accident at work

YorkshireBoy

Mrs_L wrote: »

Sorry I should have said that it had a compo mix in it.

Don't tell me he mixed the compo up in the back of the pick-up without thinking how he'd get it down!

Or maybe it was mixed elsewhere, lifted/wheeled on, and transported to site?

dacouch

Your point 2 is not correct Yorkshireboy.

The employer is responsible for providing a safe working environment and providing health and safety training along with risk assesements.

If the employer has not shown the employee the correct lifting techniques then its the employers fault unless the employee has been recklessly negligent.

If the employer has carried out the correct Health and Safety training and has proof they carried out the relevant training etc then if the employee ignored the training it could be the employees fault.

If you want to make a claim it would be worth putting a claim in the sooner the better as the solicitors may be able to arrange physiotherapy or other treatments that could aid the recovery.

YorkshireBoy

dacouch wrote: »

Your point 2 is not correct Yorkshireboy.

If the employer has not shown the employee the correct lifting techniques then its the employers fault unless the employee has been recklessly negligent.

Maybe the employer was unaware this practice (unloading 3-4cwt(?) barrows of compo mix from the back of the pickup) was going on?

Even if the employee hadn't been shown, he really ought to know it wasn't a safe practice. That's why I suggested he might have failed to look after his own safety, and that of anyone assisting him (forget the HASAWA section [it's either 2,6, or 7?], but it's to do with "acts and omissions"). The company's insurer's solicitors will pick up on this and that's why I suggested contributory negligence may be alleged.

As it is though, the details of the incident are sketchy.

If you want to make a claim it would be worth putting a claim in the sooner the better as the solicitors may be able to arrange physiotherapy or other treatments that could aid the recovery.

That's a good point, but I wouldn't be signing any 'full and final' offer until I knew the full and final outcome.

Mrs_L

YorkshireBoy wrote: »

Don't tell me he mixed the compo up in the back of the pick-up without thinking how he'd get it down!

Or maybe it was mixed elsewhere, lifted/wheeled on, and transported to site?

Yes it was mixed elsewhere loaded on and then had to be unloaded where it was needed.

geri1965_2

We can only speculate what the ultimate outcome of the claim will be at this stage, without knowing all the facts, what documents the employers hold and what any witnesses are likely to say.

The thing that jumps out at me at this stage is - where was the forklift truck, and why was it not available on this occasion? Courts are very reluctant to find against employees who are just trying to get on with the job, even if it does mean they are doing something they have been told not to do.