accident at work

[littledotty27]

Just after a bit of advice.

Had an accident at work last week,which resulted in a broken finger.

Drive for a living,so obviously not going to be insured at work.

I have no contract or ever signed one,not been noted in accident book.

 

What rights do I have? especially with regards to pay.

 

Any help apprciated please

[MandM]

Hi LD,

 

Are you directly employed i.e. PAYE? Are you off work at the moment also.

 

Also, was the accident on the 'works' premises.

 

M

Edited December 13, 2009 by MandM

[littledotty27]

Hi M

 

Yes I am directly employed & this will be my 1st week off work.

The accident happened on work premises.

[JimmySpangle]

They MUST record all injuries that happen to employees. There is no option not to.

 

How did the injury occur?

[MandM]

Was the accident actually in relation to your work out of interest or totally un-related (such as tripped over etc)

Apologies for all the questions

 

M

[MandM]

Dotty,

 

Have a look on the HSE website. I think that will answer most of your questions.

 

Look particularly at RIDDOR and 3 day reportable injuries.

 

M

[MandM]

With regards to pay, companies tend to have differing policies. Are you actually signed off by a doctor? If not, get this done.

 

M

[MandM]

Was the accident actually in relation to your work out of interest or totally un-related (such as tripped over etc)

Apologies for all the questions

 

M

 

This is important because it might be that a Risk Assessment should have been done.

[littledotty27]

Was the accident actually in relation to your work out of interest or totally un-related (such as tripped over etc)

 

Yes the accident was in relation to work,im not signed off as I thought the 1st 7 days had to be self cert.

[MandM]

Yes the accident was in relation to work,im not signed off as I thought the 1st 7 days had to be self cert.

 

As far as I know that's correct. I think it's 7 consecutive days so be aware of when your time is up and get your cert.

 

If the accident was work related, particularly on work premises,your employer has a duty (it's the law) to report it under Riddor if you're off OR unable to carry out your normal work duties for more than 3 days. The weekend IS included if it falls within that timescale i.e. if you had the accident on Thursday and didn't return to work on Monday then it's still more than 3 days.

 

I don't want to ask you to go into work and kick up (and cause probs for yourself ) as I don't know what your relationship is with your employer so it's entirely up to you how you use this - but the law is clear - HSE says (to Employers)>>>>>>>

The law says you must assess and manage the health and safety risks of your business.

In a risk assessment, you carefully examine what in your work could cause people harm. This will determine if you have taken enough precautions, or if you should do more to prevent harm.

 

Have you ever seen or discussed a Risk Assessment? Employees are usually party to these and some companies will ask you to agree, read and sign the RA (so there's no doubt)

 

If you were doing a job that MAY (and only possibly may) have resulted in you breaking your finger/s then your employer has failed in their duty to look after your needs!

Furthermore, by not putting it in the accident book they are not acknowledging that an accident even occurred so you need to make sure this is done. Further still, your employer must contact HSE within the stated 10 days and complete a form F2508 (can be done online too).

 

This leaflet will tell you your rights and obligations as an employee.

http://www.hse.gov.uk/pubns/hse27.pdf

 

Good luck

 

MandM

[Helford]

You can report the accident here:-

 

HSE: RIDDOR - report an incident at work

[MandM]

Replied . Hope it helps,

 

M

[littledotty27]

UPDATE

Accident has been logged in accident book,but I should of been paid today & not received any payment.

As I don't have a contract,I know I am entitled to ssp instead of full pay.

I have tried calling employer,but have closed for xmas.

What can I do with regards to payment?