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Can I make a claim for damages - work accident?
Comments
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how would you feel if the canteen lady tripped and spilled hot custard over your childs face and said "sorry was an accident"
Well, for a starter I don't have kids...even if I did, my child wouldn't be in a works canteen...
So what exactly has your question got to do with a co-worker dropping a plate of soup onto the OP's foot?If it looks like a duck, and quacks like a duck, we have at least to consider the possibility that we have a small aquatic bird of the family anatidae on our hands
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Well, for a starter I don't have kids...even if I did, my child wouldn't be in a works canteen...
So what exactly has your question got to do with a co-worker dropping a plate of soup onto the OP's foot?
Canteen lady at school. I thought that was obvious!
my question is to show that your making out that this is nonsense that someone would claim for being burned by hot soup, but if it would happen to your loved ones or yourself id bet your opinion would be different.0 -
Canteen lady at school. I thought that was obvious!
Ah right, thanks for clarifing that.
Well, obviously, this would be completely different. As the canteen lady has a "Duty of Care" due to the responsibilities of her job role and will have been given the relative training with regards to safe handling and transportation of food. A claim would therefore be completely justified and I'd fully expect disciplinary action to be taken against this employee.
Again I have to ask why this is relevant to the OP? The soup was dropped by a co-worker, not someone who who was employed by the company to serve food.If it looks like a duck, and quacks like a duck, we have at least to consider the possibility that we have a small aquatic bird of the family anatidae on our hands
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Ah right, thanks for clarifing that.
Well, obviously, this would be completely different. As the canteen lady has a "Duty of Care" due to the responsibilities of her job role and will have been given the relative training with regards to safe handling and transportation of food. A claim would therefore be completely justified and I'd fully expect disciplinary action to be taken against this employee.
Again I have to ask why this is relevant to the OP? The soup was dropped by a co-worker, not someone who who was employed by the company to serve food.
The employer has a duty of care over the employees, the same in law as the canteen lady. This duty of care extends itself to all employees too - who must take care not to endanger their fellow colleagues under the health and safety at work act. I believe this soup had been microwaved? If so, in the instruction manual it states to take care when removing food from the oven as it can cause injury. Such an incident should never have occurred, was avoidable and preventable. As a result, the claimaint has a right to compensation for the permanent disfigurement she has received. It is galling that some people would seek to trivialise the OPs injuries and dissuade her from asserting her rights.0 -
The employer has a duty of care over the employees, the same in law as the canteen lady. This duty of care extends itself to all employees too - who must take care not to endanger their fellow colleagues under the health and safety at work act. I believe this soup had been microwaved? If so, in the instruction manual it states to take care when removing food from the oven as it can cause injury. Such an incident should never have occurred, was avoidable and preventable. As a result, the claimaint has a right to compensation for the permanent disfigurement she has received. It is galling that some people would seek to trivialise the OPs injuries and dissuade her from asserting her rights.
A second degree burn that may or may not leave a scar has suddenly turned into a permanent disfigurement! :rotfl:Gone ... or have I?0 -
The employer has a duty of care over the employees, the same in law as the canteen lady. This duty of care extends itself to all employees too - who must take care not to endanger their fellow colleagues under the health and safety at work act. I believe this soup had been microwaved? If so, in the instruction manual it states to take care when removing food from the oven as it can cause injury. Such an incident should never have occurred, was avoidable and preventable. As a result, the claimaint has a right to compensation for the permanent disfigurement she has received. It is galling that some people would seek to trivialise the OPs injuries and dissuade her from asserting her rights.
You don't seem very clear on the law here.
If you are referring to vicarious liability, that is only relevant where the employee is acting in the course of their duties. Eating lunch is not in the course of their duties!
With regard to HASAW, I would be interested in which provision you are referring to, as many sections only create criminal liability.Gone ... or have I?0 -
You don't seem very clear on the law here.
If you are referring to vicarious liability, that is only relevant where the employee is acting in the course of their duties. Eating lunch is not in the course of their duties!
With regard to HASAW, I would be interested in which provision you are referring to, as many sections only create criminal liability.
All workers are entitled to work in environments where risks to their health and safety are properly controlled. Under health and safety law, the primary responsibility for this is down to employers.
As a worker, you have a duty to take care of your own health and safety and that of others who may be affected by your actions. Health and safety legislation, therefore, requires employers and workers to cooperate.
http://www.hse.gov.uk/workers/responsibilities.htm0 -
All workers are entitled to work in environments where risks to their health and safety are properly controlled. Under health and safety law, the primary responsibility for this is down to employers.
As a worker, you have a duty to take care of your own health and safety and that of others who may be affected by your actions. Health and safety legislation, therefore, requires employers and workers to cooperate.
http://www.hse.gov.uk/workers/responsibilities.htm
Please specify the statutory provisions that you refer to.Gone ... or have I?0
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