Sons accident at work

[valeriej43]

My son who is a baker in a large supermarket had an accident about 3 weeks ago, he was pulling a bread rack, quite high and very heavy,when it caught on a broken tile and tipped over onto him, he suffered from shock, a bruised knee and concussin, he was taken home by a member of staff, who offered to take him to hospital but he just wanted to get home,
He realises now it would have been best to go to Hospital, as he had to ring for an ambulance a few days later after feeling ill and confused and blacking out,,he was examined by paramedics at home who said he was still slightly concussed,[he had been to the Drs by the way in the meantime]who signed him off work for a week initially with concussion, stating head injury
His emplyers are now trying to say he smelt of alcohol,which he might have slightly as he was out the night before, but he wasnt under the influence,and they also knew they were at fault, as the broken tiles were repaired the same day of the accident
Does anyone know how he stands,he has been advised to put a claim in ,which he is reluctant to do, but thebosses are more or less blackmailing him with the threat of saying he was under the influence of alcohol, which as stated he wasnt but is worried about getting the sack, for absences,he did go back, but too soon possibly as he had to be off again, which is when he called the ambulance

[CLL1]

Re: Sons accident at work

You can approach a solicitor under a no win no fee agreement to submit a claim under the Employer's Liability portal of the Minitry of Justice website.

[wales01man]

Re: Sons accident at work

If he smelled of drink a good defence for the company what are his injuries that are documented and how long after the incident did he get medical help that can prove injury was due to accident they could claim he had more drink before seeking help.
Not putting him down but thinking how they might

[CLL1]

Re: Sons accident at work

If he smelled of drink a good defence for the company what are his injuries that are documented and how long after the incident did he get medical help that can prove injury was due to accident they could claim he had more drink before seeking help.
Not putting him down but thinking how they might

Proof of intoxication will be difficult but even if proven, it will only amount to contributory negligence, surely?

[valeriej43]

Re: Sons accident at work

Thanks everyone, the accident was put in the stores accident book immediately by his boss, no one mentioned the smell of alcohol at the time and he definitely hadnt been drinking then only had a drink the night before,, but because he starts work very early it probably would still have been on his breath, but they might try to say he was drunk, he has been a baker there for about 20 years, and must have gone in other times having a smell of alcohol on him, but never under the influence, he only thought he had injured his knee at first, as that was the part that was really painful, it was only later when he started blanking out, that concussion was diagnosed,and of course he has medical evidence, by Dr and paramedics
I think it says a lot that the store had the floor repaired the very same day
If he tries to sue ,can they sack him, i dont think they can, but he is worried, he has never been out of work,
Ther is no way they can prove he was intoxicated, [which he wasnt, ] but they will try im sure