Accident at work then dismisal - temp contract

[dazsully]

Hi all,

Quickly want to introduce myself as I'm new here - I'm Darren, 28 living in Northern Ireland!

I have been temping at a warehouse company for the 7 months as an admin assistant however was asked to go out in a van on Thursday as they were short staffed. Whilst in the van I was involved in an incident.I was the passenger/ driver helper and on the way to the delivery, the pallet we were transporting slid forward causing damage to the bulk head and injury to both mine and the drivers back.


The pallet had been loaded incorrectly and wasnt secured - this was documented by my manager in the accident report that was filled in. As a result of this I contacted a "accident at work" company on thursday to begin the claim processes.


It is now Sunday (3 days after the incident) and I have just recieved an email stating that my services at the company are no longer required and not to turn in for work in the morning without any other explanation being given.


I'd like to know where I stand in this scenario and what options were available to me


Any feedback would be appreciated.

Thanks guys
Darren

[judgemental24]

Re: Accident at work then dismisal - temp contract

First question

i take it you are an employee and not a contractor

You say temping, is that through an agency

how serious were the injuries as to working time lost, sick leave etc

how big is the company, employees etc

contacting a claims company was not a good idea, no wonder they are miffed at you

[dazsully]

Re: Accident at work then dismisal - temp contract

Hi Judgemental,

Yes I would of be classed as an employee via an agency. In regards to my injury im actually due in at the doctors to determine that but primarily a sore back and neck.

I contacted the claims company on Friday and they were running through the details with me, I'm actually due to speak with them again this week so the company would still of been 'in the dark' on this. The company itself is fairly large with depots in NI and Carlisle.


Thanks
D

[judgemental24]

Re: Accident at work then dismisal - temp contract

What is the condition of the driver?

Were you given a copy of the accident report

[dazsully]

Re: Accident at work then dismisal - temp contract

Similar injuries to what I received too, however as he didnt check the load of the van he is being made responsible.

I did get given a copy of the accident report however that I currently sitting on my (old) desk

[judgemental24]

Re: Accident at work then dismisal - temp contract

I will be honest with you, if you would have kept quiet on this instead of contacting a claims company the employer would have probably given you and the driver a cash in hand incentive to look the other way.

I will not go into to much detail but if an employee is sick for 7 days or more that becomes a notifiable incident to the HSE.

It is called a RIDDOR REPORT

Now you are no longer officially staff there can be no 7 days absence to report to the health and safety executive, and it gets worse,

Under regulation 7(a) Health and Safety at Work Act every employee is responsible for their own health and safety where reasonably practical. So if you were aware you had no manual handling instructions with safe systems of work then you will be held part responsible for the accident

[dazsully]

Re: Accident at work then dismisal - temp contract

I have completed the relevant manual handling training and thats within my personnel file at the office however I'm led to believe that it is the driver that is respoonsible in checking the vehicle before departure - not the helper.

Thanks for your response though.

[judgemental24]

Re: Accident at work then dismisal - temp contract

It is equal responsibility the vehicle checks as it is a VOSA requirement on any commercial vehicle, though the person who signs the van out is responsible for recording the van checks have been compleated prior to leaving in the vehicle log book

[stevemLS]

Re: Accident at work then dismisal - temp contract

So you received "injuries" which did not require immediate medical attention on Thursday and contacted a claims management company on the same day (per OP) or the following day (post 3)?

Presumably the claims management company told you to go to the doctor?

[judgemental24]

Re: Accident at work then dismisal - temp contract

I myself have had whip lash three times in my 20 years service from being hit from behind.

In every time this happened it has taken two to three days for the symptoms to matreialise

I am no doctor and only speak from personal experience

[FlamingParrot]

Re: Accident at work then dismisal - temp contract

contacting a claims company was not a good idea, no wonder they are miffed at you

I will be honest with you, if you would have kept quiet on this instead of contacting a claims company the employer would have probably given you and the driver a cash in hand incentive to look the other way.

It doesn't look like the warehouse company would have been aware that the OP had contacted a claims company.

The pallet had been loaded incorrectly and wasnt secured - this was documented by my manager in the accident report that was filled in. As a result of this I contacted a "accident at work" company on thursday to begin the claim processes.

It is now Sunday (3 days after the incident) and I have just recieved an email stating that my services at the company are no longer required and not to turn in for work in the morning without any other explanation being given.

Yes I would of be classed as an employee via an agency. In regards to my injury im actually due in at the doctors to determine that but primarily a sore back and neck.

I contacted the claims company on Friday and they were running through the details with me, I'm actually due to speak with them again this week so the company would still of been 'in the dark' on this. The company itself is fairly large with depots in NI and Carlisle.

The claims company probably haven't even decided whether the OP would have a case or not, surely they'd want to know what the doctor has to say before drawing a conclusion. :confused2: They wouldn't have contacted the OP's employers over the weekend, warehouse companies may well work weekends but I don't think claims companies would. :noidea:

[Tools]

Re: Accident at work then dismisal - temp contract

Load security is the responsibility of the driver, what caused the pallet to slide forwards? Sharp braking?

[vanman]

Re: Accident at work then dismisal - temp contract

1.4 Loading and unloading should be carried out by trained staff who are aware of the risks
involved. Drivers should also be aware of the additional risk of the load, or part of the load,
moving when the vehicle is being driven. This applies to all vehicles and to all types of load.
The driver is ultimately responsible for the load carried on their vehicle, whether or not they
were involved in the securing of the load.

https://www.gov.uk/government/upload...onvehicles.pdf

1.7 The Road Traffic Act 1991 states that:
a. A person is also guilty of using a vehicle in a dangerous condition if he uses, or causes or
permits another to use, a motor vehicle or trailer on a road when the purpose for which it
is used or the weight position or distribution of its load, or the manner in which it is
secured is such that the use of the motor vehicle or trailer involves a danger of injury to
any person.
THE MAX PENALTY FOR THIS OFFENCE IF COMMITTED IN RESPECT OF A GOODS
VEHICLE IS A £5000 FINE, PLUS 3 PENALTY POINTS AND DISQUALIFICATION

11.4 Where pallets are carried on vehicles with van bodies, lashings will be required to restrain the
pallets if there are spaces between them or between the pallets and the vehicle sides or
headboard. This is because, if there is space for the pallet to move, they could develop
sufficient momentum to break through the sides or headboard when the vehicle is braking or
cornering. Where, for practical reasons, lashings cannot be used then the spaces must be
filled with suitable dunnage to prevent movement of the pallets.