Injured at work?

Author
Discussion

irc

7,334 posts

137 months

Thursday 7th September 2023
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"Carrying a crate I missed the last step as I couldn’t see it holding the crate and down I went head butting the front door. "

Going down stairs carrying a crate that blocks your view is an accident waiting to happen. A friend of mine was killed in a fall of this type. Head injury. The fact he was wearing flip flops probably didn't help either.

There is a reason stairs have handrails. To make them safe to use. A load which needs to be carried two handed means you can't use the handrail. A load that blocks sight of your feet is worse.

I would carry a crate downstairs at home two handed. Why? Because I do it rarely enough I will have full care and concentration. You can't maintain that level of concentraion day in day out hence why at work you need safe methods.

Is there any reason delivery loads can't be carried in lare strong carrier bags that can be carried one handed? It may mean the job takes longer but if that i s the safe method that is the time it takes.

loskie

5,241 posts

121 months

Thursday 7th September 2023
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Don't they have a legal obligation to make "reasonable adjustment to the workplace" under the disability discrimination act or something?

SydneyBridge

8,630 posts

159 months

Thursday 7th September 2023
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Is it because they are trying to use less/no plastic bags ?

EVOTECH3BELL

788 posts

25 months

Thursday 7th September 2023
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Use your house insurance legal cover to take them to court.
A family member had to have a foot amputation after a workplace accident which was basically a fall and something falling on it. Settled out of court

There is a scale for these things though and a knee injury won't be very high on that scale.
You'd be surprised how little you get for a missing finger unless it's the thumb

Bonefish Blues

26,802 posts

224 months

Thursday 7th September 2023
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I assume so.

tight fart

Original Poster:

2,921 posts

274 months

Thursday 7th September 2023
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SydneyBridge said:
Is it because they are trying to use less/no plastic bags ?
Yes we’re saving the planet.
At the same time we deliver almost everything else wrapped in plastic, a lot of it flown in from around the world.
My record was 54 (plastic) bottles of water to 1 flat.
But carrier bags are now forbidden.

tight fart

Original Poster:

2,921 posts

274 months

Monday 9th October 2023
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Any recommendations for injured at work, unfair dismissal solicitors?

Bonefish Blues

26,802 posts

224 months

Monday 9th October 2023
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That escalated quickly frown


valiant

10,259 posts

161 months

Monday 9th October 2023
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https://www.thompsons.law/

They are the people recommended by many unions and by all accounts know their stuff.

ruggedscotty

5,629 posts

210 months

Monday 9th October 2023
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Bonefish Blues said:
They failed to provide a safe system of work. Lawyer.
This

https://www.thompsons.law/

have a chat with this company, they are very good.

No one should be injured at their work, it is always a break down in policy, and its either the persons fault, or more than likely the company as the job was not properly risk assessed. Dont leave it too long, and get everything written down and plenty of pictures around where it happened and and documents that relate to the task, risk assessments, H&S policy, anything really that can be used to support your case.

what ever you do dont roll over and let them away with it.

Bonefish Blues

26,802 posts

224 months

Monday 9th October 2023
quotequote all
ruggedscotty said:
Bonefish Blues said:
They failed to provide a safe system of work. Lawyer.
This

https://www.thompsons.law/

have a chat with this company, they are very good.

No one should be injured at their work, it is always a break down in policy, and its either the persons fault, or more than likely the company as the job was not properly risk assessed. Dont leave it too long, and get everything written down and plenty of pictures around where it happened and and documents that relate to the task, risk assessments, H&S policy, anything really that can be used to support your case.

what ever you do dont roll over and let them away with it.
And now they've likely (highly likely!) added unfair dismissal to the pie. Not smart - they should have referred this to their insurers and stood back a while.

ruggedscotty

5,629 posts

210 months

Monday 9th October 2023
quotequote all
Bonefish Blues said:
ruggedscotty said:
Bonefish Blues said:
They failed to provide a safe system of work. Lawyer.
This

https://www.thompsons.law/

have a chat with this company, they are very good.

No one should be injured at their work, it is always a break down in policy, and its either the persons fault, or more than likely the company as the job was not properly risk assessed. Dont leave it too long, and get everything written down and plenty of pictures around where it happened and and documents that relate to the task, risk assessments, H&S policy, anything really that can be used to support your case.

what ever you do dont roll over and let them away with it.
And now they've likely (highly likely!) added unfair dismissal to the pie. Not smart - they should have referred this to their insurers and stood back a while.
makes the eventual payout even bigger....

residiual pain numbness and all that needs to be taken into consideration, and post trumatic stress from the event, impact on your life and the effect it has etc... all that adds in to the mix. as said get the ball rolling so to speak.

tight fart

Original Poster:

2,921 posts

274 months

Monday 9th October 2023
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They asked me to start a claim against their income protection insurance,
this has been refused as I'm still capable of driving, in their words I could deliver flowers etc
as they aren't to heavy. I've been off 6 months now, 3 without pay.
As I understand it, I'll be dismissed this Thursday.
(The maximum claim would have paid was 50% income for 27 months)

Bonefish Blues

26,802 posts

224 months

Monday 9th October 2023
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Get legal advice asap, as previously advised.

Hugo Stiglitz

37,163 posts

212 months

Monday 9th October 2023
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Wtf. Seriously take legal advice. Don't accept any immediate offer even if you are sadly short term on any sort of benefit. That's disgusting behaviour.

Be prepared for a year long road ahead.

I'd also be very careful and read any Solicitors terms and conditions. When I came off my bike I read a couple and their 'if we don't win admin fees' were craftily worded.


TheK1981

192 posts

76 months

Monday 9th October 2023
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Ive been driving/delivering for over 20 years for Tesco now... That makes me feel really old,

I know its not what you want to hear, but depending on what they say, every bit of training we have ever had said you needed to do a 'Dynamic Risk Assessment', depending on what training you have completed/signed they may fall back onto this, and say you should have checked before stepping,

Theres a few we deliver to where you cant see the steps up/down (even more so in the dark), I would never carry a heavy tray up/down the steps, if it takes longer then so be it, theres a few in villages where the paths are so uneven/cobbled that you cant use the trolley,

Speak to someone legal, I would also see if you can access your training records, with Tesco they do cover themselves quite well, it says if you dont feel safe/able to deliver then return the delivery to store,

Bonefish Blues

26,802 posts

224 months

Monday 9th October 2023
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Tesco saying a thing shouldn't happen whilst Tesco knowing darn well that the thing is happening nonetheless is another thing.


tight fart

Original Poster:

2,921 posts

274 months

Monday 9th October 2023
quotequote all
valiant said:
https://www.thompsons.law/

They are the people recommended by many unions and by all accounts know their stuff.
Thanks to both of you for recommending them, I'll give them the a call.

Mortarboard

5,732 posts

56 months

Monday 9th October 2023
quotequote all
tight fart said:
They asked me to start a claim against their income protection insurance,
this has been refused as I'm still capable of driving, in their words I could deliver flowers etc
as they aren't to heavy. I've been off 6 months now, 3 without pay.
As I understand it, I'll be dismissed this Thursday.
(The maximum claim would have paid was 50% income for 27 months)
Company owners/managers take note: if you want to get rinsed in court, follow the path described above.

Solicitor, and asap.

Many naiive/inexperienced companies follow the above, thinking they should do all they can "to limit liability"

It doesn't work. Ever

Liability is either present ir not. If you prick around avoiding it, you're more likely to get sued, not less.

M

tight fart

Original Poster:

2,921 posts

274 months

Tuesday 10th October 2023
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I spoke to Thompsons today, they are interested in an accident at work claim but not the wrongful dismissal,
I’ll do some more homework.