Accident at work

[Brogan Flavell]

Hello forum, was wondering where I stand with my recent accident at work.

A few days ago I was run over by the wheel of a 300-400kg trailer at work. The scenario was very stupid on my side - I work at a caravan holiday resort with a team of people who maintain the place (moving caravans, plumbing, bins etc.) on this occasion I was with a coworker piling on cinder blocks and slabs onto the already full trailer, in which was being pulled by a tractor to the yard to dump. Due to the tractor having space for only one person, I was told to sit on the trailer like every other worker does when in the same situation. (This is a flatbed trailer, and I was sitting on the edge in front of the wheel with my legs off the side, whilst holding the chairs secure we had picked up going past bins.) I noticed ahead that there was a tight squeeze between the tractor and a car parked on the side, not enough for my legs to fit through so I tried pushing my feet on the ground to gain momentum to get my whole body on the trailer. Doing so led to my foot being caught under the wheel, pulling me to the ground (face down) whilst the trailer travelled up the back of my knee, the co worker then reversed back off my leg. The ambulance took me into hospital due to my leg swelling to double the size raising concerns of internal bleeding or compartment syndrome, suggesting I get an X-ray as soon as possible. The doctor had a look at the leg for 30 seconds, pressing down on all the main bones and then sent me on my way limping and with a scrape in which you could see the bone. Since then my knee has not been able to support me properly, so I have booked an appointment with my private doctor.

I am uncertain that my workplace is paying for my days off as I am on a seasonal contract and I have not had any calls/messages/emails from management whatsoever.

Any advice would be great.

Kind regards, Brogan

[ostell]

Re: Accident at work

Get the Health and Safety Executive involved. Sitting on the edge of a flat bed truck would be seen as an unsafe practise.

[Brogan Flavell]

Re: Accident at work

Would I get anywhere with it? I feel as if I'm the one to blame for Thisbe accident despite the fact I was told to sit on the trailer

[ostell]

Re: Accident at work

If you were ordered to perform an unsafe act then you would get somewhere.

[Peridot]

Re: Accident at work

You need to look at your contract regarding any entitlement to sick payments, although as a seasonal worker I doubt you would be entitled to more that the statutory minimum. This may help you: https://www.gov.uk/statutory-sick-pay
With regard to any potential claim you may have against your employer you need to think about what training you received and what information there is for employees, seasonal or otherwise, on what the policies are for the work you were doing.
It does seem a pretty unsafe practice but if you have been told not to work in this way, then it would be a case of you showing that the employer was aware that people weren't following their policies and guidelines or training, so should have done something more to prevent an accident.
If you are able to show that the employer should have done more to prevent the accident, whether through further risk assessments, policies that their employees are made aware of, or training then you could still be found to have contributed to your injury although this would be a percentage rather than wiping out any claim altogether.
Keep going to the Dr if you are having problems and keep a note of any prescriptions, treatments, loss of earnings and other losses as they arise, including receipts, wage slips etc.
Make sure an accident form is completed. This should have been done already by the first aider/employer, particularly if an ambulance was called.
You may find that your injury is relatively minor, although worrying for you and you recover quite quickly. If this is the case you may not be able to engage a lawyer to assist you but could potentially sue your employer yourself, if you could show they had been negligent.
See how your injury progresses and then consider taking some legal advice on whether it is worth making a claim. Do go to a law firm who specialises in personal injury. If you have reasonable prospects of succeeding in a claim they will generally work under a Conditional Fee Agreement (no win no fee) for you.
You have 3 years from the date of the accident in which to make a personal injury claim.
Pop back if we can give you any more pointers.

[harrysheard]

Re: Accident at work

Also to take into account, I would presume, the driver of the trailer was/is/could be at fault as he should not have driven it with any passengers in an unsafe position......

[Peridot]

Re: Accident at work

Is he an employee too? If there is any potential claim it should be directed against the employer, if the driver was also employed by them.