Accident at work - not impressed!

Orville

SueC wrote: »

Has the whole world lost track of the fact that accidents can happen and that it doesn't necessarily have to be someone else's fault?

Earlier this year I accidentally tripped over something and broke my arm. This was in my own home. There was no-one to 'blame' other than myself - I wasn't looking where I was going. I took the following day off work so I could go to hospital, have it x-rayed, strapped up etc. The next day I went back to work. No, I couldn't work at full capacity with only one working arm, and yes I had to rely on the generosity of my colleagues to give me a lift backwards and forwards. Nevertheless, I went in and did what I could. I was grateful to receive my full pay despite the fact that I wasn't working to my normal capacity.

Had I accidentally tripped over something at work and broken my arm there, why would it have been my employer's fault/responsibility?

Well not knowing the law muself on this i would say yes it would be their fault/responsibility as they have a duty of care to all employees. If they haven't bothered doing a risk assessment and a person is injured i would have thought it would be down to them yes.

Just my opinion though..!:D

tizerbelle

Health and Safety isn't the sole remit of the employer though. Employees also have a duty of care responsibility for their own health and safety and that of their colleagues.

IMO, this is 6 of one and half a dozen of another - however I do find it hard to believe that the OP really believes it's the employers fault that they did not look where they were going.

mazza1970

Duncombe wrote: »

You're having a week+ off work for a broken little toe?!

My thoughts exactly. I broke my little toe at the beginning of January but still made it into work - even through all that snow we had too!

dickydonkin

tizerbelle wrote: »

Health and Safety isn't the sole remit of the employer though. Employees also have a duty of care responsibility for their own health and safety and that of their colleagues.

IMO, this is 6 of one and half a dozen of another - however I do find it hard to believe that the OP really believes it's the employers fault that they did not look where they were going.

Completely missing the point.

You are correct in stating that there is a duty of care required of the employee - this is stated in H&S law.

However, there is a duty of care on the employer to provide a safe place of work. It is quite obvious that there are issues with restricted space in this case and where employees have to work in such confined areas which are possibly in breach of welfare regulations, then the employer has failed to provide a safe place of work and any injury sustained in such circumstances will likely result in a claim - or with a serious injury or incident - enforcement or prosecution.

This is not me being 'sad' as previously accused - but is fact.

I don't make the laws - I only attempt to interpret and apply them to prevent injury to workers and reduce the risk of litigation.

I suspect many posters on here are trivialising this incident due to the relatively innocuous environment - but what if the injured person had tripped and cracked her head on a piece of furniture? It happens - more frequently than you would think.

Whether the place of work is a small office or a large petrochemical refinery, the same laws apply and despite many posters suggesting the injured person should have looked where she was going, the reality is that the likely main contributing factor to this incident was a restrictive environment with no suitable or congested walkways.

maninthestreet

I broke my little toe a few years ago at home by stubbing it on a door frame. It didn't stop me doing my desk-bound job in anyway.

tizerbelle

dpassmore wrote: »

Completely missing the point.

Actually, no it's not. If OP and colleagues were as concerned about the situation before she hurt her foot, why didn't they speak to HSE about it or depending on who they initially asked about the risk assessment, why didn't they raise it further within the company until they got an answer.

OP was very quick to "google" after the fact to find evidence to say it was all the employers fault but it would appear not one of the employees could be bothered to do anything before the fact. If they were that concerned, surely they would have done.

Don't forget they moved into this office over 6 months ago and it is apparent they didn't want to in the first place so I get the impression its been a great thing for them to have a whinge about in that time and moan that nothing's being done - they should have done something about it if nothing was being done rather than just !!!!!ing and saying "it's an accident waiting to happen".

dickydonkin

tizerbelle wrote: »

Actually, no it's not. If OP and colleagues were as concerned about the situation before she hurt her foot, why didn't they speak to HSE about it or depending on who they initially asked about the risk assessment, why didn't they raise it further within the company until they got an answer.

OP was very quick to "google" after the fact to find evidence to say it was all the employers fault but it would appear not one of the employees could be bothered to do anything before the fact. If they were that concerned, surely they would have done.

Don't forget they moved into this office over 6 months ago and it is apparent they didn't want to in the first place so I get the impression its been a great thing for them to have a whinge about in that time and moan that nothing's being done - they should have done something about it if nothing was being done rather than just !!!!!ing and saying "it's an accident waiting to happen".

The likely reason they did not wish to move offices is because of the restrictive and unsuitable environment they were moving into.

The reality is that the duty owner should have risk assessed the premises BEFORE or at least at the onset of work commencing in the new office.

Look - you can argue this until you are blue in the face but based on the OP's post, the employer has not fulfilled his legal requirement - end of!

As I stated earlier, there is likely a breach of H&S legislation on at least two counts namely the Health & Safety Welfare Regulations in respect of restricted space and the Management of Health & Safety regulations which would cover the risk assessment (or lack of it in this case).

If the OP had been fooling around in the office then there could be an element of contributory negligence, however, as it seems the OP has ben injured during the course of her work, then she is entitled to claim for her injury.

It would be interesting to know if an accident investigation has been carried out and to what was the underlying cause of the accident.

Actually, no it's not.

Actually, yes it is.

I have investigated and compiled accident reports on similar incidents and in the majority of office based incidents, it is usual to discover that poor housekeeping, ergonomics or restricted working areas/poor/congested walkways are are significant factor into such accidents.

MsHoarder

All those criticising the OP for "not looking where they were going" clearly have never worked in a cramped office. At my desk if both I and the person behind me lean back on our chairs we butt heads, and we're in the middle of a row. This means that about 10% of the time I trip over a chair/have one backed into me whilst getting out from my desk, despite always being careful about where I stand.

Chairs are moved around in the office, and its difficult to never walk into one when getting in and out of a cramped desk space. Also classrooms etc are different as the teach generally tells the class when to enter/get up/leave: you don't have constant churn of people moving in and out all day.

A_nice_fellow

dpassmore wrote: »

Well thanks for that!

At least get my name right.

I have been called worse, but let me add that if I am sad enough prevent people getting hurt at work, then I can live with that.

Maybe your mindset would change if any of your family were killed or injured at work.

You would then maybe ask where the 'saddo' was that could have prevented the accident in the fiirst place.

Methinks you read the Daily Mail too much!

I think you read the guardian too much

dickydonkin

A_nice_fellow wrote: »

I think you read the guardian too much

You think wrong - nothing but the Daily Star for me!