Injury at work - work not convinced

jkkne

Hi all.

(Can I firstly say this is not edging towards a personal injury claim or compensation claim at all)

My youngest daughter has been working at a well known retailer for a few months now. Last week she was knocked out when something fell from a high shelf and hit her. It took place in a stockroom with no witnesses. She was seen by a first aider and driven to a walk in centre. She collapsed when she was there and was taken to the A&E by ambulance. She was released later that night into my care and given instructions to fully relax and take ibuprofen

She has a severe concussion and is suffering from dizzy spells, loss of balance and is in a lot of pain (which the consultant said was expected) but she's ok, which is the main thing.

She obviously can't work in her current condition and now her workplace are being rather sceptical about the incident happening and have indirectly accused her of 'making it up'. She came off the phone in near tears about it this morning.

I'm really angry but don't know what to do, I don't want to undermine her by ringing up and being an angry Dad. She has no union to go to

IS there a burden of proof attached to her? I could understand if she was suing but she loves the place and has no intention.

SarEl

They are probably covering their backs - or trying to do so - in case she does sue! If she isn't going to...

Perhaps the better part of valour is for her to "mention" when she phones in to speak to a manager (like find a reason!) that she isn't. It may make all the unpleasantness go away. Sort of "I was just phoning, I know I sent in my sick note but I wanted you to know personally, I'm still feeling really bad, the doctor said I might be back in next week, it was just damned bad luck and I'll probably laugh about it next year, but I suppose these things happen, not to worry... looking forward to being back in work" - or words to this effect. If she isn't going to, then there is no point having the stresses and strains there that she might - and with no real evidence it'd be rather pointless trying I suspect, anyway.

dickydonkin

From a Health & Safety perspective, that type of incident is deemed as a 'Major Injury' and as such is reportable under Riddor regulations by virtue of the OP's daughters accident resulting in unconsciousness.

If the OP's daughter has been off work for more than three days (not including the day of the injury) it would be reportable anyway.

Incidentally, the 'over three day injury' in resect of RIDDOR will change in the spring to 'over 7 days' and the time scale for reporting under the regulations will change from 10 days after the incident to 15 days.

The OP's daughter really should fill in the accident book as well - as the incident obviously ocurred at work - irrespective of whether there were witnesses or not.

Incidents like this really annoy me when the employer goes 'all defensive' instead of addressing their obvious H&S shortcomings - all too frequent an occurrence nowadays.

OP - Make sure your daughter fills in the accident book as soon as possible - and ensure that there is reference to the employers first aiders treating her injury on site.

I hope she feels better soon.

geri1965_2

Have they spoken to the first aider? Hospital records will confirm her visit anyway and how the injury was reported to them, so there is proof if needed.

SarEl

geri1965 wrote: »

Have they spoken to the first aider? Hospital records will confirm her visit anyway and how the injury was reported to them, so there is proof if needed.

Not proof of liability - that is what they will worry about. An accident at work and an accident caused by work are different.

dickydonkin

SarEl wrote: »

Not proof of liability - that is what they will worry about. An accident at work and an accident caused by work are different.

But an accident caused 'Out of, or in connection with work activities covered by the HASWA' must still be reported under RIDDOR regulations.

Liability is an issue that would need to be determined later.

Forgot to add:

Any company that takes its H&S seriously would investigate as to why one of their employees was injured while in their employment - completing a RIDDOR form requires a basic report as to what happened and what the employer is going to do to prevent a recurrence.

Many employers are reluctant to report under these regulations as potentially, they may attract unwanted attention from their relevant enforcing body - they do that at their own peril.

As an aside, out of all the accidents and injuries I have had to investigate in the workplace, I can recall only one instance where the employer was not totally or partially liable.

Bradden

Well said dickydonkin - you clearly know H&S!

Many employers are reluctant to report - or are simply ignorant of the requirements. Luckily I work for a company with a strong ethical code. We recently had an incident which although legally was non reportable we reported anyway as we felt we had a moral obligation to do so.

SarEl

dickydonkin wrote: »

But an accident caused 'Out of, or in connection with work activities covered by the HASWA' must still be reported under RIDDOR regulations.

Liability is an issue that would need to be determined later.

Forgot to add:

Any company that takes its H&S seriously would investigate as to why one of their employees was injured while in their employment - completing a RIDDOR form requires a basic report as to what happened and what the employer is going to do to prevent a recurrence.

Many employers are reluctant to report under these regulations as potentially, they may attract unwanted attention from their relevant enforcing body - they do that at their own peril.

As an aside, out of all the accidents and injuries I have had to investigate in the workplace, I can recall only one instance where the employer was not totally or partially liable.

I agree with you entirely - I am not disputing how an employer ought to act in relation to an accident that occurs at work. However, I ought to point out that we actually have no evidence that the employer hasn't acted properly in this regard either.

I have restricted my comments to what the OP actually said was the problem faced - the young woman in question does not want to sue or take the matter further, she loves her job and has only been there a few months and wants to remain there. Her concern therefore, whether we agree with it or not, is not whether proper reporting procedures have been followed, or whether she can establish liability for the accident - it is to ensure that her employers do not take action that she will regret as a result of what they think she might claim. It may not be what we personally think she ought to do, we may think that she should be concerned to ensure that reporting procedures are followed, we may think she should be compensated - she doesn't, she just wants to keep her job, and that is her concern.

vax2002

Her right to seek compensation is reserved, she can refuse to answer questions on the matter.
She should just send in sick notes until she is well to work and not worry about what the **** company does, they will do it anyway, she is a passenger.
If they sack her, she should go for the jugular and sue.
This is the only language these people understand.

kazwookie

I agree with dickydonkin, and would also add as her dad, you should make sure the accident book is filled in and the relevant Riddor is done, I would also ring up the local council and ask for the H & S office and have a 'chat' about this.

Hope your daughter recovers well

dickydonkin

SarEl wrote: »

I agree with you entirely - I am not disputing how an employer ought to act in relation to an accident that occurs at work. However, I ought to point out that we actually have no evidence that the employer hasn't acted properly in this regard either.

I have restricted my comments to what the OP actually said was the problem faced - the young woman in question does not want to sue or take the matter further, she loves her job and has only been there a few months and wants to remain there. Her concern therefore, whether we agree with it or not, is not whether proper reporting procedures have been followed, or whether she can establish liability for the accident - it is to ensure that her employers do not take action that she will regret as a result of what they think she might claim. It may not be what we personally think she ought to do, we may think that she should be concerned to ensure that reporting procedures are followed, we may think she should be compensated - she doesn't, she just wants to keep her job, and that is her concern.

You are absolutely right of course.

What is galling about this (for me anyway) is that the OP's daughter seems to be a very conscientious worker and obviously likes her employer, who (probably through no fault of her own) has suffered an injury at work.

It is a shame that the employer does not show the same committment and duty of care to the OP's daughter as it seems they have gone into denial.

I don't agree with the previous poster in respect of refusing to answer questions on the matter - indeed, she would arguably have a legal obligation to 'cooperate with her employer to comply with their statutory requirements'. By not providing details in any subsequent investigation or RIDDOR information would not help her cause IMO.

Furthermore, not providing information would not allow the employer to rectify the problem - although I have to concede that in this situation, they probably won't do anything anyway - and it seems the employer is going to get off lightly.

It is refreshing to see that someone who potentially may have a genuine claim for an injury sustained at work is not popping down to their local 'No win No Fee' office and to be quite frank OP - Your daughters employer do not deserve her!

But as I mentioned earlier, make sure she fills in the accident book - as I suspect that this will also be a requirement of this lousy employer's T&C's and who knows how she may feel in the future in respect of claiming? - or indeed (hopefully not) there me be a lasting consequence of her injury.