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starlight94

Hi, sorry im new to this!

I had an accident at work and a lot of people are telling me to put in a claim for compensation but I really dont know how it works or if I have a case so was just wondering if anyone could offer me any advice?

--Ive edited this post as I felt it gave out too much info, thankyou for all the help I recieved though -

starlight94

Just to add, I was never given any health and safety training or manual handling or anything off this company, if that makes any difference!

jacques_chirac

Was the employer negligent in any way? From what I can see you chose to walk down the stairs with your hands full, surely you don't need training to tell you this is dangerous?

AcidHouse

Hi OP, Employers Liability went through a shake-up in the legal system last October to quell the 'compensation culture' - if you can't prove that your employer was negligent for the incident, then it's highly unlikely you'll be able to make a claim.

http://www.shoosmiths.co.uk/client-resources/legal-updates/Injuries-in-the-workplace-An-end-to-strict-liability-for-employers-6159.aspx

ohreally

starlight94 wrote: »

Just to add, I was never given any health and safety training or manual handling or anything off this company, if that makes any difference!

There is a traning standards code that applies to your work which states...

8.1.3 Know what you must and must not do in relation to general health and safety until you are competent
8.1.4 Know who to ask for advice and support about health and safety at work
8.2.1 Know why it is important to assess the health and safety risks posed by particular work settings, situations or activities
8.2.2 Understand how and when to report health and safety risks that you have identified

Why didn't you ask for training/ information before you were injured?

The code of conduct for care staff informs...

always ask your supervisor or employer for guidance if you do not feel able or adequately prepared to carry out any aspect of your work, or if you are unsure how to effectively deliver a task.

Re the 5 years of depression, did you inform your employer...

tell your supervisor or employer about any issues that might affect your ability to do your job competently and safely. If you do not feel competent to carry out an activity, you must report this.

ohreally

http://www.hse.gov.uk/riddor/specified-injuries.htm

https://extranet.hse.gov.uk/lfserver/external/F2508IE

starlight94

ohreally wrote: »

There is a traning standards code that applies to your work which states...

8.1.3 Know what you must and must not do in relation to general health and safety until you are competent
8.1.4 Know who to ask for advice and support about health and safety at work
8.2.1 Know why it is important to assess the health and safety risks posed by particular work settings, situations or activities
8.2.2 Understand how and when to report health and safety risks that you have identified

Why didn't you ask for training/ information before you were injured?

The code of conduct for care staff informs...

always ask your supervisor or employer for guidance if you do not feel able or adequately prepared to carry out any aspect of your work, or if you are unsure how to effectively deliver a task.

Re the 5 years of depression, did you inform your employer...

tell your supervisor or employer about any issues that might affect your ability to do your job competently and safely. If you do not feel competent to carry out an activity, you must report this.

Thankyou for the help

ohreally

starlight94 wrote: »

I had not had the required training, they I HAD asked for and informed them of

Do you have a paper trail (e-mail) that you can produce as evidence that you brought the lack of training to their attention?

Are you aware of your employer reporting you injury under RIDDOR?

Has there been an incident investigation?

starlight94

Yes I have evidence of asking on my email account.

im not sure if they reported it, how would I find out?

There hasn't been an investigation, they asked me to do an accident and injury form which I filled out but that is all.

System

Is there specific training for walking up and down stairs?

ohreally

Are there contributory factors such and missing/ damaged hand-rail, stair treads with non slip surfaces, free from obstructions and insufficient lighting. Add in potential lack of rest breaks and I would be having a word with management to guage their response.


Why did you carry the load upstairs to carry it back down again?