work.
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Re: Work Accident and how work is dealing with it.
Have a look at the HSE site it gives you info you might need.
http://www.hse.gov.uk/workers/index.htm Just noticed this as well on the HSE site. "Cases of over-seven day injuries must be notified within fifteen days of the incident, using the appropriate online form". So your employer should be doing this at least. |
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I will be putting in a claim wheather they like it or not. |
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I couldn't give a rat's arse either way. It's just that there seems to be a bit of a stretch between your original description of your injuries:
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By all means: claim for expenses that are reasonable. You just don't sound very reasonable... |
Re: Work Accident and how work is dealing with it.
This appears to me as a combination of two things.
The requirement for a company to maintain a safe work environment. The responsibility of the individual for their own welfare. So - the oil shouldn't have been there, but that doesn't mean someone should walk through it, either. I agree with danielf, the wages & expenses for attending treatment seems reasonable, claiming for 'home help' seems a bit ott. My wife amazed me how much she managed to do with a broken foot, while in a pot & on crutches - she wouldn't let me help! |
Re: Work Accident and how work is dealing with it.
I think whether to sue or not depends entirely on how the company deal with you over the accident.If they are fair and treat you well then why bother?
As for the housework I'd take the opportunity not to bother and have the perfect excuse to relax and get better.As Quentin Crisp said,after a while the dust gets no thicker. I'm pretty sure any friends and colleagues will be by to check on you.;) |
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Rather than go for a claim , why not just ask if the company will pay these expenses , it's in your interest and theirs ...
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Re: Work Accident and how work is dealing with it.
The reason i have made up my mind is because of the attitude of the fact ive had the accident its as if they are trying to make out its my fault. After posting the last post on here i checked email to receive a message from the boss stating "on the day of the accident we have heard that you were not wearing ur glasses because the oil spill was rather extensive and visible for a wide area". my reply was "No, because i wont wear glasses to work i wear contact lenses instead because i find if i sweat wearing glasses they steam up and being a driver can be dangerous". And i also added "You have just made a very good point, if the oil spill was that extensive and visible surely those responsible for health and safety should have picked up on it while doing their rounds."
I know for a fact when loading and unloading is taking place the guy whos job it is for hazards as i said the one who is now threatening me should be on the loading area watching whats happening because theres people and forklifts and trollys going in all directions but he rarely peers out of his office. i also have it on good authority and i will be getting evidence even though the accident happened at just before 7am in the morning, the oil wasnt actually sorted until the vans came back in after 6pm the following day, there were no warning signs or anything placed in the area either. |
Re: Work Accident and how work is dealing with it.
Is your firm big enough to have a HR dept? If so see them.
Is there anyone more senior than your boss you can speak to? Presumably there is no union or other employee representation at the company? If you are being harassed at a workplace by another, that is wrong. You could choose to complain. If they are not being sensible in acknowledging they did not provide a safe environment then consider using one of these ambulance chasing lawyer firms that are forever on the TV / radio. But once you start down that route you will probably be burning your bridges with your employer as although they shouldn't treat you unfairly, memories are long and future promotion, pay rises etc could all be affected. |
Re: Work Accident and how work is dealing with it.
Rob i cant say the firm name but its a HUGE firm and yes there is a union rep but hes on his honey moon and wont be back for atleast another week.
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Re: Work Accident and how work is dealing with it.
As your Union Rep is unavailable phone the union to let them know what is happening and ask their advise. Your guy can get up to speed on the current position when he returns to work but you need proper advise and union backup now.
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it was reported again by the person who told me it still hadnt been cleaned up when he got back in from his rounds at just after 5pm.
I have no idea if anyone else during the day also mentioned it. |
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I have an appointment with a rep Next Monday.
I have just been to the hospital and im now told i have the onset of septicemia from engine oil entering the blood stream and im on 2 different drugs. I telephoned employer to keep them updated as they asked and was told "What do u want us to do about this?". I'm thinking now of just handing everything over to a solicitor and just having contact through them as its as if they are trying to make out im to blame and tuff luck. |
Re: Work Accident and how work is dealing with it.
As far as I am aware you have 3 years in which to take your employers to court in this type of situation so you have some breathing space. Once you set a solicitor in action you are committing yourself to the possibility of large legal expenses. It is up to you but personally I would hang fire on the solicitor until you have at least spoken to the union rep as your union should be able to provide legal advise/representation free of charge.
I would also be keeping a detailed log of all that happens, dates, phone calls, names and anything thing else that is said or done. Your employers seem to be under the erroneous assumption that they are the people who get to decide what happens following an Industrial Accident. They will learn otherwise. |
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A good union should help you go through any legal process via a company they deal with and should be cheaper, if not free.
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Agreed Maggie, but a union is only as good as it's members.
I was in a union, and we rejected the company's poor offer, we had two options work to rule or accept their offer. Now a department my mum worked in some wanted to accept as they had based their mortgage on their full wages plus overtime. Other in the department didnct want to go against the "top bitch" so we had to accept. I will think hard before joining one. Where I currently work there is no union, and the owner would rather close than have a union. |
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Usually damaged ligaments in the leg, normally causes someone to rely on additional support, i.e crutches. He also said in his original post he was getting or will be getting Physio support, they don't give this willingly to people who can walk. I do not think the OP is being unreasonable at all. |
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Well its in the hands of my union now including txt messages Ive received, a answerphone message from the health and safety guy telling me outright i should have been more careful and i was to blame and the fact i'm getting over septicemia and could have lost a leg.
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Re: Work Accident and how work is dealing with it.
Just thought i would bump this. The police are new involved because the health and safety officer lied in his report and hes lost his job and has been sending me threatening txt messages. In his report he stated that he attended the scene of the accident when i had the accident and he didnt and this was shown on CCTV. He also stated that when the accident happened the oil spill was almost immediately cleared and cleaned yet on CCTV it shows clearly it was still there after 4pm in the afternoon around 8 hrs after the accident happened.
Apparently the firm wants to settle out of court according to the union so im just awaiting an offer. |
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How much are you prepared to accept? |
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I'm glad to hear things are now heading in the right direction for you. |
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