Injury @ work lead to cellulitis

[HoracePinker]

Hi,

 

I received a cut on my shin about 3-4 weeks ago when I open the door of my work van and something fell out and hit me.

It was recorded in the accident book.

 

On Monday (bank holiday) it was hot, red and pain full so

first thing on Tuesday I went to my GP where I was told I had cellulitis.

I was put on antibiotics an told to take the rest of the week off of work.

 

I have to go back to the GP tomorrow as they want to check that its healing ok and not going ulcerous.

 

I am not getting paid for this time off which seeing as it was caused by an accident at work seems a bit unfair to me,

I have only been with the company since Oct last year.

 

I would like some advice on if there is anything I can do to claim some money as I cant really afford to not get paid.

(Its only a small company with approx. 12 people working there.)

 

 

Thanks in advance

 

 

HP

[Emmzzi]

Put in an insurance claim - you would need to show the company was at fault in some way.

 

I think you should be getting SSP after the first few days however?

[BankFodder]

Take lots of photos and keep lots of notes.

Ask your doctor if he would confirm in writing that your condition was caused by the accident at work

[Sidewinder]

Bankfodder's advice is sound. If the company do not pay sick pay and if the item fell out and injured you due to the company's negligence, then you should be looking at a personal injury claim. In order to pursue that, then photographs, witness evidence, medical opinion will all be relevant.

 

If the company cannot be held responsible - for example if you loaded the equipment on the van yourself, then there may not be much that you can do. With injuries at work, then the employer will often pay you as normal as if there is even the slightest suggestion that there may be a PI claim for which they could be liable, then lost wages would form a large part of any settlement - in paying you whilst you are off they are mitigating your losses to simply ones of any immediate distress, medical costs or long term damage due to the injury. If however there is little chance of liability - for example if you loaded the van and had received adequate guidance in the importance of doing so safely in order to prevent such accidents, then they would feel on safer ground not paying you whilst you are off.

 

Basically there is no obligation to pay your wages whilst off due to a workplace accident, but it may reduce any later payout for damages if they are held liable after a personal injury claim.

 

As stated above, you should qualify for SSP from the fourth day of any period of absence.

[SabreSheep]

If as a result of Accident at work, I wonder if they will make a RIDDOR report. You can also make one yourself online

 

"Over-seven-day incapacitation of a worker Accidents must be reported where they result in an employee or self-employed person being away from work, or unable to perform their normal work duties, for more than seven consecutive days as the result of their injury. This seven day period does not include the day of the accident, but does include weekends and rest days. The report must be made within 15 days of the accident."

 

 

Ref:http://www.hse.gov.uk/riddor/

[JoeyJoeC]

Who put the thing in the van that fell on you?

[ScarletPimpernel]

Take lots of photos and keep lots of notes.

Ask your doctor if he would confirm in writing that your condition was caused by the accident at work

 

I suspect that he may say that the cellulitis is an infection secondary to the cut. I'm sure the accident book was filled in with details of the cleaning and dressing of the wound.