Some advice about what to do next (accident at work)
Discussion
I thought i'd reach a more suitable audience in this part of the Forum. I work for a traffic management company which is to sum up, when a road needs to be closed for maintenance or any other work, i'm the man who closes it. Basically I create traffic (yay). I had an accident at work 3 weeks ago where I rolled my ankle and swore blind it was broken. I am fairly new to the job so I am not too clued up on what to and what not to do. Basically, you're not allowed to cross a carriageway, nor jump over a barrier separating the two. On this particular night I was instructed by a superior (along with two other extremely experienced people) to cross a carriageway and clear all signs and frames from the other side of the road. I did not know wether It was right or wrong, I just presumed since this man was so senior, that I had to do what I was told. My accident happened when I stepped over the barrier and my ankle went crack. Immediately I was in pain and could not walk. I asked to be taken to hospital as soon as it happened. I was told from a manager back at the office that the same senior person who instructed me to do the job, who was also head health and safety man, was going to come and pick me up and take me straight to A&E. Two hours passed and he had not showed up. By this time the two other men I was with were just carrying on picking signs up from the other side of the road. Eventually, once they had finished, I was dropped off at a car park, and someone different dropped me off. Athough by drop off, I mean he wanted to get home, so I was left to sit at a nearby petrol station that was close to his home so that a family member could pick me up and actually take me. I was appalled at the lack of help in this (in my head) emergency matter.
9 hours later I left the hospital with a bad sprain and ligament damage. The first thing I did was ring work and tell them. The conversation went like this. 'I know that you did something you were not supposed to do, so off the books I'll say this. It's in your best interest not to report this. Take holiday until you're better, otherwise if you report it, an investigation will begin about how you did this, and once we find out for sure you crossed a road, you will be disciplined'. It kind of went like that. Me being me, I did not want to fuss, so I agreed. 3 weeks with no holidays left, I am ready to go back to work and I have been taken off my normal night shift (double money) and put on day shift to do basically what happens to you when you're being punished, or make you fed up so you quit. It's their childish way of punishing you if you do something wrong or that they don't like. I feel like I've been treated unfairly from the start, as it should have been reported. I should not have been instructed by a TSO to do something wrong. I should have been taken straight to A&E, and I shouldn't be getting punished for whatever reason when theres more than enough work on nights.
I've contacted the HSE as the incident should have been reported no matter what. I'd have been disciplined anyway if I had refused not to do what I did in the first place (if I knew it was wrong). Now I have to return to work for however long and be punished for something that was unavoidable. What do I do?
Sorry for the boring post and any grammar mistakes made. Cheers.
9 hours later I left the hospital with a bad sprain and ligament damage. The first thing I did was ring work and tell them. The conversation went like this. 'I know that you did something you were not supposed to do, so off the books I'll say this. It's in your best interest not to report this. Take holiday until you're better, otherwise if you report it, an investigation will begin about how you did this, and once we find out for sure you crossed a road, you will be disciplined'. It kind of went like that. Me being me, I did not want to fuss, so I agreed. 3 weeks with no holidays left, I am ready to go back to work and I have been taken off my normal night shift (double money) and put on day shift to do basically what happens to you when you're being punished, or make you fed up so you quit. It's their childish way of punishing you if you do something wrong or that they don't like. I feel like I've been treated unfairly from the start, as it should have been reported. I should not have been instructed by a TSO to do something wrong. I should have been taken straight to A&E, and I shouldn't be getting punished for whatever reason when theres more than enough work on nights.
I've contacted the HSE as the incident should have been reported no matter what. I'd have been disciplined anyway if I had refused not to do what I did in the first place (if I knew it was wrong). Now I have to return to work for however long and be punished for something that was unavoidable. What do I do?
Sorry for the boring post and any grammar mistakes made. Cheers.
HustleRussell said:
Presumably you want / like your job? If not, f
k 'em.
They've not treated you fairly. They've basically blackmailed you. If you want to stay, see if you can get away from those people... Different team or whatever.
They are whats known as 'the office' They control us basically. Tell us what we're doing that shift, wether we go home and wether we get paid. Its corrupt and majorly unfair. I like the money but the job is awful no thanks to them. I guess the question is, is it worth going to a small claims company, or reporting them to the HSE?k 'em.They've not treated you fairly. They've basically blackmailed you. If you want to stay, see if you can get away from those people... Different team or whatever.
Frankly I'd report it. They have failed in their duty of care to protect you in the workplace. The HS guy I'm presuming is the one who told you to do something you weren't supposed to do I'd imagine all he's thinking of is his own backside. The 'off the record' discussion is tantamount to bullying.
ashleyman said:
Why didn't you call yourself an ambulance?
For an ankle injury? It is not an emergency, and they'd refuse (rightly) to send one.OP - you say you've just started working there? So less than two years? If so, then there's no reason needed to terminate your employment, and no scope for unfair dismissal - except on certain specific grounds. Taking action on health and safety grounds is one. The question is whether stepping over a barrier, as instructed but against your standing procedures, counts. And I don't think it's particularly straightforward whether it does or not - especially if it becomes just he-said-she-said over whether that instruction existed or not.
https://www.citizensadvice.org.uk/work/work-comes-...
HustleRussell said:
Presumably you want / like your job? If not, fk 'em.
Very much this. If you want to stay employed with them, then you are in a tricky situation. Do they have a HR department that can deal with your situation impartially? Or a grievance reporting procedure? Although to go either way is going to have severe implications for the H&S guy so you need to decide if this is something you want to go through. If you decide not and the job is a necessity, you are going to have to 'grin and bear it'.k 'em.From the sound of it they are not a pleasant employer to work with, so as others have said I'd be looking elsewhere PDQ. Then it's a question of whether you want a reputation as a 'trouble maker' by stirring things up before you leave. The accident is reportable under RIDDOR so the Co will get grief from the HSE. This allied with the clear failure to adhere to the RAMS they will have in place for signage recovery should result in the Supervisor / H&S guy being disciplined. Although given how they operate I'd have my doubts this will actually happen so again you need to do your reporting through an HR or grievance procedure NOT through the management team involved.
If it was me I'd find and secure another job, then go to the manager responsible and suggest you are paid up in full (with no adjustment for holiday taken) as it would be 'in everyone's best interests that I left quietly'.
I can't say what a white blower claim is, but a whistleblower claim is the colloquial name for a claim based on the public interest disclosure provisions of the Employment Rights Act 1996. If you are subjected to a detriment by your employer because you have disclosed a matter of public interest, such as a breach of safe working practices, to your employer or to a third party such as the HSE, then you may have a clam for remedies in an employment tribunal.
Bit of an update:
I have submitted my Injury claim and since learned that I have another claim regarding the discrimination side of things. I got a phone call from one of the corrupt managers today and basically he spoke about admitting that my injury was not logged, I was told to take holidays to avoid him being investigated, and because I'm on the sick, to tell work I injured myself at home as in his words would 'put him in the st'.
I recorded the conversation. Should I have?
I have submitted my Injury claim and since learned that I have another claim regarding the discrimination side of things. I got a phone call from one of the corrupt managers today and basically he spoke about admitting that my injury was not logged, I was told to take holidays to avoid him being investigated, and because I'm on the sick, to tell work I injured myself at home as in his words would 'put him in the s
t'. I recorded the conversation. Should I have?
Breadvan72 said:
What discrimination do you complain of?
I call it that, but its more mistreated, bullying and generally being treated like a criminal. Forced to take holidays to cover up my accident so the employer didn't have to log the incident. Putting me on day shift with half the hours/half the pay claiming theres not enough work for me (yet they have agency in as they're so busy). It's all a long story. Discrimination wasn't the correct word.workid1 said:
Bit of an update:
I have submitted my Injury claim and since learned that I have another claim regarding the discrimination side of things. I got a phone call from one of the corrupt managers today and basically he spoke about admitting that my injury was not logged, I was told to take holidays to avoid him being investigated, and because I'm on the sick, to tell work I injured myself at home as in his words would 'put him in the st'.
I recorded the conversation. Should I have?
I should make sure you keep a copy of that somewhere it can't be deleted accidentally. BV hopefully could advise if, how and when that could be used. I would hope it could be used in a tribunal. Maybe the better way would be to walk into the MDs office (you wouldn't get an appointment so you'll need to be inventive/insistent) and play him the conversation. Hopefully he would realise what scum he has working for him and agree to deal with the situation as it should be. If you can't get someone very senior onside I suspect whatever happens with whistleblowing and compo you won't have a future there.I have submitted my Injury claim and since learned that I have another claim regarding the discrimination side of things. I got a phone call from one of the corrupt managers today and basically he spoke about admitting that my injury was not logged, I was told to take holidays to avoid him being investigated, and because I'm on the sick, to tell work I injured myself at home as in his words would 'put him in the s
t'. I recorded the conversation. Should I have?
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