My Husband had a serious Accident at work Advice Needed 15 March at 11:57PM edited 16 March at 1:30AM in Employment, jobseeking & training 34 replies 2.5K views

teddybear154

Hi,

I'm wondering if any one can give me some advice. I'm hoping I'm posting this in right place.
Back on Monday My Husband had a serious accident at work. 

He works as a Chef and service was about to begin. He went to get a Large pan that he needed to cook, on his way back with pan in his hands he thinks he tripped over some thing, and fell to ground. He doesn't know what he tripped on it all happened so quick.

He was wearing proper kitchen safety shoes that were both oil and slip resistant. So unlikely he could of just slipped and fell. 

He is very safely conscious and always takes precautions and makes sure he has correct safety equipment for working in Kitchen.

He took full impact on his left side. 
They had to call a Ambulance as he was in so much pain and could not move his leg.

He was rushed to hospital and they discovered he had broken his hip. 
He had surgery yesterday morning and had to have plates put in his hip. He is going to be in hospital at least a week and it will probably be a long recovery.

He won't be able to go back to work for many months and as his wages were are only income it's very worrying.

Where does he stand legally. Is there anything we should be doing right now to cover are selves.

I think the accident has been recorded, but does it need to legally be reported to some where.

I keep being told if it's a serious accident involving a broken bone, surgery etc is legally has to be reported to HSE. 

Is this true and if it is who is responsible for reporting it my husband or his employer.

Also slightly off topic, but when my husband is discharged, which won't be for a little while. He will not be able to go upstairs.

We live in a small 3 bedroom house with our 4 children.

We have no bedrooms or beds downstairs.

We only have one reception room (our living room) which is not that big and it has a sofa but its quiet narrow, hard and low and not really suitable for sleeping on especially if he has had surgery. There is no space to have a fold out bed.

We do have a shower room downstairs. 

But not sure how I can care for him when he comes home if have no where suitable for him to sleep and rest.

We have no family or friends any where near by that we could ask for him to stay. I don't know what to do.

What happens if your home is not suitable for discharge. Is there any help available, temporary accommodation that's more suitable/ rehab or something.

Any advice much appreciated

Thanks in advance 

Undervalued

teddybear154 said:

Hi,

I'm wondering if any one can give me some advice. I'm hoping I'm posting this in right place.
Back on Monday My Husband had a serious accident at work. 

He works as a Chef and service was about to begin. He went to get a Large pan that he needed to cook, on his way back with pan in his hands he thinks he tripped over some thing, and fell to ground. He doesn't know what he tripped on it all happened so quick.

He was wearing proper kitchen safety shoes that were both oil and slip resistant. So unlikely he could of just slipped and fell. 

He is very safely conscious and always takes precautions and makes sure he has correct safety equipment for working in Kitchen.

He took full impact on his left side. 
They had to call a Ambulance as he was in so much pain and could not move his leg.

He was rushed to hospital and they discovered he had broken his hip. 
He had surgery yesterday morning and had to have plates put in his hip. He is going to be in hospital at least a week and it will probably be a long recovery.

He won't be able to go back to work for many months and as his wages were are only income it's very worrying.

Where does he stand legally. Is there anything we should be doing right now to cover are selves.

I think the accident has been recorded, but does it need to legally be reported to some where.

I keep being told if it's a serious accident involving a broken bone, surgery etc is legally has to be reported to HSE. 

Is this true and if it is who is responsible for reporting it my husband or his employer.

Also slightly off topic, but when my husband is discharged, which won't be for a little while. He will not be able to go upstairs.

We live in a small 3 bedroom house with our 4 children.

We have no bedrooms or beds downstairs.

We only have one reception room (our living room) which is not that big and it has a sofa but its quiet narrow, hard and low and not really suitable for sleeping on especially if he has had surgery. There is no space to have a fold out bed.

We do have a shower room downstairs. 

But not sure how I can care for him when he comes home if have no where suitable for him to sleep and rest.

We have no family or friends any where near by that we could ask for him to stay. I don't know what to do.

What happens if your home is not suitable for discharge. Is there any help available, temporary accommodation that's more suitable/ rehab or something.

Any advice much appreciated

Thanks in advance 

It depends on who (if anybody) was at fault. Just because somebody has suffered a serious injury at work doesn't necessarily mean the employer is in any way to blame.

If the employer was in any way at fault then there may be grounds for a claim for compensation for the resulting injury and any financial loses that causes. Were the workplace conditions of a good standard? Was appropriate safety equipment provided? Was proper training provided? etc etc. If there are any concerns in these areas then he needs to seek legal advice.

Separately, what are his company's sick pay policies? Legally, just because his accident happened at work, it doesn't mean the firm have to be any more generous in this regard than if he had, say, fallen off a ladder doing DIY at home. If they are at fault and he loses money as a result then that would be a valid part of any claim.  

A difficult situation.....

HampshireH

The employer needs to report it to the HSE within 15 days as a Riddor due to broken bones. It is a work related accident and he will be incapacitated (their language) for more than 7 days and unable to work due to it.

https://www.hse.gov.uk/riddor/reportable-incidents.htm#:~:text=If someone has died or,a type which is reportable

Bobbobbobingalong

In addition to what's said, have a good read of this as it succinctly describes next steps -https://www.citizensadvice.org.uk/work/safety-at-work/accidents-at-work/

If your OH is in a union, they will hand the administrative side of things for him free of charge. 

teddybear154

Undervalued said:

teddybear154 said:

Hi,

I'm wondering if any one can give me some advice. I'm hoping I'm posting this in right place.
Back on Monday My Husband had a serious accident at work. 

He works as a Chef and service was about to begin. He went to get a Large pan that he needed to cook, on his way back with pan in his hands he thinks he tripped over some thing, and fell to ground. He doesn't know what he tripped on it all happened so quick.

He was wearing proper kitchen safety shoes that were both oil and slip resistant. So unlikely he could of just slipped and fell. 

He is very safely conscious and always takes precautions and makes sure he has correct safety equipment for working in Kitchen.

He took full impact on his left side. 
They had to call a Ambulance as he was in so much pain and could not move his leg.

He was rushed to hospital and they discovered he had broken his hip. 
He had surgery yesterday morning and had to have plates put in his hip. He is going to be in hospital at least a week and it will probably be a long recovery.

He won't be able to go back to work for many months and as his wages were are only income it's very worrying.

Where does he stand legally. Is there anything we should be doing right now to cover are selves.

I think the accident has been recorded, but does it need to legally be reported to some where.

I keep being told if it's a serious accident involving a broken bone, surgery etc is legally has to be reported to HSE. 

Is this true and if it is who is responsible for reporting it my husband or his employer.

Also slightly off topic, but when my husband is discharged, which won't be for a little while. He will not be able to go upstairs.

We live in a small 3 bedroom house with our 4 children.

We have no bedrooms or beds downstairs.

We only have one reception room (our living room) which is not that big and it has a sofa but its quiet narrow, hard and low and not really suitable for sleeping on especially if he has had surgery. There is no space to have a fold out bed.

We do have a shower room downstairs. 

But not sure how I can care for him when he comes home if have no where suitable for him to sleep and rest.

We have no family or friends any where near by that we could ask for him to stay. I don't know what to do.

What happens if your home is not suitable for discharge. Is there any help available, temporary accommodation that's more suitable/ rehab or something.

Any advice much appreciated

Thanks in advance 

It depends on who (if anybody) was at fault. Just because somebody has suffered a serious injury at work doesn't necessarily mean the employer is in any way to blame.

If the employer was in any way at fault then there may be grounds for a claim for compensation for the resulting injury and any financial loses that causes. Were the workplace conditions of a good standard? Was appropriate safety equipment provided? Was proper training provided? etc etc. If there are any concerns in these areas then he needs to seek legal advice.

Separately, what are his company's sick pay policies? Legally, just because his accident happened at work, it doesn't mean the firm have to be any more generous in this regard than if he had, say, fallen off a ladder doing DIY at home. If they are at fault and he loses money as a result then that would be a valid part of any claim.  

A difficult situation.....

Thanks I totally agree it is a different situation. I don't know what the work place conditions are like and if they are of good standard as have never been in the kitchen my self. 

I will have to ask my husband when he is more with it and feeling a bit better.

Employer doesn't supply any safety equipment. The only thing they supply is aprons. All uniform and safety shoes staff are expected to supply, Staff are even expected to supply there own knifes and other stuff.

Like I said my husband was wearing proper kitchen safety shoes that were oil and slip resistant which we got our selves and paid alot of money for.

Regarding proper training if you mean safety training then no they never supplied any as far as I'm aware. My husband had to arrange and pay for himself to do a health and safety course and get his health and safety certificate before he could even apply for Job. As they required you to already hold health and safety certificate before you could apply for Job. He has been working there 3 years now.

If you mean training about how to do his job, then maybe a Tiny bit of training but he is a very experienced chef, he has been working in a kitchen as a chef for over 30 years so knows what he is doing. 

Undervalued

teddybear154 said:

Undervalued said:

teddybear154 said:

Hi,

I'm wondering if any one can give me some advice. I'm hoping I'm posting this in right place.
Back on Monday My Husband had a serious accident at work. 

He works as a Chef and service was about to begin. He went to get a Large pan that he needed to cook, on his way back with pan in his hands he thinks he tripped over some thing, and fell to ground. He doesn't know what he tripped on it all happened so quick.

He was wearing proper kitchen safety shoes that were both oil and slip resistant. So unlikely he could of just slipped and fell. 

He is very safely conscious and always takes precautions and makes sure he has correct safety equipment for working in Kitchen.

He took full impact on his left side. 
They had to call a Ambulance as he was in so much pain and could not move his leg.

He was rushed to hospital and they discovered he had broken his hip. 
He had surgery yesterday morning and had to have plates put in his hip. He is going to be in hospital at least a week and it will probably be a long recovery.

He won't be able to go back to work for many months and as his wages were are only income it's very worrying.

Where does he stand legally. Is there anything we should be doing right now to cover are selves.

I think the accident has been recorded, but does it need to legally be reported to some where.

I keep being told if it's a serious accident involving a broken bone, surgery etc is legally has to be reported to HSE. 

Is this true and if it is who is responsible for reporting it my husband or his employer.

Also slightly off topic, but when my husband is discharged, which won't be for a little while. He will not be able to go upstairs.

We live in a small 3 bedroom house with our 4 children.

We have no bedrooms or beds downstairs.

We only have one reception room (our living room) which is not that big and it has a sofa but its quiet narrow, hard and low and not really suitable for sleeping on especially if he has had surgery. There is no space to have a fold out bed.

We do have a shower room downstairs. 

But not sure how I can care for him when he comes home if have no where suitable for him to sleep and rest.

We have no family or friends any where near by that we could ask for him to stay. I don't know what to do.

What happens if your home is not suitable for discharge. Is there any help available, temporary accommodation that's more suitable/ rehab or something.

Any advice much appreciated

Thanks in advance 

It depends on who (if anybody) was at fault. Just because somebody has suffered a serious injury at work doesn't necessarily mean the employer is in any way to blame.

If the employer was in any way at fault then there may be grounds for a claim for compensation for the resulting injury and any financial loses that causes. Were the workplace conditions of a good standard? Was appropriate safety equipment provided? Was proper training provided? etc etc. If there are any concerns in these areas then he needs to seek legal advice.

Separately, what are his company's sick pay policies? Legally, just because his accident happened at work, it doesn't mean the firm have to be any more generous in this regard than if he had, say, fallen off a ladder doing DIY at home. If they are at fault and he loses money as a result then that would be a valid part of any claim.  

A difficult situation.....

Thanks I totally agree it is a different situation. I don't know what the work place conditions are like and if they are of good standard as have never been in the kitchen my self. 

I will have to ask my husband when he is more with it and feeling a bit better.

Employer doesn't supply any safety equipment. The only thing they supply is aprons. All uniform and safety shoes staff are expected to supply, Staff are even expected to supply there own knifes and other stuff.

Like I said my husband was wearing proper kitchen safety shoes that were oil and slip resistant which we got our selves and paid alot of money for.

Regarding proper training if you mean safety training then no they never supplied any as far as I'm aware. My husband had to arrange and pay for himself to do a health and safety course and get his health and safety certificate before he could even apply for Job. As they required you to already hold health and safety certificate before you could apply for Job. He has been working there 3 years now.

If you mean training about how to do his job, then maybe a Tiny bit of training but he is a very experienced chef, he has been working in a kitchen as a chef for over 30 years so knows what he is doing. 

It is not my area of expertise but safety training should be an ongoing process. A pilot, for example, has ongoing training and assessment for the whole of their career. You don't just get a pilot's licence in your early twenties and fly unchecked for the next forty years!

I am sure he is very experienced, but safety rules evolve (and inevitably get stricter) so what was perfectly acceptable 30 years ago may well be frowned upon now. 

You / he need to seek proper legal advice.

elsien

If there is no evidence of a trip hazard, it’s going to be very difficult for him to show what did happen. People do trip over their own feet sometimes for no obvious reason.
In terms of rehab, that’s a discussion that he will need to have with the hospital discharge team before he comes home. Potentially they could arrange for him to have a stay on a rehab ward for a little bit longer and you could ask for a home OT assessment.But with the downstairs shower room although difficult it’s not completely undoable for him to come home. 

Make sure if they’re assessing him on stairs, they assess him on a flight of stairs. Sometimes if people can manage one or two then they say that is sufficient. 

Some people do recover enough mobility to manage a lot quicker than you might expect. 

Placitasgirl

Although it's easier said that done, try not to worry too much about what happens next. Your husband will be supported and fully assessed whilst in hospital by Occupational Therapists and Physiotherapists. Before he can be discharged you'll be asked in detail about your home situation and a determination will be made about whether he can leave hospital or may need to spend more time there before discharge. 

He'll also be given a programme of rehabilitation and guidelines on what he can and should not be doing to help and promote his recovery and mobility. 

As far as his work situation goes, you will need to ask for a Fit Note to cover the time he's in hospital and send this to his employer. He'll need to provide Fit Notes from his GP once he is discharged and until he's fit to return. You may wish to check his employment contract to establish what occupational sick pay/SSP (Statutory Sick Pay) he's entitled to and for how long. 

His employer should have recorded his accident and be following the correct process to establish what happened. Were there any witnesses to the fall? Without being able to identify a trip hazard it could be difficult to establish blame and this will likely be considered and accident. 

I wish you well in the days and weeks ahead. My husband recovered well, fully and surprisingly quickly from a similar hip surgery and I hope the same is true for you and your family. 

TBagpuss

Coming home - it's possible that they may be able to arrange a hospital style bed he can use downstairs when he is first discharged, if you were able to temporarily move the sofa to make space for a bed.  Might that be a possibility?

As others have said, the employer isn't automatically liable just because he fell at work, he would have to be able to show negligence on their part .

He is likely to be able to get SSP - He will need to provide a fit note as once the initial self certification period is over. Do you/he know what paid sick leave (if any) he has under his contract? 

As SSP isn't a lot, then either straight away if he doesn't get paid leave , once you know when any paid leave will end,  or  you as a family will also need to look at claiming Universal Credit - https://www.entitledto.co.uk/  https://benefits-calculator.turn2us.org.uk/  can be  useful starting points to calculate how much you might be entitled to claim. - I believe that it takes around 6 weeks for a claim to be processed so perhaps something to start sooner rather than later.

If you don't have savings to cover normal bills in the mean time then it's probably also worth speaking to your mortgage lender / any loan companies etc sooner rather than later - often they have some flexibility but can be more helpful if you are able to contact them before you go into arrears rather than afterwards. 

teddybear154

Placitasgirl said:

Although it's easier said that done, try not to worry too much about what happens next. Your husband will be supported and fully assessed whilst in hospital by Occupational Therapists and Physiotherapists. Before he can be discharged you'll be asked in detail about your home situation and a determination will be made about whether he can leave hospital or may need to spend more time there before discharge. 

He'll also be given a programme of rehabilitation and guidelines on what he can and should not be doing to help and promote his recovery and mobility. 

As far as his work situation goes, you will need to ask for a Fit Note to cover the time he's in hospital and send this to his employer. He'll need to provide Fit Notes from his GP once he is discharged and until he's fit to return. You may wish to check his employment contract to establish what occupational sick pay/SSP (Statutory Sick Pay) he's entitled to and for how long. 

His employer should have recorded his accident and be following the correct process to establish what happened. Were there any witnesses to the fall? Without being able to identify a trip hazard it could be difficult to establish blame and this will likely be considered and accident. 

I wish you well in the days and weeks ahead. My husband recovered well, fully and surprisingly quickly from a similar hip surgery and I hope the same is true for you and your family. 

Thank you for your reply. Unfortunately there is no room In Living Roon for any bed. It's a very small living room. 
The only way I could get a bed in living room is to move sofa out but have no where else where I can store sofa.

Also we have a on going problem with  boiler that we have been fighting with landlord to get fixed since last November.
Despite having a shower room with toilet downstairs, we have no hot water down stairs, not even in kitchen. We have to take dishes, pots and pans upstairs to wash them or boil pans of water.

So won't be ideal for him with no hot water down stairs.

Unfortunately if the drs or therapist talk to him about our home situation he will lie and not tell the truth just so he can get home. 
So far he won't let me talk to anyone at hospital, he is very stubborn.

Im going to ring hospital later any way and see if I can talk to anyone and Just make them aware of situation. 

We have 4 children, 3 of which have Autism and other medical conditions.
I am there carer.

I also don't know how I'll juggle careing for them and looking after my husband.
It feels like a nightmare.

I hope you don't mind me asking but how long was it after your husband had hip surgery before he could go up and down stairs. Do you by any chance remember

Thanks 

teddybear154

TBagpuss said:

Coming home - it's possible that they may be able to arrange a hospital style bed he can use downstairs when he is first discharged, if you were able to temporarily move the sofa to make space for a bed.  Might that be a possibility?

As others have said, the employer isn't automatically liable just because he fell at work, he would have to be able to show negligence on their part .

He is likely to be able to get SSP - He will need to provide a fit note as once the initial self certification period is over. Do you/he know what paid sick leave (if any) he has under his contract? 

As SSP isn't a lot, then either straight away if he doesn't get paid leave , once you know when any paid leave will end,  or  you as a family will also need to look at claiming Universal Credit - https://www.entitledto.co.uk/  https://benefits-calculator.turn2us.org.uk/  can be  useful starting points to calculate how much you might be entitled to claim. - I believe that it takes around 6 weeks for a claim to be processed so perhaps something to start sooner rather than later.

If you don't have savings to cover normal bills in the mean time then it's probably also worth speaking to your mortgage lender / any loan companies etc sooner rather than later - often they have some flexibility but can be more helpful if you are able to contact them before you go into arrears rather than afterwards. 

I could move sofa but have no where else to put sofa no where to store it temporarily if did put a bed in Living room.

Unfortunately SSP is pointless and not a option it's only £94 a week I think. No one can live on that. Our rent is going up to £800 a month from next month. 

SSP would not even cover half of rent let alone other bills or food.

How can they expect any one to live on that. 

I'm going to make a appointment with Citizens advice and try and get some advice

Thanks for your reply