Can I make a claim for damages - work accident?

dickydonkin

T800 wrote: »

but you seem confused where you are. We arent investigating anything, we are discussing something on the internet based solely on what the OP has given us. Whilst it is commendable to seek only hard facts, at the same time you are closing yourself off to common sense. At this point in time we are dealing with limited information - should we just not discuss any further, or shall we try to establish based on common sense what the most likely thing is that happened?

I am certainly not confused.

Whilst it is commendable to seek only hard facts, at the same time you are closing yourself off to common sense

Common sense such as providing oven gloves to diners and just to make sure - wrap a towel around the offending bowl - sensible safety measures? No - I think not.

With H&S, hard facts are the only ones worth seeking IMHO.

T800

dpassmore wrote: »

I am certainly not confused.



Common sense such as providing oven gloves to diners and just to make sure - wrap a towel around the offending bowl - sensible safety measures? No - I think not.

With H&S, hard facts are the only ones worth seeking IMHO.

I didnt suggest the gloves/towel that was someone else.

You state that hard facts are the only ones worth seeking - yet you contradict yourself by making a post full of "probably" with regards to the OPs situation.

T800

dpassmore wrote: »

If you read my post, I was suggesting that in the OP's situation, criminal law will be irrelevant however, I accept that where an employer has been prosecuted in a criminal court and found guilty of breaches of health & safety, then yes - that could potentially assist in a future claim for negligence, however, that is not the case here.

A point that has not been made is that if the OP had lost more than three days work as a result of her injury, her employer would have a legal duty to report the accident under RIDDOR regulations and would need to be submitted within 10 days of the accident occuring.

If the type of injury or the amount of lost worktime does not come under these regulations, then there is no legal duty to report the incident to the HSE.

This is quite possibly the OP'S situation, therefore if the regulatory bodies have not been involved, it is unlikely that a prosecution in a criminal court will take place or enforcement notices issued, making negligence difficult to ascertain.

Of course that is not suggesting that to determine negligence, an employer has to be prosecuted in a court of law, however, we are discussing the OP's situation here.

Depending on the seriousness of an incident or unless the same employer is reporting an unusually amount of accidents, it is unlikely the HSE will investigate -their resources like many other organisations are stretched.

That does not of course mean that the company cannot undertake their own accident investigation, however, there is no legal duty to do so.

In the OP's situation, I think that it is unlikely that an investigation has been undertaken which has determined the immediate and underlying cause(s) of the accident - the reason I state this is that if there had been, the OP would know the cause by now and the outcome of the investigation would have been posted I'm sure.

All highligted in red shows you are not concerning yourself with hard facts, you yourself are speculating as to what the real situation of the OP is, a bit hypocritical, no?

dickydonkin

If you read my post, I was suggesting that in the OP's situation, criminal law will be irrelevant however, I accept that where an employer has been prosecuted in a criminal court and found guilty of breaches of health & safety, then yes - that could potentially assist in a future claim for negligence, however, that is not the case here.

Fact - criminal law will be irrelevant in the OP's situation

Fact - Any employer found guilty in a criminal court for breaches in H&S legislation could potentially assist an injured person claiming in a civil court.

Fact - The above point is not relevant here due to the fact that the OP has not lost any work (see OP's first post) nor does the injury come under RIDDOR regulations, there has been no enforcement notice or any investigation by a regulatory body therefore the company will not be prosecuted in a court of law.

If the type of injury or the amount of lost worktime does not come under these regulations, then there is no legal duty to report the incident to the HSE. This is quite possibly the OP'S situation

Fact - There is no need to report the accident/injury under RIDDOR regulations.

Depending on the seriousness of an incident or unless the same employer is reporting an unusually amount of accidents, it is unlikely the HSE will investigate -their resources like many other organisations are stretched

FACT - The HSE are suffering from a lack of resources and the reality is that for a relatively trivial incident, it is VERY unlikely that the HSE will investigate - moreso as they are not even aware of the incident.

In the OP's situation, I think that it is unlikely that an investigation has been undertaken which has determined the immediate and underlying cause(s) of the accident - the reason I state this is that if there had been, the OP would know the cause by now and the outcome of the investigation would have been posted I'm sure.

As I stated - unlikely - because of the reasons given.

I think this thread has run its course because I and many others on this topic have surrendered - certainly I have and I have to throw the towel in (perhaps someone could use it to protect themselves from hot soup!)

I have based my postings on my experiences of reporting many workplace accidents and incidents and dealing with regulatory bodies so I would like to think that I have sufficient knowledge on such a topic.

I have exhausted my thoughts on this and I just do not want to become embroiled in a tit for tat internet tennis game - it not only gets monotonous after a while, but is generally unhelpful for the OP.

I and many others have highlighted the potential pitfalls of submitting a claim for personal injury - particularly this one - and although I have never dismissed outright the likelihood of getting something, proving negligence may be difficult.

T800

dpassmore wrote: »

Fact - Any employer found guilty in a criminal court for breaches in H&S legislation could potentially assist an injured person claiming in a civil court.

what do you mean "could potentially" of course it will help - massively so.

I think you are underestimating the significance that a guilty verdict in a criminal court against the employer would do for massively supporting a negligence claim in a civil court which only relies on a lower burden of proof of evidence to be presented to the judge.

Other than that, I agree that this topic has been exhausted without any new information from the OP.

dickydonkin

T800 wrote: »

what do you mean "could potentially" of course it will help - massively so.

I think you are underestimating the significance that a guilty verdict in a criminal court against the employer would do for massively supporting a negligence claim in a civil court which only relies on a lower burden of proof of evidence to be presented to the judge.

Other than that, I agree that this topic has been exhausted without any new information from the OP.

So it is a fact after all................!

Last word - honest!

T800

dpassmore wrote: »

So it is a fact after all................!

Last word - honest!

Thanks for your interesting comments, and I will let you win this as you taught me about Management of Health & Safety at Work Regulations. :beer:

patman99

One small observation here. The OP didn't mention if they went to receive treatment from the works First Aider, and if the relevent entry was made in the First Aid Incident Book.