Injured at work

Retford_Red

Hi,
My partner works in a shop, behind the counter area there is a doorway leading to the kitchen / stock room. There are 2 steps down to the kitchen, and because stock is kept in there, it is a room that is accessed by the staff quite frequently during ther shift.

The owners are constantly telling the staff to switch the light off in the kitchen / stock room and often come into the shop with the sole purpose of switching it off themselves and telling the staff off for leaving it on. The reason they dont want the light on is purely to save money on electricity.

Last week at the start of one of her shifts my partner slipped down the 2 steps leading into the unlit room and fell to the floor, badly aggrivating her neck / upper back area. After 2 days if being in serious pain and experiencing severe restriction in upper body movement we were advised to go to A and E, the verdict was to continue with the strong pain relief, get some physiotherapy and rest while the bruising in her neck goes down, which is expected to take 2 to 3 weeks.

As well as being in extreme discomfort she is worried about having to live on statutory sick pay for the next few weeks, while her employer insists they are not at fault in any way for this incident, despite the fact that my partner, and other members of staff, have expressed their concern to the owners on many occasions about the health and safety implications of their obsession with turning the light off.

Has anybody else had a similar experience and can offer any advice? We dont really want to go down the route of getting solicitors involved and making an accident at work claim unless we have to. The minimum we expect however is for her employer to pay her in full rather than just SSP while she recovers, and to allow the staff to leave the light on so that this can be prevented in future.

Do you think this is reasonable? If its relevant, the light switch to turn the light on is actually about 15 feet away from the entrance to the room. And low and behold, another member off staff today informs us that the owner came over again today and switched the light off during her shift!

Thanks in advance and sorry for the long post.

McKneff

To be honest, if you are going to fall down some steps, youre gonna fall down them whether the light is on or not.

Presumably the steps are lit anyway from the shop lighting, if as you say there are only 2 steps.If she had fallen over something in the darkened room, it would have been a different matter.

Not sure that she has a leg to stand on to be honest. (no pn intended)

whitewing

If the light switch is 15 ft inside the room, then I personally think the light should be left on while there are people on the premises.

withabix

The employer is obliged to have a written Risk Assessment in place, specific to the place of work.

If it is possible to fall down the steps due to their location, this should be covered in the Risk Assessment.

As them for a copy!

Also, this IS a RIDDOR, as the employee is unable to return to THEIR NORMAL WORKING DUTIES for 7 days or more.

Ask the employer when they are planning on reporting it to the HSE (and don't forget you want a copy). They are obliged to do this BY LAW.

ohreally

Retford_Red wrote: »

If its relevant, the light switch to turn the light on is actually about 15 feet away from the entrance to the room.

The ACoP for workplace lighting states (para 59)...

Light switches should be positioned so that they may be found and used easily and without risk

PUWER states

Every employer shall ensure that suitable and sufficient lighting, which takes account of the operations to be carried out, is provided at any place where a person uses work equipment.

http://www.legislation.gov.uk/uksi/1992/2932/regulation/21/made


Lighting levels can be found in BS EN 12464-1 2002

http://www.arca53.dsl.pipex.com/index_files/lightlevel.htm


The owner may wish to think again re his liability.

paddyrg

ohreally wrote: »

The owner may wish to think again re his liability.

And may also consider low-energy bulbs a sound investment!

bobsyourteapots

try contacting a solicitor. I contacted mine after falling on some oven grease and I have just had a lovely letter come through with my compensation amount! I said from the very beginning if I could cover my wages that I lost then I would be happy and they've given me an "allowance" for the expenses I had for my accident like pain relief, taxi's because I couldn't walk to work etc.

TrickyWicky

Sounds to me like a compensation claim may be in order here. I don't think they'll have much of a defence personally.

Takeaway_Addict

Agree that it seems that you would have a claim. However, whilst its a small chance I hope she has worked there over 1 year because if not and if the employer is vindictive she may get her marching orders for some benign reason which you won't be able to do anything about.

Most employers are good but just be aware there is a small % that will take revenge for claims.

Retford_Red

Thanks all for the replies.
Yes Takeaway_addict, shes worked there for over 10 years!

C_Mababejive

She should contact her union for initial legal advice.

I feel that in the circs you describe,it would be reasonable that the area be permanently lit during working hours and that costs could be mitigated either by having low energy lighting and/or a motion sensor to activate lights when required.