Losing toe

daveboy

I would have thought that failing to report an accident, however trivial it may seem to be, could be seen as gross misconduct.

As for claiming, in my opinion the OP will be lucky if they still have a job as I know my employer would come down heavily on something like this, and rightly so.

dickydonkin

daveboy wrote: »

I would have thought that failing to report an accident, however trivial it may seem to be, could be seen as gross misconduct.

As for claiming, in my opinion the OP will be lucky if they still have a job as I know my employer would come down heavily on something like this, and rightly so.

Still missing the point though.

Irrespective of what the OP did or did not do after the accident, the accident occurred nonetheless.

Whether failing to fill in the accident book could be construed as gross misconduct is arguable-however, admittedly this was a failing by the OP.


What the OP is attempting to ascertain is whether there is potential for a personal injury claim and whether the employer was negligent.

Where a job involves manually handling trolleys, I would have thought that a risk assessment (assuming there was one and the information in it was conveyed to the OP) would indicate that foot protection would be required.

It would be information such as this that a solicitor would be asking for if the OP pursued his claim. If the employer has not assessed a task and the risks involved, then arguably there is potential for a claim.

On another issue, I wonder if the OP's employer is aware that if the injury requires being absent from work for over 7 days, then that is reportable to the HSE under RIDDOR regulations.

An amputation is also classed as a 'defined injury' which would trigger an automatic report under RIDDOR, however, it could be argued that the amputation was not directly caused by the accident but due to the failure to seek early medical attention - however, that may need to be looked into further.

makeyourdaddyproud

brendon wrote: »

Although I don't no much about this situation, I wouldn't listen to anybody here as they don't know anything either...

Does this include you?

Somerset

dickydonkin wrote: »

Still missing the point though.

Irrespective of what the OP did or did not do after the accident, the accident occurred nonetheless.

Are you missing the point though ?


There is no evidence whatsoever this was a workplace injury. The OP could have received it playing football ?


- The injury wasn't reported at the time.
- The OP didn't leave the workplace
- The injury wasn't witnessed. ('' I did have a witness who saw me in pain but not actually doing it'' )


Two months after the fact, he claims it happened in the workplace, but has no evidence to support that. I would think that's a major problem.

kevhky

Hi

Injury wasn't reported at time as I thought nothing of it yes it was very painfull but thought sfter a day or two it would be fine like most small accidents

I didn't leave the work place as I didn't need to, I don't go sick I never have and never will

The witness was approx 6ft from me just around corner when I did it

I do understand my biggest fault is not putting it in Accident book on that day

Somerset

kevhky, I am not calling you a liar - I believe you. I am simply pointing out that there is no tangible evidence to support your story. You might be lucky and have your employer accept your version of event's despite this.


No offence intended and I wish you luck.

kevhky

Somerset

I know I understand your not implying anything but I I know it's a strange one to try and prove, my work line manager and H + S at Head office are being okay about it but I suppose it's the work insurers who it has to be proven to and that will possibly be the hardest part

I'm just undecided what to do as I do feel I do deserve compensation for the loss of my toe which I know 100% was caused by the accident

lincroft1710

kevhky wrote: »

I'm just undecided what to do as I do feel I do deserve compensation for the loss of my toe which I know 100% was caused by the accident

It wasn't.

The accident (your description of which reads as if it was your fault anyway) caused an injury to your toe. You failed to seek proper medical attention at the time thereby exacerbating the injury.

Your employer may be liable insofar neither proper footwear nor instructions on correctly using the trolley appear to have been issued. They are not liable for you failing to obtain the correct treatment for your injury.

kevhky

lincroft1710 wrote: »

It wasn't.

The accident (your description of which reads as if it was your fault anyway) caused an injury to your toe. You failed to seek proper medical attention at the time thereby exacerbating the injury.

Your employer may be liable insofar neither proper footwear nor instructions on correctly using the trolley appear to have been issued. They are not liable for you failing to obtain the correct treatment for your injury.

Yes I did do it myself but only to pretect members of the public possibly being injured

The first obvious signs to my toe was blood around the nail that was all, I wasn't going to docs about this as at the time it was nothing to worry about

I only go to docs when in serious pain, this wasn't given much pain at all

lakes17

kevhky wrote: »

Advice if you can if I have a good claim not that I'm into all this where there's blame there's a claim but losing a toe hopefully deserves something.
Back in Jan 2013 at work I ran over my toe with a very heavy trolley (we don't get issued steel toe caps) pain was really bad for a short time after which I carried on working toe throbbing but just carried on, I never went sick nor did I report it although I did have a witness who saw me in pain but not actually doing it, when I got home that night took a look at me toe and around and under the nail was all blood stained

I never put it in accident book or informed anyone as like normal never thought anything would ever come of it

2 month later the toe started to increase in size so off I went to docs, then I decided to inform my boss and was told to complete accident book and speak to H+S. At Head office

Now to cut a long story short after various X-rays/ scans / MRI scan I now have no option but to Lose my toe

The bones in it are infected "Osteomyelitis" can be caused by a deep cut in the skin which obviously has come from the nail into my skin, my toes whee perfect until the accident

I'm just wondering with the information above will I have a claim, the reason I'm asking is I can't remember the exact dare of the accident also with nit filling in the accident until a few month later

Any advice would be great also if you want more info let me know

Cheers

Kev

I think on the basis of the paragraph highlighted it will be difficult to successfully claim against your employer as they will argue that the ultimate damage (losing your toe) has been caused by delaying getting medical help until 2 mths later. They will argue that if you had it seen to medically on the day or day after the accident you would have avoided the problems occurred later on.