work injury

[ghost town]

Hi don't know if anyone can advise me. I am a delivery driver and i recently had a accident. I slipped out of the back of a work van twisting my knee. I reported the accident to my manager and was told this happened two weeks prior to another driver and that he was supposed to get some antislip matting for the van. I carried on working that day because they wouldn't let me go to get it checked out. After finishing work i went to hospital because i was in so much pain. I was told by the doctor that i had knee liggament damage and i had also damaged my knee cap. I contacted my manager and told him and enquired about loss of pay he told me that i would get paid for the rest of the week and they would review it after that. I went to the doctors on friday and was told i shouldn't drive for a while. So i contacted my manager and said i would try to come back to work if i could do light duties. He said to come in on the Monday. When i went he didn't ask if i was ok i was given my keys and told that i had to go out on my round. I explained that i still had problem with my knee bu was told there was no light duties, so i stayed at work for two days but my knee kept swelling up and i had to go back to the doctors and she gave me pain killers and a sick note for a week i was told no heavy lifting or driving and to return a week later so she could get my Xray from the hospital. I contacted my boss and told him and asked if i could come in and just do light duties again he told me he would speak to his boss and ring me back, this did not happen and when i tried to ring him he would no answer the phone. I went back to the doctors nad was told that i need to see a knee specialist as i would need to have a opperation and was advised not to drive has my knee was always locking and it would be dangerous. The company was told but they are saying that it's not there problem and anytime of sick would not be paid and if i can't drive they don't want me back and i won't get paid for any of the time i have had off in the past or in the future. I have told them that i am returning to work on Monday because i have no choice but my knee still locks and it would be dangerous but i have no choice. I anyone coud help it would help me loads as i am worrying about paying my bills.

[Alipeeps]

Am not an exper but it sounds to me like you have a) a clear cut case to claim for compensation for an industrial accident and b) grounds to lodge a grievance with the company over what amounts to constructive dismissal.

 

What it boils down to is that an injury at work has left you with physical problems that leave you unable to do your job. This is not your fault and they have no right to discriminate against you - or sack you, as they seem to be suggesting - because of this.

 

I would advise that you contact ACAS asap for advice on your rights and how to proceed with this. I would say however that you really should not go into work on Monday - or if you do, do not let them force you into any driving/lifting etc - as your dr has specifically advised you not to do this kind of work and has signed you off sick because of that. I would think the first step here would be to raise a formal grievance with the company - this would need to be in writing and should set out what you have explained above about your injury, your attempts to get the company to deal with the situation and their refusal/failure to do so. Again, ACAS can give you advice on your rights and what to put in a grievance letter. The company will then have 28 days in which to respond to your grievance by arranging a grievance meeting to discuss your concerns and how they can/will respond to them (i.e. by finding you alternative light duties work or by paying you sick pay etc for the period during which you are unable to work). If they do not respond within the 28 days, or you are not happy with the outcome of the grievance meeting, you can them proceed to taking them to tribunal (I assume you have been with the company for at least 12 months?)

 

Ali

[ghost town]

Hi Ali

thanks for your responce. I have been at the company for 3 years but since the new transport manager started, in the last year i feel like a outcast. From day 1 he has taken a disliken to me. I am concerned about driving as it is my right leg and that is the accelorator and brake and if that locks who knows what will happen. I didn't know if i went in and said i couldn't drive what they would do if they could suspend me or not its not the fact that i don't want to work it's just that i can't drive.

ghost

[elche]

Hi ghosttown

 

Sorry to hear about the knee.

 

There are 2 distinct issues here:

 

a) The potential claim for compensation due to fact that you suffered an injury at work.

 

b) The fact that you are too ill to work.

 

In relation to point b, there is no difference that you are ill for work because of an accident at work. Unless your injury brings you within the DDA, your employer would be under no legal obligation to provide you with light duties.

 

If you are too ill to work, then in the absence of a contractual sick pay scheme, your only entitlement will be to SSP currently £75.40 (due to rise in April). SSP is not paid for the first 3 days of sickness.

 

b) The law places an incredibly onerous burden on employers as regards accidents at work. If the non-slip matting was due to be fitted then this suggests that the employer was aware of a risk.

 

I can't comment on your prospects of success, but if successful in an action for negligence, then you could claim for:

 

i) Pain suffering and loss of amenity - for the actual injury

ii) Loss of Earnings - past and future if relevant

iii) Expenses e.g. visiting hospital appointments.

 

The above list is not exhaustive.

 

You should think carefully about the impact on relations with your employer before making a claim.

 

Any solicitor dealing in Employer's Liability claims should be able to bring a claim on a 'no win, no fee' basis.

 

Any union?

 

Che

[ghost town]

thanks Che

would you know.Currently i drive a forklift for the the company but this was a favour to them and not in my contract and i was not paid any extra for doing it. I have obviously do not want to put anymore impact on my knee. at least with a van i can put the seat back. If i say i can't drive the forklift can any disaplinery action be taken against me.

ghost

[poppynurse]

If your Dr is telling you not to drive then you must not drive - van forklift or anythng else.

 

If you were to have an accident the insurance could well be invalid as you are not medically fit to drive.

 

You may well do more damage to the knee by using it when driving - what if you have to do an emergency stop...you could be leaving yourself wide open to negligence claims and also long term disability, if the Dr says rest it - rest it!

 

You need to stay off sick and follow your Drs advice, submit your sick notes to the company and take it from there.

[ghost town]

Hi poppynurse

Thanks for your advice. I have contacted my employer as i was contacted by one of my work mates. He informed me that a manager told him that my injury was down to football. They are saying this because i manage a local football team they have put two and two together and made six. I think this is why they are being funny. I have offered them the team sheet for that weekend as proof.

[ghost town]

I am not to sure if that is grounds for slander as it as been repoted by two people know and it was said by the same manager.

ghost

[silver surferrr]

"I reported the accident to my manager and was told this happened two weeks prior to another driver and that he was supposed to get some antislip matting for the van."

 

Your company should hold an accident/incident book. You need to check that your injury has been recorded in the book, and also check about the previous incident. Your company is now aware of a health and safety issue and should be taking steps to remove the hazard. You could also ask for a risk assessment of your activities.

 

Also plead read the following legal requirement of your employer

 

"If there is an accident connected with work (including an act of physical violence) and your employee, or a self-employed person working on your premises, suffers an over-three-day injury you must report it to the enforcing authority within ten days.

An over-3-day injury is one which is not "major" but results in the injured person being away from work OR unable to do their full range of their normal duties for more than three days. You can notify the enforcing authority by telephoning the Incident Contact Centre on 0845 300 99 23 or completing the appropriate online form (F2508)[3]. "

 

I doubt that your employer has done this. you should let them know of their responsibilities to notify the HSE. you will get their attention with this a better treatment.

[silver surferrr]

"I reported the accident to my manager and was told this happened two weeks prior to another driver and that he was supposed to get some antislip matting for the van."

 

Your company should hold an accident/incident book. You need to check that your injury has been recorded in the book, and also check about the previous incident. Your company is now aware of a health and safety issue and should be taking steps to remove the hazard. You could also ask for a risk assessment of your activities.

 

Also plead read the following legal requirement of your employer

 

"If there is an accident connected with work (including an act of physical violence) and your employee, or a self-employed person working on your premises, suffers an over-three-day injury you must report it to the enforcing authority within ten days.

An over-3-day injury is one which is not "major" but results in the injured person being away from work OR unable to do their full range of their normal duties for more than three days. You can notify the enforcing authority by telephoning the Incident Contact Centre on 0845 300 99 23 or completing the appropriate online form (F2508)[3]. "

 

I doubt that your employer has done this. you should let them know of their responsibilities to notify the HSE. you will get their attention with this a better treatment.

 

 

 

here is a list of reportable major injuries

 

Reportable major injuries are:

• Fracture, other than to fingers, thumbs and toes;
  
• Amputation;
  
• Dislocation of the shoulder, hip, knee or spine;
  
• Loss of sight (temporary or permanent);
  
• Chemical or hot metal burn to the eye or any penetrating injury to the eye;
  
• Injury resulting from an electric shock or electrical burn leading to unconsciousness, or requiring resuscitation or admittance to hospital for more than 24 hours;
  
• Any other injury: leading to hypothermia, heat-induced illness or unconsciousness; or requiring resuscitation; or requiring admittance to hospital for more than 24 hours;
  
• Unconsciousness caused by asphyxia or exposure to harmful substance or biological agent;
  
• Acute illness requiring medical treatment, or loss of consciousness arising from absorption of any substance by inhalation, ingestion or through the skin;
  
• Acute illness requiring medical treatment where there is reason to believe that this resulted from exposure to a biological agent or its toxins or infected material.
  

[ghost town]

Hi silver surferr

i spoke to the other driver last night he told me that he did not do any damage as he was caught by the transport manager. Nothing was put in the accident book. He is willing to say that the accident happened and also another driver was told by the transport manager when we recieved the new vans that there was a problem with the back of the van and it would have to be sorted before someone had a serious accident. This was five months ago.

Ghost

[ghost town]

I have just noticed

"If there is an accident connected with work (including an act of physical violence) and your employee, or a self-employed person working on your premises, suffers an over-three-day injury.

my accident was while i was delivering and not on there premises. Is this still the case.

ghost

[silver surferrr]

I have just noticed

"If there is an accident connected with work (including an act of physical violence) and your employee, or a self-employed person working on your premises, suffers an over-three-day injury.

my accident was while i was delivering and not on there premises. Is this still the case.

ghost

 

 

Yes your accident on the vehicle is still company property, and you were injured whilst carrying out your duties. It should be recorded and reported.

 

As for the verbal confirmation of the problem, that will vanish very quickly. Everything must be recorded properly. Im no expert on claiming compensation, you should go speak with a solicitor and use the 30min free consultation. Of course if you seek this i guess your relationship with your employer will deteriorate. Which in this recession may not be good. But they should at least give you your sick pay entiltlement and fix the health and safety issue. If you feel that you have sustained an injury that will have long term effects then compensation may be a good idea.

[ghost town]

Hi thanks for everyones help just need a bit more advice if someone can help.I followed the advice i was given. I asked about the HSE if my accident had been reported. but know the company are saying i did not fill out the accident report book properly and they need more details about my accident this is 8 weeks later surely they should of queried this before know they have lost the paper with the address where i had my accident not to sure what it is know. what should i do.

ghost town

[silver surferrr]

It looks like your company have failed to follow correct proceedures.

 

Anyone suffering a major accident preventing them from working, is in no position to fill out the accident book. The person/manager whom the accident was reported to should have filled out the preliminary accident deatails. You should then be able to complete additional information at a later date should you return to work.

 

I would ask for a copy of the companies policy on reporting accidents. They should have one, otherwise they are not fullfilling their duties under the health and safety at work at.

 

The blame does not lie with you, and I expect that your company has never really informed their staff of what to do in the event of an accident.

 

How you pursue this is upto you as it will affect your relationship with your employer. But I would personally contact the local branch of the HSE and inform that your employer is failing in its statutory duties. Also has the fault been rectified? 8 weeks is plenty of time for the risks to staff to have been removed. Your employer is on dangerous ground if they allow you to return to your old duties with the same risks still in place.