injury at work but scared to put claim in

[starinhersky]

recently injured at work on machinery had to have surgery for the repair doctor advised up to 8 weeks from work only receiving ssp. There was no training in place for use on any machine Is there anyone who`s been in a simular position

Edited September 1, 2009 by starinhersky

[bazaar]

Yep, theres loads who've been in your position.

Have you got a bad relationship with your employer? Why not speak to them to see what you can do via the company insurance for loss of earnings.

Someone will be along to advise better than me, so sit tight.

[wot2do?]

I am in a similar position, I have had surgery for two prolapsed cervical discs. The Physio said that it was likely caused by my job. I work in the office and the height of the monitor and desk layout can be contributing factors.

 

I have been off week for serveral months and am still currently on full pay. However, as I have never received any Health & Safety training and have been in servere pain for many months, I would like to be compensated for the pain (I know this sounds greedy, but the pain was caused by my job).

 

However, I really like my job and it has taken me YEARS to find a job I like and enjoy.. So I don't know what to do either

[bazaar]

Hi W2D, would the physio categorically make that statement on any insurance claim? Possibly not. You have been on full pay, so your employer has been pretty fair. Maybe they can supply you with a different desk, (raiseable so you can stand for some of the day). I'd advise NOT going to a no win no fee cowboy outfit, but see if your employer will discuss this with you and maybe assist in an insurance claim if it is valid.

At the end of the day, if theyve provided office equipment to enable you to do your job efficiently, the chances are, that equipment is approved for office use.

You say youve never had any health and safety training, sorry if I seem a little confused here, but what more can your employer do to train you to sit down correctly? What training do you require?

[bazaar]

Right Ive had a look around for both your types of injury. Some advice can be found on ask about money com. Basically the advice is to speak to your employers. IE help with physio visits, (will they pay you for the time off).

W2D, yours is more an ergonomic issue you can talk to your employer about, like new chair / desk etc, taking mini breaks.

Star, yours is about getting back to work. IE light duties, first. Maybe they can train you on something else and help with getting you back fit again by paying you whilst attending physio.

The general concensus is that sueing your employer for your injuries will create a poor working relationship. IE, could you really continue working for someone youve just sued? If you think you can walk into another job, just like that, then maybe thats what youre thinking, but times are tough out there. I'd advise speaking to your employers to see where you stand. Good luck

[mkb]

My son was injured at work when a steel pole fell off the fork lift & sliced half his face off. We wouldn't let him sue because he still wanted to work there.

 

4 months later they laid him off cos work was slowing up & it was last in, first out.

 

THEN we said ok, go for it & sue them. He used one of the no win, no fee lawyers & got several thousand after about 2 years

 

If you want to keep your job, I would recommend not sueing them at this point - you have 6 years to start a claim so maybe try negotiating with them to cover your expenses whilst off sick ie. prescriptions etc

[scousegeezer]

Bazaar and others,

It is not as simple as saying they have gven you approved equipment, what more can they do. They can do more and a LEGALLY supposed to.

People working with V.D.U. equipment are supposed to be instructed on how to sit at their work-station correctly and are supposed to have a work station assessment by the health and safety rep. The assessment should take place evry twelve months at least and the H+S rep should check how the people are sitting at their work-statations. If this is not happening then the company are breaching H+S regs and the company are committing an offence. I would recommend they ta;lk to their union rep and if not union then go and see the C.A.B.

 

Cheers - Scousegeezer.

[bazaar]

Hi Scouser, yes I agree with you on the H&S stuff, but this thread is about someone who is wary to put a claim in for an injury. My point was dont just go in like a bull in a China shop, talk to your employer first. If you feel youre getting the run around then by all means seek furhter advice about putting a claim in. But be very careful also of the cowboy no win no fee outfits that have cropped up everywhere.

[scousegeezer]

We really need further info on this. Satrinhersky- what traing have you had H+S wise. What assessments have been done, What is the size of the firm you work for. Did you report any problems to your employer, this kind of thing doesnt happen overnight. H+S also places some responsibility on you for your own H+S; to report any probelms etc.

 

Cheers - Scousegeezer.

[starinhersky]

There as been no h&s training on any machine the only thing which was pointed out upon starting there was fire exits and fire assembly point thats it. Establised company been running 30 odd years.

[iw61]

recently injured at work on machinery had to have surgery for the repair doctor advised up to 8 weeks from work only receiving ssp. There was no training in place for use on any machine Is there anyone who`s been in a simular position

 

Did you report the accident in the Accident Book? Legally all employers have to have an accident book in order to report all accidents.

 

Are you a member of a union? If you are, report the accident to them and they will assess any claim through the union solicitors. they can assist in a Personal Injury claim. If you are not, go to a No win No Fee solicitor in order for them to assess a claim.

[wot2do?]

Hi W2D, would the physio categorically make that statement on any insurance claim? Possibly not. You have been on full pay, so your employer has been pretty fair. Maybe they can supply you with a different desk, (raiseable so you can stand for some of the day). I'd advise NOT going to a no win no fee cowboy outfit, but see if your employer will discuss this with you and maybe assist in an insurance claim if it is valid.

At the end of the day, if theyve provided office equipment to enable you to do your job efficiently, the chances are, that equipment is approved for office use.

You say youve never had any health and safety training, sorry if I seem a little confused here, but what more can your employer do to train you to sit down correctly? What training do you require?

 

Thanks Bazaar,

 

without wanting to hijack this thread I will keep my post brief, I was refering to:

 

a) The Health and Safety (Display Screen Equipment) Regulations 1992

 

· Daily work routine of users (no plan in place, one 5 – 15 minute break taken per day)

· Provision of training (no training provided)

· Environment (Movement restricted by moveable draws, waste bin & cabinet)

[bazaar]

Hi W2D, well you probably have grounds for a claim, but as you say you enjoy working where you are, I'd advise looking into the benefits of claiming. Some money now may seem great, but what happens later if theres any chance of redundancies? I bet your name would be top of the list.

Can you speak to your employer about the details youve posted up?

Getting your office space sorted out with them would be a start, if theyre not prepared to talk to you about it, then you know where you stand

[seftonview]

You do not have six years in which to make a claim. In personal injury cases you have three years, less one day, in which to make a claim.

 

I come from an occupational safety and health background, and I've worked in other allied roles such as HR. I would strongly advise you to get in touch with your trade union if you are a member, and if not to contact a solicitor (not a claims management company) that offers no-win-no-fee arrangements. I'd also make a claim to industrial injuries disablement benefit (accidents).

 

Your employer owes you a duty of care, and has failed in it. It is in no way unreasonable to seek redress.

 

Hope this helps.

 

Seftonview

[bazaar]

Great advice Sefton, so would you think it wise to see how Stars' injury heals first, in case there is any loss of movement etc. and then put in a claim maybe 3 to 6 months down the line?

[68904]

Your employer has to provide you with a safe working environment.

If you have had no training on a machine/process then you can refuse to do that job till you are competent to do it.

As for injuries at work, you have 3 years from date of accident to submit a claim.

If I were you employers have no loyalty to you so sue them for damages cos who will be next and will they walk away from the next accident.

I have had 27 years service on BR and have been a safety rep for the Union, and that is the advice I would give you

[Helford]

Hi Starinhersky,

 

First of all was an entry made in the Accident Book?

 

Secondly, was the incident reported to Riddor? See here for details:-

 

HSE: RIDDOR - report an incident at work

 

What was the underlying reason for the accident; Human error or absence of safety guards or the like?

 

Playing Devils Advocate here; If you were injured in a situation where there has been no proper training, I would suspect that other issues have not been addressed and it really would be in everyone's interest that someone stood back and assessed all. If more than 6 employees there is a legal requirement for a full written Health and Safety policy to be in place and available to all.

 

Whilst appreciating that you 'don't wabt to rock the boat', I really would have a chat with a good local Solictor and also speak with your Trades Union if you have one. Do you have Legal Expenses insurance under your Household Insurance?

[k13 wjd]

Nail them.

 

I stupidly took a £4k comprimise agreement from a previous employer, after i told them i was considering legal action after a back injury.

 

In need of cash, i took the £4k.....And 2 years later, here i am still in pain, from the same injury - Torn disk.

 

 

Wish i hadnt taken the £4k now, it'd be have been several times that if it went to court !

[IS IT ME?]

Hi All,

I like to put my penny worth in here, I work as a driver and had an accident at work, torn six discs in my back, leg has no feeling and knee gives way when I walk and what do the company say,

A: Know nothing about it

B: Can't find paperwork

C: And have not been er giving correct information to insurance co ( had to be

nice here) and made statements which are not true.

So am I suing YES does the company care about you as an employee NO they are there to look after number one

I had a firm of solicitors not very good and changed to another and boy have things started to moved, So I say get yourself a good firm and good for it as you have nothing to lose.

Me Ive been off for a year nearly on SSP and that's how much the company thinks of me, after all if you have an accident at work clearly its not like being off for a cold or head ache?

[*paul*]

1. Make sure its in the accident book.

2. Record as many details as you can, times dates,etc.

3. Record the names of any witnesses.

4. Keep copies of any site induction,training you were given.

 

Then you have to decide how much the job means to you.