Fractured Wrist At Work. HELP PLEASE !!!!!

[kaz12345 1]

2 weeks ago I was carrying a box which I had lifted from a shelf and as i turned to return to my seat I tripped over a box in work (a small factory) that was protruding from shelving on the floor level shelf.

 

When I fell, I hit my forehead off the concrete floor, cracked a tooth, which has since broke in half and fell out, I have also fractured my scaphoid bone in my right wrist and I am right handed, which means that I am struggling to do everything.

 

I have been in work ever since it happened, I had been given light duties which I was managing fine, until they decided to change the job I was comfortable doing with a cast on my arm.

 

The job that they changed for me to do did cause a slight discomfort and was awkward with a cast on my arm. One of the other workers suggested to my supervisor, a less awkward job but she was swiftly told no.

 

The next morning I was called into the office by my supervisor, my manager was in the office too when I went in. He said he overheard me yesterday saying my arm was sore, he must be a mind reader because I honestly dont recall saying that to anyone. He then told me that because of this, he was sending me home, it was in the interest of the company and my own wellbeing, and that he couldnt afford for me to possibly injure my arm further.

 

I could fully understand what he was meaning, but it was them that gave me a different job to do, the job that I was taken off, somebody still had to do it. It was not my fault that their shelving was inadequate and did not house the box properly because the box was too long and protruded out at foot level. He told me to go home, and when I said I couldnt afford to, what about my wages.

 

He told me I would get SSP as that was what I was entitled to, as soon as he said that he walked out of the office leaving the door wide open for everyone on the 'shop floor' gawping in at me. I felt so humiliated, I was very upset, especially as I had no money with me to get home as I always got a lift home when I finished work from another employee.

 

I had to get my partner to come over in a taxi to take me home.

 

Can anyone tell me if this is the proper procedure that has been taken, can he just send me home like that with SSP. Im not sick, 'HE' has deemed me unfit for work due to a Health & Safety issue, neglegence to provide adequate shelving for the boxes that are put on them.

 

It was not my fault that the shelf was not deep enough to contain the boxes , so how can I claim SSP if I am not sick. SSP wouldnt even pay my rent, never mind food and bills as well.

 

I would be most grateful for any help or advice that anyone can give me

 

I forgot to add that they now intend to replace the shelving ASAP for insurance purposes against flooding. Seems strange to me that those shelves have been there for the 6 years Ive worked there and suddenly the have to be changed.

Edited February 15, 2013 by kaz12345
Inserting additional information

[Emmzzi 3,600]

what does your fit note say?

[citizenB 10,186]

Does sound very unfair. Was the accident book completed at the time of the accident. Is the company going to be paying for your dental charges to have your tooth capped sorted ?

 

I am sure there will be people looking in over the weekend.

[kaz12345 1]

Hi Emmzzi,

I never had a Fit Note. I was back at work 1 day after I had the accident, they were giving me light duties so I didnt really mind.

[Emmzzi 3,600]

I think you need to go get a fit note. Clearly you cannot do your own job. They shouldn't be paying you SSP without a fit note. It's a real mess - on both sides!!

[Sidewinder 3,750]

The employer is absolutely within their rights to send you home, but will have to pay you as normal for the day that they sent you home, although can only pay you SSP thereafter. They should though only force your absence if either medical opinion, or a workplace risk assessment indicates that your presence either poses a risk to self or others, or that working might exacerbate your injury. So, see your GP and ask for an opinion (written if necessary) about being able to work. Does the employer have any Occupational Health provision?

 

Much as I am normally loathed to suggest a personal injury claim for the sake of it, from what you have outlined above I would suggest that there is a clear cause of action her in that the employer may have failed to ensure your health and safety, resulting in injury. Especially as it seems that you will be losing wages until this is healed, and as the dentistry may incur cost to yourself, if it were me, I would be making a claim for personal injury and lost earnings due to negligence. I am sure that you can take your pick of any of the NWNF firms and they will be only too pleased to take up your case.

 

Of course if you face a prolonged absence due to a workplace injury then the employer is legally obliged to report it to the authorities, which could well result in a rather tiresome visit from th elocal Environmental Health department or Health & Safety Executive!

 

I sometimes despair of employers who act over hastily when it comes to what could have been a simple matter of treating the employee properly - ease the workload, make sure that you are comfortable, fix the cause of the problem and where there is fault, make sure that the employee doesn't lose out financially. It really isn't hard...

[kaz12345 1]

Hi CitizenB,

Thanks for your reply. The accident book had not been filled in until I asked about it 3 days later. As to paying for any treatment, I doubt it. I was told to go home and I would get SSP as that is what he says I am entitled to.

[citizenB 10,186]

Have a read of sidewinders post at number # 6 some advice given there.

[kaz12345 1]

I didnt even know such a thing as a fit note existed until recently, I expect it to be a mess on my side as I have never had to deal with anything like this before, this is the main reason I am looking for advice on here. I want to do things properly and seeking advice how to do it. But surely an employer should have some idea how to deal with a situation like this properly. Im not an expert but I feel that I have been treated very unfairly by them

[citizenB 10,186]

Fit notes are "return to work" notes..

 

I would most certainly have thought that a company would know exactly what to do when someone is injured through company negligence. Is this a large/small/medium company ?

[kaz12345 1]

I think they might be classed as a small company, there are only 20 of us on production and maybe about 30 in other areas

[citizenB 10,186]

They should still know what they are doing, I would have thought.

[Sidewinder 3,750]

The size of the organisation does not matter. They have a responsibility to protect you from injury in the workplace, and having failed in that duty are now not willing to make sure that you are paid whilst the injury heals. I would feel very let down.

[ericsbrother 3,537]

You need to go to your doctor and get him/her to fill out a sick note that states what your illness/injury is and when you will be fit to return to work. If your doctor says you can return to work then your employer cannot lawfully refuse to let you return. I would also contact the Health and Safety Executive and inform them of your accident and tell them how long you have been absent for. Your employer is obliged to tell them of any accidents that require absence from work but I would bet that they havent done this yet and will not do so bearing in mind how you have been treated so far. Once the accident has been properly notified get advice on claiming for you losses (loss of pay, injury and any other costs) on their employers liability insurance. Again, they are unlikely to volunteer this information so you need to approach it in a manner that they cannot ignore.

[borisbeaver 152]

This would also be RIDDOR reportable.