Accident at work....

[snapper_37]

Has anyone got any experience/know how about claiming for an accident that has happened at work?

It's not me, but the person works at a place where there is no sick pay etc. Shouldn't the company pay them since it's not their fault they are off sick? Accident form etc has been filled in but what's the next step?

Person has broken toes after shelving holding a photocopier collapsed (very poorly fixed to the wall with nails).

I know that when a chap here cut his finger off , he was paid in full and then the money was taken out of the insurance claim.

Cheers for any advice.

 

[Bman]

I would suggest the employee first start with their management/HR department.

If that fails, one of the no-win-no-fee firms will probably happy to help.

 

[dellzeqq]

this is what unions are for. Is your friend a member?

 

[snapper_37]

this is what unions are for. Is your friend a member?

They work for the NHS fulltime and a little part time job at a private nursing home. It's the home where the accident has occurred. Would the same union for NHS cover for nursing home? She will have to look into it I guess.

 

[Wigsie]

They work for the NHS fulltime and a little part time job at a private nursing home. It's the home where the accident has occurred. Would the same union for NHS cover for nursing home? She will have to look into it I guess.

I may be stereotyping but they like to cut corners and save money don't they? I am sure they will have some form of liability insurance at the very least but doubt there will be an HR department. your friend should have a word with the manager but if she is a pain in the bum and not helpful then just go straight to a no win no fee company, they will do everything. A guy I used to work with cut his arm open while we were cutting up a steel oil tank, it was pretty bad and was off work for 2 weeks and got only statutory sick pay.

He made a claim with a company and got 8k as it was ruled he didnt have the proper gloves (I had the only pair in the van ). Although he did fall out with the bosses and was only a matter of time before he left, so they have to be prepared for that.

 

[Headgardener]

Unison (the NHS staff union) have a legal department which should be able to advise you friend. They can be found at http://www.unison.co.uk/benefits/legal,asp .
This also sounds as if the dreaded HSE should be involved but I am not sure how or who should contact them.

 

[Paulus]

They work for the NHS fulltime and a little part time job at a private nursing home. It's the home where the accident has occurred. Would the same union for NHS cover for nursing home? She will have to look into it I guess.

Quite possibly, the union will probably have a firm of solicitors that they use. She should contact the union rep at her place of work for advice.

 

[snapper_37]

It's my OH tbh. She's ok but in a lot of pain (obviously). Nothing wrong with the mouth though....

The person who owns the home is very sympathetic and concerned ..... but hasn't mentioned money.

I don't want to make out we're being money grabbers, but neither of us can afford to lose wages.

Thanks for the advice everyone.

 

[Wigsie]

It's my OH tbh. She's ok but in a lot of pain (obviously). Nothing wrong with the mouth though....

The person who owns the home is very sympathetic and concerned ..... but hasn't mentioned money.

I don't want to make out we're being money grabbers, but neither of us can afford to lose wages.

Thanks for the advice everyone.

All the nicesties in the world is not going to put food on the table is it?

I know its a bit of a cold/harsh point of view but unless her boss is paying your bills then the company needs to pay something.

 

[ASC1951]

Most employers would pay full pay in those circumstances - certainly we would have, not that we ever had anyone injured at work.

I think your friend wants to be a little careful how he handles this. Accidents do happen and, even though this may be the employer's fault, no-one has set out deliberately to hurt her, so it isn't sensible for her to go in with an "I'm going to get every penny I can, you bastards" attitude, because she still has to work with these people.

She should get what he is entitled to i.e. full pay for any time off, reimbursement of any expenses (e.g. prescriptions) and a bit for the 'pain and suffering'. Any sensible employer would be offering that anyway.

Peering out from under both hats - until last summer I ran my own business, a firm of solicitors - I would go for:-
- proper discussion with her employer first
- take it up with the union, as dellzegg suggests, if she is in one
- local firm of solicitors, provided they have someone who regularly deals with PI cases (as most of them do).

I would be wary of a ClaimsDirect type outfit. TV and press advertising is hugely expensive and the cost is recovered by worse service IME: unqualified staff doing most of the work, minimal client contact and excessive workloads.

I would also be wary of jumping into a No Win No Fee arrangement. When the risk of losing is minimal, there is little advantage in it for the claimant. All solicitors can offer that arrangement, so discuss the pros and cons. BTW, many of the claims farmers make a steady income out of commission on litigation insurance and try to push claimants into it.

 

[snapper_37]

All the nicesties in the world is not going to put food on the table is it?

No but I think it's important to try and keep things civil and sensible. I've suggested she speaks to him later in the week and brings up the subject of salary.

 

[nigelb]

Worse, what if the next person who gets hurt there doesn't "get away" with broken toes?

There must be employer liability insurance in place, this does constitute a notifiable incident in terms of HSE, and not losing wages is a minor consideration compared to the compensation for the pain etc.

Sorry, but you really have to go through the front door with this one. Heaven forbid, but what if long term health problems occur? Union is a good first stop, failing that you can contact the HSE directly yourself.

Need to have a polite but firm chat with the guilty employer, ask for details of how you make your insurance claim against them.

Nige

 

[snapper_37]

Need to have a polite but firm chat with the guilty employer, ask for details of how you make your insurance claim against them.

Nige

Thanks Nigel. Don't worry, my OH is not backward when coming forward.

Also got some good advice on here so thanks all.

 

[Theseus]

I thought that broken bones needed to be reported to HSE through RIDDOR, but it turns out that this excludes toes.

 

[Wigsie]

No but I think it's important to try and keep things civil and sensible. I've suggested she speaks to him later in the week and brings up the subject of salary.

Of course, I was not implying she tear into them at the first opportunity, just that in all likely thood the manager/owner's are being nice and supportive while thinking "shoot!! I may have to pay her for the next few weeks, worse still she could claim for compensation and bump up our insurance premium next year"