Accident at work-inguinal hernia injury

[bloomingflower]

HI All

 

I apologise if this post is a bit long winded..

 

I hope someone can give me some good advice regarding my husbands injury which happened while at his place of work.

 

My husband works as a delivery driver which also requires a lot of manual handing/heavy lifting and pulling,dragging etc of objects weighing ranging from 1160kg,66kg,80kg,86kg,45kg etc...

 

A few weeks ago,while at work he was complaining of pain in his groin area. My husband tried to carry on working the full day regardless of his pain ,but in the end he could not cope any longer. And so my husband asked his branch manager if he could possibly leave as soon as possible ,or at least leave a bit early to see his GP. Branch manager said this was not possible due to lack of staff and the deliveries needed to be completed.

 

My husband came home after work, looking so pale, sweating profusely and barely able to stand up with the pain. We urgently saw a GP at a walk in centre,and he confirmed my husband had an incarcerated inguinal hernia which required emergency surgery. He was admitted into hospital the same evening.

 

The GP was disgusted to hear that my husband was told to carry on working while he was in that condition. My husband is now recuperating at home since having his surgery.

 

My husband has been working for this company for nearly 7 years and has been a loyal employee during that time. However, he has brought up his concerns with regards to the safe lifting of heavy objects on numerous occasions. He has to lift, pull and push on his own which require at the very least two people on certain occasions.

 

Sadly, my husband's plight had fallen on deaf ears and his health and safety concerns are ignored by branch manager and the Company. It looks like the company holds a 'like it or lump it' policy.

 

His GP has commented that his injury, unfortunately, was an accident waiting to happen.

 

During these 7 years, my husband knows of no proper risk assessments being carried out by the Company at all. Also, he has never been on any manual handing training courses provided by the company.

 

 

Any advice would be much appreciated.

 

many thanks

Edited July 25, 2010 by bloomingflower

[benny1970]

Hello,

 

First thing you need to do is that make sure it is reported in the accident book. Secondly because it is a loss time accident,this needs to be reported to the H&S executive. This should be done by your company. However not all companies will do this so please phone the H&S executive yourself. I have done this. You will not get into trouble. It must be done by law. Next make sure your husband keeps a diary of everything in relation to the accident. Coversations, telephone calls etc. Also I would keep log on everything you spend because of the accidents-travelling to and from hospital, prescriptions etc. Next your husband should consider making a personal injury claim. Your employer has a duty to look after you. If you husband is in the union they will be able to help you with your claim. I would also suggest that your husband write a grievance letter to the company with regards to the accident and what what said after the accident. Do this asap. Do not be afraid of doing these things. They will protect you in the long run if your employer get funny over the time taking to recover etc. I have been there myself. Don't be surprised if they start to make your life difficult. As long you do the above this will give you a better outcome:).

[postggj]

as stated

 

this needs to be reported to the hse

 

your employer needs to record this on the erica and as injury has occured, the riddor system

 

as stated

 

its now a legal requirment and your company has failed in its duty of care

 

i am a health and safty officer myself

Edited July 26, 2010 by postggj

[Greer8472]

RIDDOR I do believe.

 

Add a side note to that, not all companies use the "accident book" they could be using their own system for reporting but from that they should decide if you were still fit for work. Going by what I set out at my former work place your husband should have access to H&S records such as Risk Assessments, Safe working procedures documents, policies.

Of course anything confidential he can't access if it’s not his own.

 

Just out of interest ask you husband where there any H&S documents on the walls in around the work place? there should be.

 

Going from my experience I know a lot of people don't take a blind bit of notice of all this H&S stuff on the notice boards where they can learn they are protected by law. I am saying this might not be the case but it happens.

Edited July 26, 2010 by Greer8472

[bloomingflower]

Hi there:)

 

I have just this minute logged on and found some good advice..thankyou to benny1970, postggj, and greer4872 so far for your replies..

 

I have copied your posts into my post below,so that I can reply to each of your questions point by point as follows...my replies are in red text..

 

 

First thing you need to do is that make sure it is reported in the accident book. My husband attended a sickness review meeting,and was told by his area manager that his injury is not classed as an accident,and therefore it will not be recorded in the accident book. He said an accident is classed when you have a fall,or hit by something. (My husband was totally shocked what he was told)

 

Secondly because it is a loss time accident,this needs to be reported to the H&S executive. This should be done by your company.As far as my husband knows,the area manager or the company has not reported his accident to the HSE.

 

However not all companies will do this so please phone the H&S executive yourself. We will phone the HSE ourselves,this is something we didnt know we could do ourselves and my husband was not aware that the company should of done this and is a legal requirement. (thankyou all for letting us both know). I have done this. You will not get into trouble. It must be done by law. Next make sure your husband keeps a diary of everything in relation to the accident. Coversations, telephone calls etc Yes,we have definately kept records of what was said right from the word go. Also I would keep log on everything you spend because of the accidents-travelling to and from hospital, prescriptions etc. Next your husband should consider making a personal injury claim. Your employer has a duty to look after you. If you husband is in the union they will be able to help you with your claim. Unfortunately,my husband doesn't belong to a union I would also suggest that your husband write a grievance letter to the company with regards to the accident and what what said after the accident. Do this asap. Do not be afraid of doing these things. They will protect you in the long run if your employer get funny over the time taking to recover etc. I have been there myself. Don't be surprised if they start to make your life difficult. As long you do the above this will give you a better outcome.

 

 

as stated

 

this needs to be reported to the hse

 

your employer needs to record this on the erica and as injury has occured, the rigor system

 

as stated

 

its now a legal requirment and your company has failed in its duty of care

 

i am a health and safty officer myself

 

Thankyou postggj,its really good to know that you are here to ask advice my husband has had concerns with regards to health and safety at the company for a long time.

 

 

Add a side note to that, not all companies use the "accident book" they could be using their own system for reporting but from that they should decide if you were still fit for work. Going by what I set out at my former work place your husband should have access to H&S records such as Risk Assessments, Safe working procedures documents, policies.Where can my husband get access to these documents? also,my husband knows for sure that the company has not carried out any proper risk assessments of any kind, If they have,then they have kept the staff in the dark about them

Of course anything confidential he can't access if it’s not his own.

 

Just out of interest ask you husband where there any H&S documents on the walls in around the work place? there should be. That's a good question, Not as far as he knows,no

 

Going from my experience I know a lot of people don't take a blind bit of notice of all this H&S stuff on the notice boards where they can learn they are protected by law. I am saying this might not be the case but it happens.

You are absolutely right about people not taking notice of the H&S documents. My husband really doesn't have a clue about his rights or what to do in a situation like this. All he knows is that he is not happy with the situation with regards to the safety of heavy manual lifting before his injury,and the company,as postggj has said they have failed in its duty of care. etc

Edited July 26, 2010 by bloomingflower

[Greer8472]

First thing you need to do is that make sure it is reported in the accident book. My husband attended a sickness review meeting,and was told by his area manager that his injury is not classed as an accident,and therefore it will not be recorded in the accident book. He said an accident is classed when you have a fall,or hit by something. (My husband was totally shocked what he was told)

 

 

Even I am shocked about this. Even a cut is an injury. Yes a lot of people don't report it but it can become infected. Worse case bah bah bah you could lose you finger and it should be reported.

 

How big is this company roughly as the law can be different if there is less than 10 or 5 people I can't remember. Are there any health and safety reps? any first aiders? Is there a Health and Safety manager on site, or off site?

 

Going back on track what planet are they on? This is a personal injury in my books and should of been reported. I am pleased you are phoning up HSE about this they will not be pleased and if they are called in the company can't stop them. They have the same rights as Immigration Offices I.E. don't need a warrant and don't have to announce a visit.

 

I would be crapping my self if I was the manager if risk assessments and safe working procedures have not been drawn up. You can ask for those documents to be shown or if the manager is not responsible ask who is? and if you can not obtain anything and can't get an answer report this to the HSE too.

 

Regards to lifting and pulling. Any weight your husband is not comfortable with he should be able to ask for something to help aid him like a trolley etc also he is within his right to ask for assistance. This is where Safe Working Procedures help. It lists what it's your responsibly to do and the companies.

 

It’s strange. When someone got their finger caught in the door and a bit got chopped off I was just the Health and Safety Senior rep on site and it was action stations. The area Health and Safety Manager was ringing like crazy and so was the Top company Health and Safety Manager was doing too and wanting these RIDDOR forms filled in ASAP and they were ****ting their selves and they had all the documents on site.

Edited July 26, 2010 by Greer8472

[postggj]

as this involved a hospital addmission due to a work related matter, by law, the hse need to be told as this is a riddor incident

 

phone them up and ask for advice

[postggj]

by law now the riddor reports are done online

[Greer8472]

just add something to last post. Yes a cut is reportable but not RIDDOR. Make sure I just clear that up

 

Phone HSE like postggj has mention above for advice It would be intresting to know what they say.

[bloomingflower]

Dear Greer8472 and postggj and benny1970

 

 

I would just like to say a big thank you for directing us to the HSE and all your help so far. Both me and my husband really appreciate it.

 

In addition to all your advice we have also been reading up on the HSE website about how his company should be required by law to do a Riddor report. This has certainly opened our eyes

 

We will ring the HSE tomorrow and give you all an update as soon as we know what they have said ..many thanks bf xx

[bloomingflower]

Hi all

 

 

I have just phoned the HSE this morning,and they will be getting back to us within the next 5 days to see if the company my husband works for has reported his accident to them under the Riddor..

 

 

The HSE also told me to contact the DWP? with regards to the issue of the company not recording his injury in the accident book. I explained to them that from the point of my husbands pain/hernia injury,he was admitted into hospital and did not have time or was unaware that the accident should have been recorded by his branch manager ,but the good news is the HSE have said my husband can still do it himself as there is no time limit.

 

I have been trying to find out who to speak to at the DWP. I don't even know where to start and am not sure why I have been directed to the DWP?

 

Please can someone advise? many thanks bf xx

Edited July 27, 2010 by bloomingflower

[honeybee13]

I'm confused too, haven't heard of this before. Do you feel able to ring the HSE again and ask for more information?

 

HB x

[benny1970]

They maybe referring to industrial accident benefit through DWP.

[benny1970]

Alternatively do you have content insurance with legal cover. You can phone them.

[honeybee13]

Benny, I don't know if your post is going to be left on here by the site team. A few people have put on lawyers' details in the last couple of days, and I think they've all disappeared. The site rules don't allow advertising.

 

HB

[benny1970]

Thanks. Have edited it.

[bloomingflower]

Hi

 

Thanks everyone, I will now delve a bit more deeper at DWP..and thank you to benny, we didn't know about the industrial accident benefit.

 

I will update here as soon as we hear back from the HSE with regards to the riddor report and whether my husbands company have done their duty. many thanks bf xx

Edited July 27, 2010 by bloomingflower

[CarolineT]

Hi, This is an accident at work and is reprtable under RIDDOR regulations

pleae see below, I have filed in several of these. you fall in the over 3 consecutive days off work

By phone: 0845 300 99 23 (local rate)

Online: HSE RIDDOR - Report online[9] By email: [email protected]

By Post: Incident Contact Centre, Caerphilly Business Park, Caerphilly CF83 3GG.

 

As an employer, a person who is self-employed, or someone in control of work premises, you have legal duties under RIDDOR that require you to report and record some work-related accidents by the quickest means possible.

 

You must report:

• deaths;
  
• major injuries;
  
• :roll:over-3-day injuries – where an employee or self-employed person is away from work or unable to perform their normal work duties for more than 3 consecutive days;
  
• injuries to members of the public or people not at work where they are taken from the scene of an accident to hospital;
  
• some work-related diseases;
  
• dangerous occurrences – where something happens that does not result in an injury, but could have done;
  
• Gas Safe registered gas fitters must also report dangerous gas fittings they find, and gas conveyors/suppliers must report some flammable gas incidents.
  

Hope this helps

 

Caroline

[bloomingflower]

HI Caroline

 

Thank you so much for this valuable info..we both appreciate this

 

We are now just waiting to hear back from the HSE,they say they will check on their systems to see if my husbands company have adhered to their responsibilities with regards to the riddor regulations.

 

Thankyou to everybody on this board so far for all your help

 

I will be back here if anything else crops up in the meantime...

 

 

bf xx

[CarolineT]

Hi

 

Its no problem at all, your Husband should have been sent to the doctors directly, accident formed filed in before he left, Riddor can be done ASAP after, previously I have visited a driver in his home to file my RIddor on time, If your company has not completed RIDDOR and no accident form - Its bad business, they leave the door open and invite the HSE to come in and "check our records" and they mean all records including Training, risk assessments, Safe systems of work etc etc

BTW the Fines are high !!!!

[postggj]

just add something to last post. Yes a cut is reportable but not RIDDOR. Make sure I just clear that up

 

Phone HSE like postggj has mention above for advice It would be intresting to know what they say.

 

a cut finger say is done under the erica system

[Greer8472]

Hi

 

Its no problem at all, your Husband should have been sent to the doctors directly, accident formed filed in before he left, Riddor can be done ASAP after, previously I have visited a driver in his home to file my RIddor on time, If your company has not completed RIDDOR and no accident form - Its bad business, they leave the door open and invite the HSE to come in and "check our records" and they mean all records including Training, risk assessments, Safe systems of work etc etc

BTW the Fines are high !!!!

 

The problem was that her husband's employers did not recognise the accident in the first place hence the problem with this being reported or not.

 

IF the hernia injury was due to manual handling then yes then it should of been reported there and then and decided if he was still fit for work by discussion by both parties. If this is the case not being aware of the possibility of this type of accident makes me shocked as it is if not the major type of injury you can get in the workplace.

[bloomingflower]

The problem was that her husband's employers did not recognise the accident in the first place hence the problem with this being reported or not.

 

IF the hernia injury was due to manual handling then yes then it should of been reported there and then and decided if he was still fit for work by discussion by both parties. If this is the case not being aware of the possibility of this type of accident makes me shocked as it is if not the major type of injury you can get in the workplace.

 

 

Hi everyone

 

 

I haven't been on-line for a few days,so am now posting quite late to update on my husbands situation...

 

The last time I posted was when I was waiting for the HSE to get back to us ,regarding a riddor report,and if my husbands company filed one in relation to his injury which happened at his place of work.

 

The HSE phoned us and said that no report had been filed by his company.(surprise surprise ) Please can someone advise what do we do now? if anything..

 

We have also since filed a claim for personal injury with a company who deal with personal injury claims.

 

In response to the above post by greer8472 - yes,you are quite right. The problem is that his company and branch manager have not recognised his accident, either through genuine ignorance,or playing ignorance.TBH, we would take a hazard guess and say its the latter. This injury was due to awkward manual handling as my husband had to lift a 300lb site vault onto his transit tail-lift on his own,without any help or without any form of mechanical aid.. This has always been the case .Health and Safety have always been ignored.

[honeybee13]

Hello again. For the RIDDOR matter, I'd go back to the HSE. I think their website talks about an employer failing to report an accident. And HSE can decide on an unannounced inspection, I know.

 

HB x

[bloomingflower]

Hello again. For the RIDDOR matter, I'd go back to the HSE. I think their website talks about an employer failing to report an accident. And HSE can decide on an unannounced inspection, I know.

 

HB x

 

 

Hi Honeybee

 

Many thanks for your reply.

 

we will now do this and get back to the hse.I am also having a look on thier website for the relevant info...

 

 

thankyou BF x