Serious injury at work - what next?

Uncertain

Googlewhacker wrote: »

The fact he was awarded anything for using a machine that he knew and admitted he was not authorised to use is a disgrace (presuming he wasn't told to use it by the employer).

Absolutely barmy.

Sweeping statement when you don't know the circumstances.

It could be that the machine was faulty or inherently unsafe and likely to injure whoever used it.

It could be that the machine was regularly used by untrained staff or that unreasonable pressure was being put on getting the job done even when a trained person was unavailable.

The fact that the award was reduced would suggest there was some fault on both sides.

dickydonkin

Uncertain wrote: »

Sweeping statement when you don't know the circumstances.

It could be that the machine was faulty or inherently unsafe and likely to injure whoever used it.

It could be that the machine was regularly used by untrained staff or that unreasonable pressure was being put on getting the job done even when a trained person was unavailable.

The fact that the award was reduced would suggest there was some fault on both sides.

Uncertain - you are spot on with all of the points you have raised.

1) One of the procedures involved having to remove a fixed guard that protects concealed rotating parts. To calibrate this equipment required the removal of this guard - it cannot be done any other way. It was during this process the injury occurred. One element of my accident report highligted a design flaw in the equipment and the HSE inspector agreed - so much so they sent an inspector to the machine manufacturers factory.
This is still an ongoing problem as I know that another company was prosecuted last month where an operator lost a finger on the same piece of equipment.

2) Again - spot on. Due to production requirements, undue pressure was placed on operators which resulted in frequent 'Routine Violations' - short cuts!

3) Yes - there was fault on both sides - hence the reduced award.

It is perceived that generally, the HSE will try to prosecute after a serious injury - even when the employer has seemingly implemented controls to reduce or eradicate any foreseeable risk, however, when human factors enter the equation, that is where the unpredictable element causes problems when trying to reduce the risk to an acceptable level.

This incident highlights where a company had sufficient controls in place - and were prosecuted despite the workers deviating from safe working practices. The company won the appeal.

System

Sambucus_Nigra wrote: »

However, if something needed doing and it was a two person job, why did the employer not make sure two trained people were on site ready to complete the job?

Was the employer aware that it needed doing or was the other person exceeding his job spec and doing when not authorised. Too many questions and not enough answers for anybody here to even attempt to apportion blame, HSE investigation should get the full story and take any relevant action.

ILW

Is it possible it was just an accident?

kev_min

ILW wrote: »

Is it possible it was just an accident?

In this crazy country there is no such thing as an accident anymore:mad:

Sambucus_Nigra

!!!!!! wrote: »

Was the employer aware that it needed doing or was the other person exceeding his job spec and doing when not authorised. Too many questions and not enough answers for anybody here to even attempt to apportion blame, HSE investigation should get the full story and take any relevant action.

Yes I know. Hence showing both sides of the story [one of which you conveniently didn't quote].

AdmiralX

Uncle_Cuddles wrote: »

My brother was seriously injured at work a couple of weeks ago. He maintains public grounds (cemetries usually weeding, cutting grass and clearing rubbish). He was asked to help lift a fallen gravestone by a colleague, which is not his job, but being the helpful sort he did. As far as I am aware, they had all the correct equipment (ropes, bars and winches, etc), but something went wrong and a metal bar which he was using to lever the gravestone basically hit him in the mouth, knocking out virtually all his teeth, virtually tearing off his lip. He needed many stitches inside and around his mouth. He can't remember the accident or how it happened. He has been off work since as he is still in a lot of pain, and he is thoroughly depressed because he doesn't know if he should try to claim compensation because he doesn't want to lose his job. His work is trying to make out it was his own fault because he should not have been there and witnesses say he did not "brace" enough when he was told to (he can't remember this). He is not in a union and is not sought any advice.

I am loath to suggest he just goes to see a no win no fee solicitor, but I can't think of anything else. He needs to at least get his teeth sorted.

Thanks in advance for any advice!

Normally this is under H&S law and HE SHOULD REPORT IT TO THE POLICE and Health and Safety Executive http://www.hse.gov.uk/contact/ quite a lot on this site..
as accident at work and negligence is criminal offence now . The guys above will tell you what to do.

System

AdmiralX wrote: »

HE SHOULD REPORT IT TO THE POLICE

Only applies in cases of fatality, HSE are quite capable of prosecution in other cases

AdmiralX

Notmyrealname wrote: »

Why should he report it to the police? What crime has been committed?
.

because the OP said his bro suffered a a serious injury and not a 3 day off work incident, he was some weeks off work and said his memory was affected.

If there is an accident connected with work and:
Your employee, or a self-employed person working on your premises is killed or suffers a major injury (including as a result of physical violence); or a member of the public is killed or taken to hospital; you must notify the enforcing authority without delay.


Whether this is negligent and criminal it is only the job of an appropriate court to decide. All accidents should be reported but depends on the type of accident where.

There is more here:
http://www.hse.gov.uk/search/results.htm?q=reporting+accidents&cx=015848178315289032903%3Akous-jano68&sa=Search&cof=FORID%3A11

maninthestreet

AdmiralX wrote: »

because the OP said his bro suffered a a serious injury and not a 3 day off work incident, he was some weeks off work and said his memory was affected.

If there is an accident connected with work and:
Your employee, or a self-employed person working on your premises is killed or suffers a major injury (including as a result of physical violence); or a member of the public is killed or taken to hospital; you must notify the enforcing authority without delay.


Whether this is negligent and criminal it is only the job of an appropriate court to decide. All accidents should be reported but depends on the type of accident where.

There is more here:
http://www.hse.gov.uk/search/results.htm?q=reporting+accidents&cx=015848178315289032903%3Akous-jano68&sa=Search&cof=FORID%3A11

...but it's not the police he should be reporitng it to, is it?