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-   -   Work Accident and how work is dealing with it. (https://www.cableforum.uk/board/showthread.php?t=33694630)

alanbjames 09-08-2013 20:38

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

Will21st 09-08-2013 20:42

Re: Work Accident and how work is dealing with it.
 
Quote:

Originally Posted by alanbjames (Post 35608018)
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

I'd claim,that company needs a kick up the behind...

Hom3r 09-08-2013 20:56

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.

alanbjames 09-08-2013 20:59

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?

danielf 09-08-2013 21:38

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.

multiskilled 09-08-2013 21:39

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.

alanbjames 09-08-2013 21:49

Re: Work Accident and how work is dealing with it.
 
Quote:

Originally Posted by danielf (Post 35608029)
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.

and how do expect to get carry stuff when im on crutches, hoover and dust when i cant walk.

I will be putting in a claim wheather they like it or not.

gooner4life 09-08-2013 22:00

Re: Work Accident and how work is dealing with it.
 
Quote:

Originally Posted by danielf (Post 35608029)
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.

Agreed, I wouldn't sue my company if I slipped on a wet/oily floor especially if vehicles are parked there, oil leaking is a common sense hazard to look out for, be thankful the company will pay you full sick pay and don't take liberties.

danielf 09-08-2013 22:06

Re: Work Accident and how work is dealing with it.
 
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:

Quote:

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.
And not being able to walk.

By all means: claim for expenses that are reasonable. You just don't sound very reasonable...

idiosyncratic 09-08-2013 22:22

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!

Maggy 09-08-2013 22:36

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.;)

Bulky 09-08-2013 23:20

Re: Work Accident and how work is dealing with it.
 
Rather than go for a claim , why not just ask if the company will pay these expenses , it's in your interest and theirs ...

---------- Post added at 00:20 ---------- Previous post was at 00:13 ----------

Quote:

Originally Posted by alanbjames (Post 35608032)
and how do expect to get carry stuff when im on crutches, hoover and dust when i cant walk.

I will be putting in a claim wheather they like it or not.

Looks like you've made your mind up , don't expect a great reception when you get back to work with an attitude like that ;)

alanbjames 10-08-2013 01:47

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.

MovedGoalPosts 10-08-2013 11:53

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.

alanbjames 10-08-2013 12:38

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.

joglynne 10-08-2013 13:28

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.

martyh 10-08-2013 14:12

Re: Work Accident and how work is dealing with it.
 
Quote:

Originally Posted by alanbjames (Post 35608057)

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.

How come no one else in the company noticed the spill after it had been there for a day and a half? ,sounds like the rest of the drivers and warehouse staff need a crash course in H&S and a liberal dose of common sense .If as you say the H&S rep is a fat lazy git then all the more reason for the general staff to be more aware of hazards such as spilled oil .

alanbjames 10-08-2013 19:16

Re: Work Accident and how work is dealing with it.
 
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.

Pauls9 12-08-2013 08:13

Re: Work Accident and how work is dealing with it.
 
Quote:

Originally Posted by joglynne (Post 35608177)
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.

This sounds like excellent advice to me. Get people who know about this sort of thing involved.

alanbjames 13-08-2013 14:24

Re: Work Accident and how work is dealing with it.
 
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.

joglynne 13-08-2013 15:04

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.

Hom3r 13-08-2013 17:54

Re: Work Accident and how work is dealing with it.
 
A good union should help you go through any legal process via a company they deal with and should be cheaper, if not free.

Maggy 14-08-2013 10:49

Re: Work Accident and how work is dealing with it.
 
Quote:

Originally Posted by Hom3r (Post 35609405)
A good union should help you go through any legal process via a company they deal with and should be cheaper, if not free.

Another reason why unions are a good thing.;)

Hom3r 22-08-2013 17:31

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.

Mick 22-08-2013 18:56

Re: Work Accident and how work is dealing with it.
 
Quote:

Originally Posted by danielf (Post 35608034)
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:



And not being able to walk.

By all means: claim for expenses that are reasonable. You just don't sound very reasonable...

What stretch?

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.

alanbjames 23-08-2013 03:28

Re: Work Accident and how work is dealing with it.
 
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.

alanbjames 09-10-2013 16:06

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.

Gary L 09-10-2013 16:20

Re: Work Accident and how work is dealing with it.
 
Quote:

Originally Posted by alanbjames (Post 35629911)
Apparently the firm wants to settle out of court according to the union so im just awaiting an offer.

Did you tell them you had whiplash and suffer flashbacks? :)

How much are you prepared to accept?

Chris 09-10-2013 16:36

Re: Work Accident and how work is dealing with it.
 
Quote:

Originally Posted by alanbjames (Post 35629911)
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.

I'd not spotted this thread before. Reading through from the top it sounds like a bad soap opera or an actual nightmare. In fact if you made a TV drama out of it people would probably complain it was unrealistic. You must have had a rotten few months with the accident followed by pressure from your employer not to make a fuss and then abusive texts from the lying H&S bod.

I'm glad to hear things are now heading in the right direction for you.


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