Compensation after injury at work

[shirlthegirl]

A friend is a lorry driver for a local company. He had a broken mirror on his truck and asked his employer to fix it many times, employer said it would be done for the MOT. It didn't get fixed so he has been holding the mirror steady using zip ties.

Two weeks ago he was affixing a new zip tie and cutting the spare off when he slipped and slashed his arm with the knife. He was rushed to hospital and underwent three and a half hours surgery to fix the injury.

Basically, should he be entitled to compensation as the injury happened due to lack of action by the employer? If so, how do I help him draft a letter or what is the first step to take please?

[vanman]

Re: Compensation after injury at work

i think you may be onto a loser here.

unless the employer gave him the knife and zip ties and told him to fix it

as a driver myself
The law states that it is the responsibility of the driver to ensure that any vehicle driven on the public highway is safe and fit for use.

https://www.gov.uk/roadside-vehicle-...-is-roadworthy

he rightly reported the broken mirror to his employer.
but after the vehicle check he has to do every day before he drives it .
would have made it unfit for use
and should of refused to drive it until broken mirror was fixed.

[teaboy2]

Re: Compensation after injury at work

Whilst i agree with Vanman above, the fact still remains that the employer was aware the vehicle was not fit to be driven and had failed in their road safety obligations to fix the mirror when it was first reported to them! They clearly most have known the driver was having to carry out this temporary fix and therefore their failure to fix the mirror itself put the driver's safety at risk, that and the fact they failed in their road safety obligation to maintain the vehicle so it was fit to be on the road is a breach of their duty of care to both the driver and other road users - Though granted he should have refused to have driven the vehicle till fixed, but then probably didn't want to risk being threatened with the sack.

[shirlthegirl]

Re: Compensation after injury at work

Whilst i agree with Vanman above, the fact still remains that the employer was aware the vehicle was not fit to be driven and had failed in their road safety obligations to fix the mirror when it was first reported to them! They clearly most have known the driver was having to carry out this temporary fix and therefore their failure to fix the mirror itself put the driver's safety at risk, that and the fact they failed in their road safety obligation to maintain the vehicle so it was fit to be on the road is a breach of their duty of care to both the driver and other road users - Though granted he should have refused to have driven the vehicle till fixed, but then probably didn't want to risk being threatened with the sack.

The last ten words are exactly right!

I had misunderstood some - turns out he put the zip ties on to hold the mirrors when they first started to wobble (apparently they are below the main mirrors and are shaken a lot when the cab doors are shut) and had reported to the boss. The injury happened when the mirror came off as he shut the door after doing daily checks and he was cutting the zip tie to remove the mirror.

[teaboy2]

Re: Compensation after injury at work

Was he told to remove it?

His best bet would be to find a reputable no win no fee accident/injury claim lawyer/solicitor.

Or do it through CAB!

[shirlthegirl]

Re: Compensation after injury at work

Was he told to remove it?

His best bet would be to find a reputable no win no fee accident/injury claim lawyer/solicitor.

Or do it through CAB!

I am guessing he wasn't told to remove it but it was not safe so he did. If he hadn't and it came off and hit a car...

[teaboy2]

Re: Compensation after injury at work

OK he really needs to get hold of a no win no fee personal injury lawyer - Or check your home insurance as you may be entitled to legal advice under that!