Injury at work!

gunman786

Hi, i work for a big company and had a horrible injury yesterday which will sound kind of funny explaining it.

Basically, i entered the washroom dept which happened to be very wet and slippery with chemical mixtures on the floor. The department manager was cleaning out tubs and slipped really bad, then came along a colleague who tried to pick the manager up but too fell down and then i also attempted to rescue them but suffered the same fate. This may sound funny but is serious as we all fell onto a corrosive chemical mixture which burnt our rear end.

We made a visit to the local hospital and they had a laugh at our expense and said that we should treat the injury with copious amount of water and should go away after a week.

However, i have been feeling somewhat ill as a result of it as the burning sensation caused dear stress as i went to cleanse the wound after 30 minutes of its happening. I feel like i've had a high blood pressure due to this poor blood circulation.

The wound has turned red and sticks to my garments as well really bad.

I was actually quite appaulled by the company's approach to this whole event by trying to make nothing of it. The nurse at the hospital said we should go home and rest, but suprisingly the department manager who also sustained an injury like mines said that we could go back to work if we wanted. When my other colleague mentioned if we would be paid for the remaining time not worked he immediately diverted the discussion.

We decided to go back to work for the remaining two hours of the shift and had the injury logged onto the accident book. Here the other senior managers joked of the incident and made nothing of it.

I seriously think i have a right to some sort of compensation, we have video footage of the incident, along with our physical visible injuries. So my question is how would i go about this route?

dickydonkin

You will be able to knock the smile off the senior managers face when you submit an injury claim.

First, you will need to ascertain if there is a COSHH risk assessment for the chemical(s) that made contact with your rear end. I wonder if there is one in place.

It needs to be a proper COSHH risk assessment - not just a copy of the material data sheet (which many people believe constitutes as a COSHH assessment) - which it doesn't!

Some advice for others in similar circumstances - if you are affected by chemicals at work and need medical attention, always try to take the label or the material data sheet for that product to the doctor/hospital as it will provide the toxicolgy information that will save time.
Very important to be aware of these of course and where they are located.

Were you provided with training and information on the chemicals you would likely come into contact with? If not - you should have been.

I also wonder if there was a risk assessment for the task being undertaken i.e. - cleaning out the tubs.

It seems that the material(s) were of a viscous nature due to everyone slipping which should have been identified as a foreseeable hazard. Due to the fact that chemicals are spilled on the floor also suggests an improper (or no) safe system of work. If a suitable risk assessment was in place, a subsequent safe system of work should have been formatted from the identified risks.

As you last line of defence of injury - it is apparent that you were not provided with impervious clothing and suitable hand protection -if you were, there would have been no skin contact. Anti slip treads on boots would seem to be a requirement as well, however, it would be better to prevent the spillages in the first place.

Your workplace certainly seems to have a disregard to the handling of chemicals - If you submit an injury claim, maybe attitudes will change!

I feel like i've had a high blood pressure due to this poor blood circulation.

HBP does not show symptoms, however, you could be having an adverse effect if the substance has entered your bloodstream via absorption through your skin. I would suggest you seek more medical attention before you see a claims lawyer - and take the material data sheet with you.

gunman786

Thank you for the informative advice. Sorry i am unaware about how to go abouts doing this. So do i get the injury form from the company itself, and do i simply ask them also whether they have COSHH in place and put all the results down onto the claim form along with any medical diagnosis checked by my gp all at the same time?

Googlewhacker

I just want to check, how long have you worked for the company (hopefully over 12 months)?

gunman786

No, less than a year (approx 6 months). I am a casual worker, working on average 3 days per week.

Googlewhacker

gunman786 wrote: »

No, less than a year (approx 6 months). I am a casual worker, working on average 3 days per week.

Ok, just be prepared that if you put a claim in then they may take retribution by dismissing you and you would not be able to take them to an employers tribunal unless it was obviously discriminatory (in the eyes of the law).

You get greater employment protection after 1 years service.

gunman786

yes that has been a big concern of mines to be dismissed by such a circumstance that was through no fault of mines.

such a cruel world.

Thank you guys for the advice, appreciated.

MrRedundant

You also need to establish neglience on the employers behalf.
Accidents happen.

What is your role? Does it involve this room or chemicals in anyway? If so what training had you had? What is the companies procedure in an incident such as this.

I would be very surprised if any policies state that staff should assist those incurring an injury or accident in this way and instead would prompt calls to emergency services or similar thus I suspect you will find any injury claim laughed out of court.

As for pay etc. It would be treated as any other absence. If you dont get paid for absences you wont get paid. If you can establish neglience you could reclaim salary for these days but its likely you would have to support this with evidence of lost and I somehow doubt your employers will be supplying you with evidence of the lost hours.

Lets not get onto the dismissal angle.

It was an accident. Get it recorded and ensure any shortfalls in H&S are addressed and move on.

dickydonkin

gunman786 wrote: »

Thank you for the informative advice. Sorry i am unaware about how to go abouts doing this. So do i get the injury form from the company itself, and do i simply ask them also whether they have COSHH in place and put all the results down onto the claim form along with any medical diagnosis checked by my gp all at the same time?

By virtue of the fact you are not aware of any COSHH assessments could suggest you were not informed that one exists, however the reality is that there may not be one.

You should have been provided with training and information on the substances used and an element of that training should have indicated any risks associated with that product highlighted in a COSHH risk assessment.

Obviously, if none exists and you have not received any training, then the company have certainly failed in that respect.

I also wonder if a similar incident has occurred previously.

Based on the information in your post, there seems to be a degree of negligence, however, I would certainly seek professional legal advice as a lawyer who regularly deals with such claims will be able to offer more comprehensive and accurate advice based on any actual evidence you have in your posession.

I would urge you to get yourself checked out in case your body is having an adverse reaction to the chemical(s).

I would be very surprised if any policies state that staff should assist those incurring an injury or accident in this way and instead would prompt calls to emergency services or similar thus I suspect you will find any injury claim laughed out of court.

Wow - I hope I never work in the same place as you if I need assistance following an injury - what would you do - leave colleagues to die until the ambulance arrives?

I agree where someone has contact with electricity for example can potentially create a risk of harm to any 'rescuer' but I would not see anyone 'frying' while waiting for an ambulance.

Your points highlights perfectly the training aspect and the importance of risk assessments. If both are in place then colleagues know what they are dealing with and how to respond appropriately. It is those aspects that potentially renders the employer negligent.

I can also assure you that (based on the information given) this will not be laughed out of court.

gunman786

You are right, i have had no training of any chemical usage or given any warnings of their risks.

Definately looks like a case of negligence.

I will book an appointment at my GPs tomorrow to further this matter as much as i can.

MrRedundant

gunman786 wrote: »

You are right, i have had no training of any chemical usage or given any warnings of their risks.

Definately looks like a case of negligence.

I will book an appointment at my GPs tomorrow to further this matter as much as i can.

How does it?
What is your role? how does it involve chemicals or that room?

Going to answer or just avoid the question?