injured at work. what should I do ?

tinytot1390

Sorry if this is in the wrong place im new to this!

Looking for some advice and opinions

I work in a care home and was assaulted by a resident, I am now off work with muscle strains in my neck back and shoulder and also have my hand strapped up due to ligament and muscle damage. My employer has said for me to get my wages I should go back and do light duties other wise it will be just ssp i will receive. Being a care assistant there is little I can think of that I could do safely with one arm and not being able to put pressure on my back. This is leaving me minus £1000 pm. The resident who assaulted me had been in my workplace for three weeks and from the first day we reported he was violent and aggressive, hitting residents and threatening staff. We were given no training to help us deal with this or to protect our self and now I am left not knowing what to do

Thankyou for any replies I may get

Torry_Quine

If you are a union member that should be your first call.

tinytot1390

I have just joined a union today, said i need to wait for 5 days for my application to be accepted

Guest101

I suppose the first question is was a risk assessment done when the reports first came through.

Torry_Quine

tinytot1390 wrote: »

I have just joined a union today, said i need to wait for 5 days for my application to be accepted

They may well not be able to help as the incident happened before you were a member. Its like taking out insurance after you crash your car.

tinytot1390

no reports were done

ohreally

I would inform your employer that your not off sick, your off as the result of an industrial injury!

Are their risk assessments suitable and sufficient, what findings were recorded in relation to the individual who assaulted you?

Read about RIDDOR reports...http://www.hse.gov.uk/riddor/

Over-seven-day incapacitation of a worker

Accidents must be reported where they result in an employee or self-employed person being away from work, or unable to perform their normal work duties, for more than seven consecutive days as the result of their injury. This seven day period does not include the day of the accident, but does include weekends and rest days. The report must be made within 15 days of the accident

Over-three-day incapacitation

Accidents must be recorded, but not reported where they result in a worker being incapacitated for more than three consecutive days. If you are an employer, who must keep an accident book under the Social Security (Claims and Payments) Regulations 1979, that record will be enough.

tinytot1390

I haven't seen any evidence of a risk assessment, and as myself and other staff reported the problems, had there been an assessment done we would have been told. My employer is aware of what happened and have just put it down to " one of those things" that may be the case for them but for myself i am not worried about how i am going to pay my bills on less than £400pm due to no fault of my own. i feel they should have put in place training to deal with violent residents as he is the first with that level of behavior. They only removed him the day after I got injured.x

CalumHeath

Ohreally beat me to it.

This is a reportable incident under the Reporting of Injuries, Diseases and Dangerous Occurrence Regulations (RIDDOR).

Ask your bass if they've reported it, if they haven't you need to do it and make the HSE aware that your boss refused to report it - that itself is worthy of an investigation.

They've already breached the Management of Health and Safety at Work Regulations (which describes the requirements for risk assessments) and the Reporting of Injuries, Diseases and Dangerous Occurrence Regulations.

Reporting it has to be the first thing you do; report it now whilst the facts are fresh in your memory. If it ever goes to court you'll be asked why you didn't report it when you knew others hadn't and may undermine any claim for compensation.

Ignorance is no excuse because now you know.

Thomas_The_Tank_Top

Oh, Oh. I can see where this is going.....

theoretica

Your employer has offered you wages if you go in. Why not go in and see what light duties they ask you to do? Might some of the residents welcome a bit more time to chat? I would tactically make sure your arm is in a sling when you go in so it is clear you won't be using it or doing any lifting.