Where would you legally stand after being hit at work?

Sambucus_Nigra

And presumably you were standing in a driving area, unless he was driving in a pedestrian zone; so from his point of view a staff member was stood in the middle of the yard, saw me drive on and didn't even step out of the way. I now have 2 dents in my bonnet from where he lent on my car and glowered at me and I want compensation....

marywooyeah

ohreally wrote: »

HaSWA
DUTIES OF EMPLOYERS
Section 2(1)
Employer must protect the HS&W at work of all their employees &
Provide safe place of work
Section 2(2)e

MANAGEMENT OF HEALTH AND SAFETY AT WORK REGS 1999
Regulation 3 Risk assessment (significant risks to be recorded)

THE WORKPLACE (HEALTH, SAFETY AND WELFARE) REGS 1992
Regulation 17 Organisation of traffic routes

thankyou, I am aware of the law on employers liability towards their employees, but in this circumstance do not see how his employer fits into it as someone driving a car into the OP is above and beyond any control of the employer.

ohreally

marywooyeah wrote: »

but in this circumstance do not see how his employer fits into it as someone driving a car into the OP is above and beyond any control of the employer.

Was there adequate demarcation on traffic routes between pedestrians and vehicles?

Was the customer authorised to be in the area of collision?

Has there been previous similar incidents, if so what was the outcome?

More information required before the employer is off the hook.

mountainofdebt

Personally I think you were being bloody minded in not getting out of the way but given that wasn't the question, you'll probably ignore that pov anyway.

As for your employer's legal position, all they woul have needed to pay you in SSP and you would have to claim loss of earnings from whoever hit you.

getmore4less

Next time roll of the bonnet in a heap in front of the car,

wait.


It probably should have been put in the incident book, in case the punter claims damage to the car.

Bev._2

I'm aware of what should go in the incident book & reporting near misses etc. I wasn't hurt so i didn't bother reporting it beyond my line manager.

As for similar incidents, there's nothing like this case, but we have had customers trying to drive into zones that are shut off to customer vehicles, only for them to basically drive into bollards & want compensation as a result of it. They get told (by the boss) to basically jog on. If you try and fit a 6 foot wide item through a 3 foot wide gap then you're asking for trouble.

Yes there are speed limits. They are never ever stuck to. We have customers who must be hitting 30-40mph as they zip into the yard. The limit is 5mph.

Did the customer have permission to be where they were? No. They just drove there.

Were they in a driving or pedestrian zone? This is iffy as the boundaries aren't clear at all. It's just "accepted" that customers & staff can go wherever they like, except for the areas which have bollards that physically stop cars going down.
Technically, you should check in with the first line of the yard which is the chap on the entrance, but not many customers do this & it's not something that is policed at all, nevermind very well.

The boss only gets "involved" as such, when something goes "wrong".

Yes you are correct, i was not going to move, i will freely admit, i was being stubborn, but that's not the point here now is it.

I've not come in saying, hey members of MSE, i've been hit, how do i get compensation (or similar). No.
I'm just asking a what if scenario.
I know i could've moved sooner. I didn't expect him to hit me, but yes i could've moved sooner. Again, it's not the point. If you're driving towards someone, you stop before you hit them, simple as!

How many of us have driven through town, only for a group of cocky teenagers to slooooooooooooowly walk across the road just to make you come to a stop? And do you stop or do you hit them? They're acting up, as i admit i was, but do you hit them & say oh it's all their fault?

No, you don't! And there is absolutely no difference here. I'm not saying i was faultless, but people seem to be sticking on this when it's not the issue.


If the customer wanted to put in a claim, then like those who hit the bollards - i can guarantee you right now they'd be told to jog on. Especially with the witnesses.


Think that's answered everything. Sorry if i've missed anything.

mountainofdebt

So you would rather have been hit by the car to prove a point than to have got out of the way ?

Idiot

Bev._2

mountainofdebt wrote: »

So you would rather have been hit by the car to prove a point than to have got out of the way ?

Idiot

Did i move?

There's your answer.


In case you can't be bothered reading, the answer is yes, and therefore your answer is no.

I love how some people are sticking on a point which is far from the question here. What does that achieve?

mountainofdebt

Your question has been answered - your employer would have paid you SSP and then as part of the compensation claim against the negligent party, you would have claimed for loss of earnings.

Personally though if I heard a car beep then I stand to the side regardless of whether the car should be there or not

SarEl

Oh for God's sake give it up. "What if's... " are irrelevant. What if a flying saucer scooped you up in the nick of time - are your employers responsible for your alien abduction?

Car driving towards you - get out of the !!!!ing way!!!