Can they sue ?

Darlyd

Out of curiosity a carer was caring for a lady by herself (client just came out of hospital, before going in she used to be cared for by 2 carers, different company) paid for by social services. 4 half hour calls per day, pad change, wash, food some shopping (sometimes) and general tidy/hoover.

This said carer was caring for her on her own due to the company saying that social services were declining another carer being sent (funding), so this client was stuck in a chair 24/7 and the carer had to use her own strength to lift client out of chair and clean her, plus the chair and assist client onto commode right next to chair.

This carer has niggly back pain during this time. Carer managed to get a doctor to refer client to a nursing home but sadly nursing home sent her to hospital as she was very ill, she ended up passing away. carers pain was so bad she had time off work, MRI confirmed she slipped a disc and was in agony and off work for 6 weeks or so but still get pain even 6 months later. (carer left that job 6 weeks or so after going back from sick due to their negligence)

Would there be grounds to sue? Sue social services or the actual care company?

Hope I made sense..

floss2

Was the work she was doing what she was supposed to be doing? i.e. if her contract / job description were requested, would it say "lifting / manual manoeuvering of clients"? Also, was she given any safe lifting training?

rachbc

Did you, I mean she, request a hoist? At any time tell the employer you were suffering back pain?

H&S is the responsibility of the employee as much as the employer - if they have ignored good practice guidelines or not reported issues then the employer isn't liable. The employer would only be negligent if they didn't train the carer in safe lifting or told her to do something they knew was unsafe.

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Nicki

Was there a history of back pain beforehand?
How long ago did the injury occur
Was carer trained in safe lifting
Was all available equipment used/ used properly
Were employers made aware of the issue
Was a risk assessment done

It's a complex issue. You need to prove a link between the care and the injury, negligence on the part of the employer and no negligence on the part of the carer, and make a claim within the correct time frame. You'd be better getting the claim assessed by a professional rather than taking Internet advice. Personal injury claims are usually no win no fee, including initial assessment, so no reason not to get real advice on this.