Work liable?

[mwesty1]

Hi guys,


I work for a big home delivery group delivering white goods. I slipped and fell on a taillift recently injuring my knee and ankle. It was due to the night shift loading the van and putting it outside ( which always happens). Due to it being freezing the taillift had got frozen in parts and half way through the morning l indeed slipped on a frozen part and injured myself.

I spoke to a claim company and they said that it would be hard to prove company was negligaint as it always and still does happen but surely this is wrong. I have injured myself due to the taillift being unsafe and l must have a claim? Not only this they refuse to pay the first 3 days even tho the injury happened at work.

Any advice would be appreciated

Mike

[di30]

Re: Work liable?

Hi Mike

Sorry to hear of your incident.

And yes you have every right to request for compensation for your injuries, and especially as it was fault of the night shift.

Did you report this incident?
Do you have a union (a member of the union)?

Was you treated by the hospital?
And any time off from work due to this accident?

[shell]

Re: Work liable?

First off, do you have a health and safety rep, if so go and see him/her.

Next go into the office and ask for risk assessments. You need at least 2. One for working working with a tail lift and one for working with a tail lift in freezing conditions. There should also be a method statement for loading a tail lift as well as one for loading in freezing conditions. These have to be readily available and immediately available. (Not a lot you can do with it at this stage, but it will show if they have them), ask for copies. If they haven't got any, ask for a signed, dated letter stating that there are no risk assessments for the particular job.

If you are going to claim compensation, the company won't be paying it, you will have to sue them, you will also have to sue for loss of wages. This all gets paid through their liability insurance.

If you are in a union ask for a union lawyer, if not, but there is a union, they might let you join, pay a few subscriptions and then supply you with a lawyer. If the union thing is not available you then need to find a lawyer that deals with work related injury.

[mwesty1]

Re: Work liable?

Hi,


Well l have now had a company agree to take the case on but is it still worth asking for risk assesment? If so can l ask what to do if they say no and then refuse to sign any paper work saying that they havent got it. (I will ask as l can 90% say that they will refuse). Will my solicitor be able to use this against them.

Mike

[shell]

Re: Work liable?

The absence of any risk assessment is a clear indication of legal non-compliance and inadequate safety management. They would have no defence in a Court of Law.

They have to supply you with risk assessments. They should be readily available to anybody who asks for them if it involves a task said person is doing. If they don't then they should be reported to the HSE.

I am suggesting you ask for them now before they have time to make some up.

As you now have a lawyer they should also be asking for all risk assessments pertaining to the job. They should also be asking for all manual handling training records pertaining to you.

[mwesty1]

Re: Work liable?

I have never in 3 years had any training on working on a taillift, nor infact any dvds. Only one we shown are fires in stores even tho we never work in a store lol.
Im glad all of things you are saying as to be honest my lawyer didnt seem very confident he just said you got nothing to lose but all these things will help so thank you

[shell]

Re: Work liable?

"I spoke to a claim company and they said that it would be hard to prove company was negligent as it always and still does happen but surely this is wrong."

If this is happening constantly and it is being reported then the company is doubly negligent for not doing something about it.

Also the insurance lawyers will try and blame you, they will probably send you a letter stating that you are to blame. You then have to let them know that as you have had no training and have never been shown a risk assessment all the blame lies with the company.

Also be aware if you are going to sue, this could take 2 years. These cases are never settled quickly

[mwesty1]

Re: Work liable?

Also be aware if you are going to sue, this could take 2 years. These cases are never settled quickly

I may be at an advantage then as the company has been sold in last few months and was sale was supposed to go through february. Would this help me?

[shell]

Re: Work liable?

I may be at an advantage then as the company has been sold in last few months and was sale was supposed to go through february. Would this help me?

I doubt it as the company just passes it on to the insurance and they deal with it. So in reality once the process starts it's really between your lawyer and the insurance company. The only thing your company does is give information to both sides. So even if the company goes bankrupt, as long as the insurance was in place at the time of the accident, you are still covered.

[bluebottle]

Re: Work liable?

Most importantly, did you record the incident in the Accident Book?

There may be a case to answer against your employer for Breach of Statutory Duty under Section 2, Health and Safety at Work Act 1974 (Duty to provide safe working environment, practices, etc.).