Injured but want to carry on.

rockstarpete

Hi all, I'm after a bit of advice.
A couple of days ago, I fell over and broke my wrist during the course of my duties at work (I'm a lorry driver). Obviously I can't carry on my normal duties as I'm going to be in a cast for the next six weeks, but can't afford to live on SSP.
Other than the fact that my wrist is in a cast, I'm fit and well and willing (and want) to work. Where do I stand legally? The consultant at the hospital has stated that I am fine for 'light duties' as long as no lifting is involved, does my employer HAVE to find me something to do, or can he just say there is nothing to do and leave me out in the cold?
Thanks in advance.
Pete.

colino

Unfortunately your docs fit to work advice can be entirely ignored by your employer. Ask them if they can find you something, but they may have a blanket insurance policy that prevents them from doing so.

Notmyrealname

How did you break your wrist? Just asking because if you were getting onto and off the back or side of a trailer without steps then the employer is in breach of H&S. If you were doing what I've done countless times and were teetering on the edge of the trailer floor whilst trying to strap down a load, the employer is in breach of H&S for not supplying sufficient equipment.

When I drove for Hygena, MFI got fined £10,000 per RDC by HSE for not having steps for the driver to get on and off the back of the box trailers.

InsideInsurance

If your consultant says you are fit for work then it is unlikely any insurance would countermand that.... after all a doctor, in theory, knows better than an underwriter. If this were the case then there would be issues with employers taking on anyone with a chronic condition or some form of "defect"

That said, to the best of my knowledge and employer isnt under any obligation to find you an alternative role to fill whilst you are unfit to do your normal role.

zzzLazyDaisy

InsideInsurance wrote: »

That said, to the best of my knowledge and employer isnt under any obligation to find you an alternative role to fill whilst you are unfit to do your normal role.

This is correct. Recommendations made on a Fit Note, are just that, and are not binding on the employer. You are employed in a particular role, if you are unable through sickness or injury to carry out those duties, the employer is not under any obligation to find alternative work for you.

If that means you are only entitled to SSP, it might be worth you heading over to the benefits board in case you are entitled to other benefits and/or to the DFW board, for advice on cutting down on your outgoings during this time.

The issue of whether the employer is at fault regarding your injury is a separate issue, but one which may be worth exploring, as some employers will continue to pay full pay if the reason for absence is related to an accident at work.

rockstarpete

I tripped on some loose shrink-wrap whilst helping to re-stack a pallet of boxes that had tipped over due to being on a broken pallet. It was in a customer's yard and one of the pallets I was collecting.
Would there be some grounds for a claim for loss of earnings? I don't really agree with he claims culture that is going on now, but like I said earlier, I want to work and can't afford to live on sick pay.

Thanks for your advice so far, it's pretty much what I thought but good to hear from people in the know

Takeaway_Addict

rockstarpete wrote: »

I tripped on some loose shrink-wrap whilst helping to re-stack a pallet of boxes that had tipped over due to being on a broken pallet. It was in a customer's yard and one of the pallets I was collecting.
Would there be some grounds for a claim for loss of earnings? I don't really agree with he claims culture that is going on now, but like I said earlier, I want to work and can't afford to live on sick pay.

Thanks for your advice so far, it's pretty much what I thought but good to hear from people in the know

If negligence can be proven yes but whether you sue the customer or your employer I'm not 100% sure. Phone a no wins no fee lawyer or if you have house insurance u maybe covered there so ask them.

zzzLazyDaisy

It sounds as you may have a claim for personal injury. In that case you would claim for pain/distress etc for the injury and loss of earnings.

You need to seek legal advice. If you have house insurance you may have legal protection which should cover claims for personal injury. Otherwise there are plenty of solicitors who offer 'no win no fee' in personal injury claims.

Is your employer aware of the circumstances of your injury, and did you follow the companyls accident reporting procedures (if any) at the time?

rockstarpete

Yes, I filled in the accident book and have a copy, I believe the accident book was also filled in at the customer's premisses the following day at my employer's request.

zzzLazyDaisy

In that case your employer is aware of the reason for your absence. They don't HAVE to help you financially, but they may be willing to. Speak to them.

Other than that, speak to a solicitor and find out what your rights are regarding loss of earnings etc.

dickydonkin

rockstarpete wrote: »

Yes, I filled in the accident book and have a copy, I believe the accident book was also filled in at the customer's premisses the following day at my employer's request.

As your injury is a fracture, then that injury by default requires your employer to report the injury under RIDDOR regulations - irrespective of where the accident occurred. This needs to be done withing 15 days of the incident. Just to add - fractures of fingers, thumbs and toes do not need to be reported unless such an injury renders the person unable to work for 7 days.

In regards of the trip, then potentially the owners of the premises where the accident occured may be liable in respect of not keeping their working areas free from tripping hazards, although as I can ascertain, it seems that the shrink wrap was off the pallet that had just collapsed so it could be argued that you could have removed the hazard before restacking the pallet.

Obviously you would need to pursue this through the appropriate channels providing all of the relevant information on the circumstances on how your injury occurred.

Notmyrealname wrote: »

If you were doing what I've done countless times and were teetering on the edge of the trailer floor whilst trying to strap down a load, the employer is in breach of H&S for not supplying sufficient equipment.

And potentially, you could be in breach of the very same legislation by undertaking an act that you know is dangerous.