Accident at work - help!!

[stuckinarut11]

I had an accident at work last month. This was due to erratic behaviour in an office. I am a night worker.

 

 

I have suffered muscle damage and also permanent dis-configuration of a bone in my chest resulting in what looks like a hernia just below my breast bone.

 

 

I have been referred to orthopaedics and physio team, however as this accident resulted in an infection I was admitted to hospital as an emergency by my GP, this was several days after the accident as I passed off the pain, didn't want to make a fuss, thought it would pass.

 

 

I have reported this to my employer via email as I am currently off sick, they are failing to acknowledge the accident and will take no further action.

 

 

I have a witness statement which confirms I suddenly yelped out this was at the time of impact.

 

 

I work for a global company with the UK sector having their own Exec team here in the UK.

[Emmzzi]

"erratic behaviour"?

 

more detail please.

[stuckinarut11]

A member of staff falling against my chair resulting in my chest being crushed against a wooden work station this was as I was seated on a wheelie chair working.

The staff member who fell was hyperactive prior to falling not normal behaviour with another member of the team.

Prior to him falling I had given instruction to get out of my personal space and get away from me, with that one tickled me and said cheer up at this time he lost his balance.

Bare in mind I was seated, Forward facing this was occurring behind me.

[Emmzzi]

ok.

 

In the accident book?

 

Generally I'd just whack in a claim against their insurance. Get a solicitor's advice.

[stuckinarut11]

They are failing to log it in the accident book, as it was not reported promptly.

 

 

Whack in a claim, I'm still employed

[stuckinarut11]

When a grievance was submitted, I was advised the incident has been investigated and as a result we will not be taking any further action.

[Emmzzi]

Whack in a claim! You don't need to be made unemployed to claim!

[obiter dictum]

Any absence resulting from a work place accident will be a RIDDOR.

 

Reporting of Injuries, Diseases and Dangerous Occurrences Regulations

 

It is down to the employee, not employer if an accident has occurred

 

Use this below

[obiter dictum]

Dear sir/madam

 

I am writing this letter as to the reluctance of the business to record the accident I sustained on duty as of the XX/XX/XXXX

 

I respectfully request the business reconsider its objections as to the recording of that accident.

 

Legislation

 

I now need to draw to the attention of the business the relevant statutory legislation on the recording of injuries when at your place of employment.

Legislation contained within Regulation 25 Social Security (Claims and Payments) regulations 1979.

 

Subsection 3 dictates:

 

(3) Every owner or occupier (being an employer) of any mine or quarry or of any premises to which any of the provisions of the Factories Act 1961

applies and every employer by whom 10 or more persons are normally employed at the same time on or about the same premises in connection

with a trade or business carried on by the employer shall, subject to the following provisions of this paragraph—

 

(a) keep readily accessible a means (whether in a book or books or by electronic means), in a form approved by the Secretary of State, by which a person employed by the employer or some other person acting on his behalf may record the appropriate particulars (as defined in regulation 24) of any accident causing personal injury to that person; and

(b) preserve every such record for the period of at least 3 years from the date of its entry.

 

In particular with regard to the above regulation:

 

1. The accident book or equivalent must be readily accessible.

2. It is a matter for the employee, not the employer or any one acting on behalf of the employer, whether an entry is made in the accident book or equivalent.

3. There is no restriction on the nature and type of accident and injury that can be entered into an accident book or equivalent. It is for the employee to determine whether or not they have sustained a personal injury and whether they have been involved in accident.

4. There is no restriction on the time within which an accident has to have occurred in order for an employee to make a record in the accident book

or equivalent. Regulation 25(3)(b) implicitly recognises that an entry may be made in an accident book at some point after the accident occurred.

 

 

I must bring to the attention of the business the following. The failure to provide a proper, accessible, accident book or equivalent may amount to a breach of statutory duty pursuant to Regulation 5 of the Management of Health and Safety at Work Regulations 1999.

 

I will now comment as the RIDDOR 1995 Regulations and as to the compulsory statutory reporting

 

Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995.

Regulation 3(1)(II) stipulates that an employer has the statutory duty to submit a report through the accident reporting process within 10 days if the injury incapacitates the employee for more than 7 days.

 

Recent changes introduced by the Welfare Reform Act 2012 as to industrial injury/ Benefit/ or both mean that employees are no longer allowed to simply register an injury with the DWP. It is therefore a legal requirement that any injury is logged at work in the first place. If any injury or sickness that is not recorded properly then the employees position at work (should sickness issues be relevant), or future pension arrangements might be in jeopardy.

 

I respectfully request an appointment for an urgent meeting to try and resolve this issue.

 

Yours sincerely

xxxxxxx

[Ganymede]

A member of staff falling against my chair resulting in my chest being crushed against a wooden work station this was as I was seated on a wheelie chair working.

The staff member who fell was hyperactive prior to falling not normal behaviour with another member of the team.

Prior to him falling I had given instruction to get out of my personal space and get away from me, with that one tickled me and said cheer up at this time he lost his balance.

Bare in mind I was seated, Forward facing this was occurring behind me.

 

Is there a history of "erratic behaviour" from this individual? Have you made previous complaints about him to your employer?

 

Without the above I think the prospects of your being successful are very slim if not non existent.

[SabreSheep]

You yourself can make a riddor report as well. Many people forget this.

 

The HSE will then want to know why the company did not report it themselves.

[Sidewinder]

I am seeing 'erratic behaviour' as being 'horseplay'?

 

As above this absolutely needs to go in the accident book and be reported under RIDDOR - although the incident may well be one in which an individual caused injury, the employer is jointly liable in that they should take reasonable steps to prevent horseplay in the workplace. The employer cannot refuse an entry in the accident book and you should push that point - I presume that the incident was reported to the employer by some means at the time or as reasonably practicable afterwards?

 

I suppose the issue of a personal injury claim will depend very much on whether you are being paid whilst off sick and whether there will likely be any long term health issues as a result, but with a vicarious liability there could potentially be grounds to claim if damage has been done

[obiter dictum]

An accident is an unforeseen event that causes bodily injury or damage to property

 

An incident is an event that has the POSSIBILITY to cause bodily injury or damage to property.

[SabreSheep]

You yourself can make a riddor report as well. Many people forget this.

 

The HSE will then want to know why the company did not report it themselves.

 

Looks like things have changed. Only the employer or a saftey representative or "competant" person can make a proper riddor report.

 

However anyone can raise a "Concern" with HSE

[obiter dictum]

Most major employers have electronic reporting systems for accidents.

These systems will automatically make the report with no manual intervention

 

It is for that reason why managers will try and stop you recording the accident

 

Depending on the size of the employer enforcement has now been delegated to the Local Authority Environmental Health Departments

 

The HSE no longer do routine inspections anymore thanks to this sorry excuse of a Government except things like the nuclear and airline industry.

[stuckinarut11]

Thanks to all especially the letter template from capquest worst nightmare.

 

I was called in yesterday for a formal sickness review as I have been off for over 4 weeks.

 

During this meeting consent was requested from my employer to access my medical records under the access to medical reports act 1988.

 

I have asked to think about this before signing the consent form which was already printed out in the meeting and was placed in front of me.....

 

In my opinion they are asking for this rather soon, especially as this is prior to solicitors being instructed. I have spoken to several and all are happy to take this on a no win no fee basics. However I am yet to give the nod as I do like my job.

 

I will say the employers changed there tone so to speak once they seen the injury and were informed of the future prognosis which is lifetime disfiguration.

 

Advice guys should I allow access at this time or not?

[becky2585]

Your sickness absence management process is separate to any personal injury claim.

 

Check your contract/staff handbook - refusing to consent could be a disciplinary offence and if you refuse to comply then they'd have to make a decision on your future employment without medical evidence and may decide to dismiss.

 

Usually better to consent.

[stuckinarut11]

The company policy states lomg term absence is anything over 6 weeks.

 

Accces to medical records is only mentioned in:

 

1. Persistent Short Term absence ( does not apply to me)

2. Long term absence ( have not been off six weeks as of yet)

 

This is why I am cautious as it's not as per policy they are requesting this 2 weeks early...

[Sidewinder]

How long are you currently signed off for? Does the current sick line take you beyond 6 weeks?

 

My opinion - and it is only an opinion - is that there seems little point in making a fuss. You have been injured at work and are investigating a personal injury claim. If the report serves to confirm your position, then why raise an objection that the employer wants early sight of this?

[Emmzzi]

How long are you currently signed off for? Does the current sick line take you beyond 6 weeks?

 

My opinion - and it is only an opinion - is that there seems little point in making a fuss. You have been injured at work and are investigating a personal injury claim. If the report serves to confirm your position, then why raise an objection that the employer wants early sight of this?

 

I agree; always best to pick your battles, this one is unimportant

[honeybee13]

You can ask to see your doctor's report before it goes to the employer. I don't think they should be trawling through your medical history, just the parts that are relevant to the accident.

 

HB

[obiter dictum]

You say this is a Global company that you are employed wih

 

Have they their own Occupational health provider??

 

If so it is them that need to be requesting this information, not your employer on anything to do with your current condition

 

That way your medical records stay private and you decide what is released to your employer through Occupational health and that report is relevant to your current condition

[stuckinarut11]

Hi all.

 

Apologies I missed one important word and that being FULL medical history.

 

My employer to date has

 

Original admission letter, with all the injuries recorded.

Also

They have a list of all medication that has been prescribed

Also

They have had sick notes

But on top of this they have had a medical report from my GP regarding the injury as well as the hospital report. Deatailing what tests were undertaken and the diagnosis and prognosis

 

They want my full medical history from the day I was born.

 

The company do have an occupational health team outsourced however it was my line manager who produced this access to medical records form.

[Emmzzi]

oh, no, that's not relevant at all

 

ask in writing why they need it and the relevance?

[obiter dictum]

Stuff your line manager and this access to medical records. He has no right to be demanding this information

 

You need to send an email with an immediate request to be referred to Occupational Health

 

Go above the line manager if you have to, direct to the department head or direct to HR

 

Who the hell does he think he is

 

He might be a manager but he is still an employee, the same as you