Injury at work

[Crapstone]

My daughter works in a well known chain of fast food restaurants. A fellow worker accidently caused a burn on her arm and she had to go to hospital resulting in the loss of the rest of her shift and the following day, ( she called in as they requested and they said not to attend). She has an 8' by 1' burn that has been bandaged and treated. I'm not happy that the only first aid given in at the time was a rubber glove filled with ice and they don't have a burns kit. She had to make her own way to hospital after they made her sign an accident book and then tried to blame her for being somewhere she shouldn't have been at the time but moan when she stays put when it's quiet.

 

Question is ..can she claim for her lost working hours that she could have worked and can she claim for injury?

[honeybee13]

Hello there. Do you think this is likely to be a lasting injury? And is your daughter still off work please?

 

HB

[Night Owl]

Hi Crapstone,

 

that is appalling treatment for a burn that happens whilst at work.

Any restaurant should have a basic burns kit or suitable first aid kit at the very least.

 

A burn is a very painful injury and can lead to permanent scarring if not treated correctly and immediatly.

As an employee she has every right to access to a basic first aid kit and immediate first aid care.

[papasmurf1cx]

Hi There should have been a first aid trained person there. They should have put the burn under clean running water and not infect the injury by direct contact. In addition they should have called an ambulance as burns need treating quickly as they potentially can scar. This is a large burn in a place that a young girl can easily be conscious of if a scar develops and psychological injury may yet develop if scarring is visible to the public eg when wearing short sleeves.

 

To answer you questions Yes she has a potential claim for injury and her financial losses. The company should have an insurer and you should strat something for your daughter. How old is she? Are you insured for legal protection? Normally this is part of home contents insurance. If not a No Win No Fee solicitor may take it on. If the injury is not too bad you may want to write and do it yourself. Depends of the seriousness of the injury.

[colin813]

Employers are liable for the actions of its employees. you state a fellow worker caused this burn? if so your daughter as suffered a personal injury through no fault of her own. the answer to your question is yes. your daughter can claim for her injury, loss of wages and all costs incurred in relation to the injury. eg. taxis to the hospital, doctors just get reciepts.

 

Even if your daughter was in a place she shouldnt have been this doesnt matter, what matters is your daughter sustained an injury caused by an act of negligence from an employee of her employer

 

your daughter can contact any no win solicitor and your daughter will get 100% of the compensation as your legal fees are paid by her daughters employer

[Crapstone]

It should have been inches and not feet! Sorry.

 

My daughter is 18 and the burn is on the inside of her arm from the crease of her elbow and down the inside of her forearm, caused by a deep fat fryer basket. It happened on Monday, told not to come in on Tuesday, back in on Wednesday and has had the bandage removed today (Friday). I told her not to sign anything and she said she had signed the accident book. I asked her to get a copy but the manager said that the pages had been removed and sent to Head Office. I would have thought it was a legal requirement to have a copy on site at all times? She's also looked at the first aid box and it contains only plasters and bandages with a list saying it should have a burns kit in it. The manager has said it's a suggestion and not a requirement. They are supposed to have first aiders but obviously the one on duty didn't have a clue.

 

It's a nasty burn and in an awkward place, it's still blistered and looks like it will leave a scar. She's due to go on holiday to Majorca on Tuesday so its put a bit of a damper on it as she'll have to keep it covered from the sun and not go swimming if the skin is still broken. As this is this the first day she has had the bandage off I've photographed it just in case. Thanks for the advice, I appreciate it.

 

And yes we do have legal protection with our home insurance but I'm also willing to this do myself if I can find what level of compensation she should receive.

Edited September 18, 2010 by Crapstone

[Night Owl]

All sounds a bit dodgy Crapstone.

Photographs are a good record and the fact that your daughter got hospital treatment, it's an independent official record of the injury sustained.

Why have the pages of the accident book removed for Head Office? Are they loose sheets that can be taken out or have they been ripped out? Sounds dodgy.

 

Good luck with this and hope your daughter recovers well and has a good holiday.

[Crapstone]

Hi Night Owl,

 

The sheets are removable, I'm not sure if they are perforated or binder style but I'd have thought they have to retain a carbon copy for H & S visits. The accident book should always be available on site AFAIK. She's having to keep the burn covered with vaseline so that's a problem when it comes to wearing anything long sleeved. We won't know for a couple of weeks if they will pay her for the lost hours but all signs seem to indicate they won't.

 

*Flexes knuckles*

[honeybee13]

The swines. I think you're right to pursue this and wish you well with it. Please keep posting.

 

HB x

[papasmurf1cx]

Don't do it yourself if you have recourse to a solicitor. Phone up the number on you policy and to get a claim form and get a PI solicitor on to it if you can. Just check that your daughter is still covered on the policy.

 

Add loss of enjoyment of the holiday to the of losses. You daughter should keep a diary of the things she was unable to do that her friends did.

 

You need to inform the DWP of an accident at work. I doubt that she will be entitled to Indutrial Injury Disablement Benefit but she should have a declaration she has had an industrial injury during her working life in case of any future problems.

[Crapstone]

Will do, but will keep taking photos as it's not going to be possible to claim yet until we know if she will scar and how it heals . She is keeping notes but still they haven't provided a copy of what she signed. I don't have much faith in PI Lawyers as they only look at their own interest.

[justace]

From what I've read so far, there appears to be breaches of the Health and Safety at Work Act by the employer.

Please take a look on the Health and Safety Executive (HSE) website for information.

More details would be needed to determine the extent of the employers failures but it is certainly a reportable incident under the legislation.

 

Employers have a particular responsibilty for the health, safety and welfare of young people, beyond that required for mature employees.

 

I do hope she fully recovers unscathed soon.

[colin813]

crapstone you should contact a solicitor who deals with pi whilst the burn is still visable they will tell you the best way to proceed

[Crapstone]

This is going to be difficult as my daughter goes away on Tuesday for a week and then I'm away for 2 weeks on Friday. Are there any companies to avoid? I've called my insurance company and waiting for them to get back . After further talks it seems that the first-aider did nothing other than getting the accident book and telling another employee to fill the glove with ice. They made a telephone call to a manager that said she had to go to hospital or would have to sign a disclaimer. It's appalling and burns happen there on a regular basis from faulty equipment and accidents. I'm going to have a look at the HSE website now. Thanks for your replies.

Edited September 20, 2010 by Crapstone

[papasmurf1cx]

If the claim is accepted by your insurer you will be allocated a solicitor from their list. This amy take some time to resolve, solicitors are not known for their speed of settling cases.