Do i become one of the injury claim "scum"?
Do i become one of the injury claim "scum"?
Author
Discussion

MrBrightSi

Original Poster:

2,918 posts

190 months

Sunday 29th July 2012
quotequote all
Hey guys,

Got a question for you, it's deep but will try to outline it quickly, if you need me to elaborate or it attracts vultures and angry posts i'll go into more detail.

Work in a factory (Production side, different department now.)

Maintainance day on machine, quite tall inside guards, climb up on step inside guard and onto the machine.

Do greasing and what not and proceed to climb down.

Left foot goes down onto step, right foot goes for the floor we're talking a few feet off the floor.

Step shoots out forward from under me as its not attatched as it should be.

my right foot hits the floor side on inverts pretty bad and i fall onto my back.

Ankle was pretty mashed up but could hobble to first aid room and recieved a trip to hospital

xray shown nothing but bad sprain but i couldnt move it. Returned to work as i'd just started and had to prove myself, foolishly.

fastforward to today (happend jan last year) and the symptoms have never gone away, struggle to descend stairs, cannot run and find any kind of landing onto the foot causing quite acute pain.

My question is, this injury has messed me up quite a bit and as much as i don't want to be another one of these injury claimants, i did go through a solicitor and when i read their charges i told them to do one, there is no way im letting someone get paid £300 an hour to shuffle paper and threaten my employer, how do i get my pound of flesh for this, im not big on a sum of money, but knowing i might suffer from this for life and risk losing out on activity and things due to it irks me.

Going to orthopedics tomorrow who according to my doctor will refer me for a MRI scan as from the xrays taken a few months ago in the proper radiography department have left the radiographer and doctor concered i might of broken my ankle at the time of the accident and had it heal wrong.

Sorry for huge post.

Raize

1,476 posts

199 months

Sunday 29th July 2012
quotequote all
MrBrightSi said:
there is no way im letting someone get paid £300 an hour to shuffle paper and threaten my employer
The money has to come from somewhere and in a business as lucrative as this the enablers will be making huge sums. This is your option, like it or leave it.

carreauchompeur

18,289 posts

224 months

Sunday 29th July 2012
quotequote all
You've got one side of matters, namely a genuine injury which has affected you badly.

If you can satisfy the other side oh things, namely that a clear fault caused this rather than (devils advocate) clumsiness then go for it.

GarryA

4,700 posts

184 months

Sunday 29th July 2012
quotequote all
Step not attached as it should be......

You were happy to climb into the machine with it not attached?

Do you do checks on the machine?

If it was me going up against my employer I'd be making sure I was mega watertight, if I no longer worked for them then I wouldn't care.

530dTPhil

1,404 posts

238 months

Sunday 29th July 2012
quotequote all
Was it recorded in the accident book at work? If so, approaching the company for assitance in getting the problem investigated and treated will be much simpler. I am sure that any reasonable employer would be pleased to try to help rather than deal with solicitors handling a claim for injury. Their insurers may even deal direct with you if it comes to that.

If there's nothing in the book, then any help or potential claim, if you decide to go that way, could be difficult.

MrBrightSi

Original Poster:

2,918 posts

190 months

Sunday 29th July 2012
quotequote all
It should be in the accident book as i was made to go to hospital.

During various meetings i've aired my opinions about having proper steps instaled in some of the machines, since happening to me quite a few line leaders have said to me its happend to them and not to feel stupid, made me feel worse as i've been made to suffer due to others not airing their concerns.

I suppose i should of checked it, but hindsight is a wonderful thing. I've been privvy to some very offensive emails concerning me and my "Clumbsisness" being to blame and not this set of steps, doesn't help me wanting to work with my employer when the highest members of management have it squarely as me to blame.

They've had outside contractors in to measureup for new internal steps and access but nothing came of it, i suppose it was more a show for various things.

mike9009

9,278 posts

263 months

Sunday 29th July 2012
quotequote all
A few questions.....

1. Did the company provide working at height training?
2. Did the company provide any risk assessments or start up checks for the operation you carried out?
3. Were you trained to carry out the task?

If the company has all these things covered it might be hard to prove fault, if not might be easy.

I am no expert but these simple things may point where the liability lies.

Mike

Ps. Even though you may have a claim, i am dead against the claim culture that has developed in this country.....

GarryA

4,700 posts

184 months

Sunday 29th July 2012
quotequote all
MrBrightSi said:
It should be in the accident book as i was made to go to hospital.

During various meetings i've aired my opinions about having proper steps instaled in some of the machines, since happening to me quite a few line leaders have said to me its happend to them and not to feel stupid, made me feel worse as i've been made to suffer due to others not airing their concerns.

I suppose i should of checked it, but hindsight is a wonderful thing. I've been privvy to some very offensive emails concerning me and my "Clumbsisness" being to blame and not this set of steps, doesn't help me wanting to work with my employer when the highest members of management have it squarely as me to blame.

They've had outside contractors in to measureup for new internal steps and access but nothing came of it, i suppose it was more a show for various things.
Yet you and your workmates continued to use the steps.

falkster

4,258 posts

223 months

Sunday 29th July 2012
quotequote all
So when you get your cheque for £1,000 be sure to remember the amount your employer will probably be paying out ten times that amount.

I've had several claims within my departments over the last few years. Employees signing to say theyve checked the machinery then claiming when something goes wrong?? How does that work?

Edited by falkster on Sunday 29th July 21:59

Mastodon2

14,131 posts

185 months

Sunday 29th July 2012
quotequote all
Did you check the ladder was secured first? Did someone else check it and assure you it was secure and properly fitted? If I injured myself while working on my equipment at work (not big enough to need a ladder in most instances) and I hadn't done a complete safety check first, I think I'd be on my own.

wombat172a

1,457 posts

203 months

Sunday 29th July 2012
quotequote all
An unfortunate situation, but what would you like to come out of this?

A cheque for £1,000 won't do too much for solving your ankle.

MrBrightSi

Original Poster:

2,918 posts

190 months

Sunday 29th July 2012
quotequote all
This isn't for money as such, i want my pound of flesh for my ankle being quite seriously different now. I admit it could be a lot worse but it wouldn't have to be.

I'm quite against the claim culture too as if i was not, i would not of started this thread racked with guilt for me thinking about doing it, i wouldn't of told a solicitor to do one either. I do not appreciate being lumped in with those who use a fall at work for gain, im quite upset by the whole event and have a good year and a half after the incident to think about it and see no recovery has had me worried.

In regards to the work at height training, risk assesments and what have you. They probably exist but have never been shown them, working at hieght training, these machines are 5ft tall onto the main beds, i make tins but would rather not be identified by anyone from my workplace, i've just moved department to a potentially good career so im not wanting to rock any boats and be in the firing line of some very nasty members of staff.

so called

9,157 posts

229 months

Sunday 29th July 2012
quotequote all
Isn't your company insured for such accidents.
I thought it was a legal requirement.
Accidents happen and the insurance should be there to protect the employee from hardship.

wombat172a

1,457 posts

203 months

Sunday 29th July 2012
quotequote all
I believe working at height regulations apply at any height where there is a risk of falling and injuring yourself, technically a curb on the pavement could count.


From what you're saying there seems to be a lack of correctly applied Health & Safety procedures in your work place, or a cultural disdain for it. There's no reason people should get nasty about it. Does this also apply at a mangement level? If that is the case, and the ankle really is a PITA, then I wouldn't feel to bad about getting involved with a solicitor.

There's always the argument that if H&S isn't being taken seriously, then someone else might not be so lucky next time.

Tango13

9,788 posts

196 months

Sunday 29th July 2012
quotequote all
Bloke 1

Took a chunk out of his leg got really arsey, wouldn't listen to reason and got the ambulance chasers on the case, company paid out about £1200 he got about £50 after 'costs'

Bloke 2

Severed a vein and nerve in his finger, was advised by a director on the QT to sue via his home insurance and kept all of a 4 figure payout.


Laurel Green

30,972 posts

252 months

Sunday 29th July 2012
quotequote all
A severe sprain can take up to 18 months to repair itself. Sorry, nothing else to add.

wav8

3,926 posts

168 months

Monday 30th July 2012
quotequote all
If any help work in the engineering industry and as stated earlier a risk assessment should have been carried out,continueing to use the stairs is not advisable.It is not considered using steps as best practice a secure platform should be used and unfortunately off of the ground head protection should be worn.Platforms should be anti slip and lastely your employer has a duty of care towards you in your place of work.Are you a trade union member their lawyers are cost free and you will probably be aportioned some of the blame and remember claims can be time barred.On the ankle would advise physio can take a while to cure and will always have a weakness there.

MrBrightSi

Original Poster:

2,918 posts

190 months

Monday 30th July 2012
quotequote all
Laurel Green said:
A severe sprain can take up to 18 months to repair itself. Sorry, nothing else to add.
Its been around that mark now, no improvement.


Had my appointment today with a consultant. I was told that there is pretty bad cartilage damage. Been refered to an MRI scan and a follow up, he said its pretty certain i will have to go through an operation to remove the damage and have retrograde drilling to try and repair the damage. My worst fears were confirmed when he said im pretty likely to suffer this for life as any repair will be 70% maximum.

I will consult with a few managers who i know are not spiteful and are trustworthy, im still an employee and to them an asset, an asset which is useless when it's off in a cast.

Im an apprentice tool maker and as such in a very good position career wise and would rather not lose this.

66comanche

2,369 posts

179 months

Monday 30th July 2012
quotequote all
1) It sounds like you appreciate your job and want to continue in it, so be wary before stirring up a ststorm, especially after the time lapse.

2) If I lost mobility to any degree (as it sounds you have) and I thought it any fault of the employer, I would go to any lengths to get recompense in whichever manner. However, if it was you ultimately doing something you knew was unsafe, that's your own stupidity IMO, chalk it up to experience.

DickHerpes

900 posts

179 months

Monday 30th July 2012
quotequote all
MrBrightSi said:
I hurt myself and reckon I could take my kids to Diznehland as a consequence.