Do I need a solicitor to claim after an accident at work?

Xbigman

Do I need a solicitor to claim after an accident at work?

I've had a minor accident at work that could have been much worse. I only had a bruised arm and went home early from that shift and I've been paid for the hours lost.
This is all pretty minor but the accident was clearly not my fault. The person who caused the accident is, shall we say, 'a management favourite'. He broke every health and safety rule in the book. He wasn't signed onto the forklift he was driving, he parked the fork lift up and jumped on another one to stop the one involved in the accident being checked by an engineer. Then he hid until the end of the shift and had to be stopped by a manager from trying to clock out without making an accident report.
Now this is pretty minor from a financial perspective but I want to put in a token claim to highlight some of the issues involved. I also want to do it myself in order to have direct dialogue with the insurance company as there are a few things I want to bring to their attention.

What I need to know is;
Can I put in a claim myself?
Can I request copies of all the documents (accident report, etc...) myself?
Does anyone know of any self help websites about this sort of thing?
Regards



X

Debt_Free_Chick

If you really want some proper action, you'd be better off speaking to the Health & Safety Executive.

The Insurance company won't be concerned.

dmg24

What exactly are you claiming for? A bruised arm?!!!

Clive_Woody

Xbigman wrote: »

Do I need a solicitor to claim after an accident at work?

I've had a minor accident at work that could have been much worse. I only had a bruised arm and went home early from that shift and I've been paid for the hours lost.
This is all pretty minor but the accident was clearly not my fault. The person who caused the accident is, shall we say, 'a management favourite'. He broke every health and safety rule in the book. He wasn't signed onto the forklift he was driving, he parked the fork lift up and jumped on another one to stop the one involved in the accident being checked by an engineer. Then he hid until the end of the shift and had to be stopped by a manager from trying to clock out without making an accident report.
Now this is pretty minor from a financial perspective but I want to put in a token claim to highlight some of the issues involved. I also want to do it myself in order to have direct dialogue with the insurance company as there are a few things I want to bring to their attention.

What I need to know is;
Can I put in a claim myself?
Can I request copies of all the documents (accident report, etc...) myself?
Does anyone know of any self help websites about this sort of thing?
Regards



X

What do you want compensation for you were paid for the hours you missed out on and by your own addmission only had a small bruise on your arm.

Report this incident to the Health and Safety exec if you feel this is appropriate.

Xbigman

I think you have missed the point. I'm not interested in the money I'm interested in drawing attention to a number of issues with the accident. I'm also not impressed that my sick record now has 2 days on it which could result in my not being paid (through the company sick pay scheme) if I go off sick in the next 12 months as I've now had to draw on it (and no, I didn't have a choice on whether or not I was paid. The company are not stupid and they realise that paying a non event small sick scheme claim that blocks future potential larger claims, benefits them enormously).
As for health and safety, the site where I work has just been awarded the silver star for H&S for the third year in a row!

My intention is to put in a claim for £50 just to get the attention of the insurers and actually get the circumstances of the accident properly investigated, if the claim itself fails I won't care.
But that said I would point out that I've now had two of my days off this week wasted as I can't use my left arm right now. What looked like a bruise has resulted in the main front forearm muscle being injured and, whilst still being quite minor, is restricting my wrist movement and does actually hurt.
Regards




X

dmg24

You seem very good at typing considering that you can't use your arm!

As the others have said, report it to the HSE.

Where have you got the £50 figure from?

Debt_Free_Chick

Xbigman wrote: »

My intention is to put in a claim for £50 just to get the attention of the insurers and actually get the circumstances of the accident properly investigated, if the claim itself fails I won't care.

I don't think they will do the kind of investigation you hope for.

Why not call the HSE first? I'm sure you can do so anonymously, explain the circumstances and then see if they want to take it up.

Your accident might well have been one that should have been reported to the HSE anyway. And if your employer hasn't done that then ....... the HSE will definitely be interested

Xbigman

dmg24 wrote: »

You seem very good at typing considering that you can't use your arm!

As the others have said, report it to the HSE.

Where have you got the £50 figure from?

Thanks for that. Actually I can't type except with one finger, and I'm right handed.
Regards



X

dmg24

Xbigman wrote: »

Thanks for that. Actually I can't type except with one finger, and I'm right handed.
Regards



X

Your story is getting a little silly now ...

You have gone from a slight bruise, to a bad arm, to only being able to use one figure!

I smell a hint of exaggeration? :rotfl:

Xbigman

Debt_Free_Chick wrote: »

I don't think they will do the kind of investigation you hope for.

Why not call the HSE first? I'm sure you can do so anonymously, explain the circumstances and then see if they want to take it up.

Your accident might well have been one that should have been reported to the HSE anyway. And if your employer hasn't done that then ....... the HSE will definitely be interested

The last time the HSE people came to investigate an accident the union reps were too busy to show them around, so they just left. Guess what, the person that injured me is one of two union reps on nights. I hold out no hope of getting anywhere with the HSE or union.
Regards



X

Ian_W

I'm not interested in the money I'm interested in drawing attention to a number of issues with the accident.

But I think you're missing the point the other posters are making. The whole point of a civil claim for personal injuries is to compensate you with money for the injuries you sustained and to return you to the same position financially you would have been in had the injury not happened.
Do you really think an insurer is going to do any sort of comprehensive investigation when a claim is for £50? It's just not commercially viable for them to.
Elf N Safety is the new God. Raise your concerns with the HSE as suggested and you might just get the type of investigation you crave. No reason why you can't inform them that the "guilty" party in respect of the accident is a Union Rep and absolutely no reason AFAIAA why they need the co-operation of the Union to conduct their investigation, though usually they will take it as read but not if you mark their card at the outset.