Injured at work

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Plastic chicken

Original Poster:

380 posts

205 months

Saturday 18th May 2013
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I have to be vague here, to avoid possible repercussions.

Recently, to help out my employer, I needed to move a heavy piece of equipment (approx 170kg, about 7ft high) around the back of my truck, using a sack barrow. The weight was too much for me, I lost my balance, fell backwards, and the whole lot landed on top of me, pinning me to the ground. A workmate helped free me; in short, it could have been a lot worse, but I sustained an injury to my right leg: not particularly serious, but enough to keep me off work for nearly a week.

Before now, I'd kinda thought that my employer might pay me my regular wage for the time I was off, as the accident happened in the course of my work. Apparently not, I'm told, as they have no legal obligation to do so.

I'm also advised that my employer wouldn't be held liable, because I alone elected to try to move the equipment, and had the 'appropriate tools' to do so (yeah, if you're Charles bleedin' Atlas!).

The entitlement to s.s.p. is at a rate of £75 per week, or £15 per day, after the first three days of absence, or so I'm told.

The moral of this story, gentlemen (& ladies) is obvious: think about going the extra mile; it could cost you pain, suffering, and money.







Edited by Plastic chicken on Saturday 18th May 02:23

951TSE

600 posts

158 months

Saturday 18th May 2013
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Long shot but you could try looking at these webpages:

http://www.hse.gov.uk/contact/faqs/manualhandling....

http://www.hse.gov.uk/msd/pushpull/regulations.htm

http://www.manualhandlingregulations.co.uk/

Is manual handling part of your every day job? Have you had an sort of Manual handling training? Was the item that injured you a common item in your yard or a one off. If it was common then your employer SHOULD have done a risk assessment as to how to move it around safely. Your company should also have an accident book, make sure they fill it in correctly, the accident may need to be reported to the HSE. Does your company or union have any sort of safety rep?

I'm not saying that you will get anywhere with this and I'd be the first to just get on with it like you, but having had to go through what I thought was a 'mickey mouse' manual handling course only to find that it was a great help in the real world it would be nice to be able to use that same 'mickey mouse' now the boot is on the other foot so to speak.

I would like to point out that I'm not qualified to give legal advice so you should take proper advice if you feel you want to take this any further, before you go any further.

Plastic chicken

Original Poster:

380 posts

205 months

Saturday 18th May 2013
quotequote all
Thanks for your post & suggestions.

Amongst other things, we deliver domestic appliances, mainly to the trade, so manual handling is a routine part of the job. The item in question was one of those double-size American-style fridge freezers (in its box). Thankfully they aren't that popular, so I have to handle only three or four a week, usually without mishap. However, my incident occured on a Friday, at the end of a very arduous 12-hour shift, and I was really too tired to do any more shifting; more fool me.

Until two or three years ago our work was mainly a pallet/forklift number, but the appliance contract arrived, and started to form the majority of what we did, whether the drivers liked it or not. I don't remember ever seeing a practical demonstration of how to handle this type of stock; we were only issued with the manual handling leaflet pack. At the bottom of every page is the message 'only handle what you think you can manage'. Good advice, perhaps, but this is the real world....

I did fill in an accident report, with the suggestion that all these bulky products be put on pallets, which should help a lot. I contacted my union, who reckon I would probably not have a leg to stand on (har, har) if this went through the courts.

The point of this post is not to have a pop at my employer, because they have probably done just enough to keep themselves right, and because I value my job. I'm not after compo either, because my injury's healed o.k. The point of this post is to say how disillusioned I am with a system that allows firms to pay an injured employee nothing for three days, and an insulting £15 s.s.p. per day thereafter.


mph1977

12,467 posts

169 months

Sunday 19th May 2013
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170 kg alone and on a sack barrow ?

were you 'forced' to move it alone ? as in put at risk of physical violence or a actually meant threat to your job ?

it;s sounding very much like a more fool you scenario ...


i smell the NWNF types circling

" my employers gave me the wrong ladder " - but you used it you ****wit

mph1977

12,467 posts

169 months

Sunday 19th May 2013
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mph1977 said:
170 kg alone and on a sack barrow ?

were you 'forced' to move it alone ? as in put at risk of physical violence or a actually meant threat to your job ?

it;s sounding very much like a more fool you scenario ...


i smell the NWNF types circling

" my employers gave me the wrong ladder " - but you used it you ****wit
yes putting the packages on a skate or pallet would be a good idea - so why didn't you ...

far too many people being 'macho' in distribution and logistics and either not using the tools or the wrong tool for the job ...

smifffymoto

4,567 posts

206 months

Sunday 19th May 2013
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And even more people not supplied with the correct tools or equipment!

spaximus

4,233 posts

254 months

Sunday 19th May 2013
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If you are not entitle to sick pay then they have no obligation to pay.

You could make a claim if you can prove that you were inadequately trained, but you had a manual handling pack given.

If the equipment was faulty in any way.

But you did do something you felt unsafe to do so have some blame to carry.

You have a simple choice, pursue it and that would involve the H&S, a lawyer etc. So is the job worth keeping if so a weeks wages is a small price to pay, but I would want clarifcation of what they think is reasonable to do on your own.

If you hate the job and get some money it will be small beer and is it worth it in the long run?

Plastic chicken

Original Poster:

380 posts

205 months

Monday 20th May 2013
quotequote all
mph1977 said:
yes putting the packages on a skate or pallet would be a good idea - so why didn't you ...

far too many people being 'macho' in distribution and logistics and either not using the tools or the wrong tool for the job ...
I picked it up from a customer earlier in the day, & there wasn't a pallet available to put it on. I got the thing loaded o.k., so I figured I could handle it safely again. Double-manning doesn't really help with these large items, as only one person can use a sack barrow.
I wasn't being macho in the job...at 6pm on a Friday, all I wanted to do was move the bl**dy thing a.s.a.p. and go home for the weekend.

As I said before, I'm not interested in taking my employer to task, because I'll lose out. I'll just put it down to experience...

anonymous-user

55 months

Wednesday 22nd May 2013
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Employers paying full pay in this type of situation, when they wouldnt for normal sickness absence, has in the past been argued as an admission of responsibility, which is why many firms won't do it. Blame the NWNF lawyers for that one.