Injured at Work

tykesi

lcfceaves31 wrote: »

Thanks for your reply and help on this.
Today, we found out there isn't a break thankfully, but just heavy bruising which is making it difficult to move it the moment and will result in a couple of weeks of work on statutory sick pay.

More details - Stairs have an anti-slip style tread on the edge/front. Her feet were wet because you walk through the outside which had been raining to get to the cellar door, so the stairs weren't wet until she stepped on them!
There is no footwear offered to use for these stairs
She has been advised to go down there by management in the past, to fetch cutlery and napkins etc. and nothing has changed there.
Knowing this, I am not sure whether we would get anywhere with any type of claim, even though I am extremely annoyed with how a hand rail can just 'come out' of the socket whilst using it to walk down stairs. 12 months ago, she was working there carrying our child, going down those stairs... if she had fell then, who knows what would've happened.

1) She wasn't using it to walk down stairs, your OP says she slipped and grabbed hold of it thus probably yanking it out of its 'socket'.

2) Nobody, because it didn't happen. What ifs are irrelevant.

dickydonkin

Good news about not being a fracture, but as I alluded to earlier, if she cannot perform her NORMAL DUTIES because of the injury and requires to be off work for the time you suggested, then this must be reported under RIDDOR regulations.


However....notice my bolding. You did indicate that your partner was a receptionist and if I was advising her employer, I would suggest that she saw her doctor to see if she could carry out her normal activities. If she can, then fine, however, I would not go against medical advice if it was suggested that she could exacerbate her injury by returning to work.

As for the fall, as you have stated, your partner was wearing 'normal' footwear which may have significantly contributed to the fall - even if the treads were covered in a non slip material. Many fashion shoes have flat plastic soles that when wet, are lethal.


That said, the employer should have assessed the area and concluded that suitable safety footwear for the area must be worn in the cellar area.


The handrail (if fit for purpose) may or may not have stopped the fall, however, as I alluded to earlier, the rail should never have come out of the wall.


I would certainly see a solicitor regarding the validity of a claim, and there may be shortcomings from the employers perspective in respect of assessing the area and providing safety footwear and the handrail would also be a factor in respect of the severity of the injury.


As an aside, I would certainly not allow a child in or around a commercial kitchen and bar cellar. Workplaces are for workers and thankfully your partner did not suffer the same fate when carrying a child on the stairs.

Money_maker

Dicky, I think the OP meant his wife was pregnant not actually carrying a child in her arms.

Not_Me_Officer

And what's wrong with claiming??

If this accident has put her out of pocket then why shouldn't she claim at least for the loss in earnings?

Or at the very least why shouldn't she do a bit of investigating as to whether she has grounds to claim & can then decide to take it further (or not)?

When there's people out there claiming for things they're not entitled to & getting it by illegal means then if (that's the keyword) she's eligible for a claim then why not?

dickydonkin

Money_maker wrote: »

Dicky, I think the OP meant his wife was pregnant not actually carrying a child in her arms.

Thanks.....my bad.


That could really have been a disaster.