Accident at work - pay and liability

ernestobritt

Hi,
She may be able to get other benefits if she is injured as the result of employer fault.

jazzyman01 wrote: »

She could contact a no win no fee lawyer specialising in accidents at work.

Yep... it would be better because you will get the specialisation from experience lawyer.

Emmzi

on web server so no email - can someone report above poster for links in signature please?

JUNIOR

She can get SSP for the first 28 wks i think , and then go on IC , if the break has not healed , but i would contact house insurance first ,as you get all of the claim . She should put all loses including loss of earnings , medication cost , everything she has to pay out her own pocket due to this injury .


As an employer, a person who is self-employed, or someone in control of work premises, you have legal duties under RIDDOR that require you to report and record some work-related accidents by the quickest means possible.
You must report:

• deaths;
• major injuries;
• over-3-day injuries – where an employee or self-employed person is away from work or unable to perform their normal work duties for more than 3 consecutive days;
• injuries to members of the public or people not at work where they are taken from the scene of an accident to hospital;
• some work-related diseases;
• dangerous occurrences – where something happens that does not result in an injury, but could have done;
• Gas Safe registered gas fitters must also report dangerous gas fittings they find, and gas conveyors/suppliers must report some flammable gas incidents.

RIDDOR applies to all work activities but not all incidents are reportable. If someone has had an accident in a work situation where you are in charge, and you are unsure whether to report it just call the Incident Contact Centre

J

MrsTinks

Emmzi wrote: »

on web server so no email - can someone report above poster for links in signature please?

Done



I can't unfortunately remove it as I am not a BG on this board but they have been reported to Abuse

sams247

Thank you to all for your advice, it puts my DD in a better situation to discuss things with her employer now she has some facts behind her. They are treating it almost as if it's a bit of a laugh, making jokes about toes falling off, and still no accident book. We shall follow the advice on here and I shall be trying to persuade my DD to seek compensation

JUNIOR

" They are treating it almost as if it's a bit of a laugh, making jokes about toes falling off, and still no accident book."

They are breaking the law , having no accident book for employee's .

It really shows that they are poor employers if there making a joke out of someones injury , i would advise that your DD write down all correspondence she has with her employer as this might get nasty .

you are within your rights to sue this employer with no comeback


"We shall follow the advice on here and I shall be trying to persuade my DD to seek compensation "

She should'nt need persueding :rolleyes: she has been injured through the negligence of an employer

Good luck

Ivrytwr3

I t sounds to me like the company know they are in the wrong and are trying to brush it off ie accidnt book not being available, items always stored there, should be wearing safety shoes. They are trying every trick to say it was your DD's fault and theirs.

I would seriously:

ask one more time for the accident book, if not available write your accident incident to their head office/HR, explaining why you are having to do this.

Start a PI injury claim with the company, this is why SHOULD they have insurance.

Why should your daughter suffer because some idiots think H&S/Policy do not apply to them?

sams247

Why should your daughter suffer because some idiots think H&S/Policy do not apply to them?




I agree with you! She needed some persuasion as she saw these people as her 'friends' but I think if they were friends they would be doing all they could to support her, including supporting a claim to their insurance. I think it's going to be a long haul

Valli

well, when I worked in a laboratory, with gas cylinders, we had to have them chained up so they couldn't fall over. It was a legal requirement.

And the fact that there have been no previous incidents is neither here nor there. There has been one now, they are at fault for not providing safe working conditions.

The_Pedant

They are obliged by law to have an accident book, this needs pointing out to them.

Last time I checked, they simply require a means of recording the incident. It just so happens that in most cases, companies find the standard 'accident books' you can get, do the job perfectly.

I'm not sure if there is any 'specific' law requiring cylinders to be secured. It is however a requirement under general health & safety provisions to ensure the workplace is safe, and it is also HSE advice that all cylinders should be secured : HSE Safe use of gas cylinders. See the section on 'handling & use'.

Considering what has happened, I think the employer is taking a VERY lax attitude to this. I would be inclined to take the advice offered above to see about recovering at least the shortfall between SSP & your normal wage.