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Post by agingerstokie on Dec 25, 2017 19:33:20 GMT
About 6 months ago I was involved in a work accident which has left me unable to lift my left arm above my head and full of metal plates and other shit in my shoulder. Recently I've found out that the machine I was using which caused my accident was faulty when I used it and no one had reported it beforehand.
Now I was working with my mother at the time (she is my manager) but we were at a different site other than the one we we're based at but she was as in the dark as me about potential faults with machinery etc. as we were training a new manager after the previous one had walked out.
Is it worth me looking into making a claim and also is there likely to be any shit coming my mothers way if I do so?
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Post by Mendicant on Dec 25, 2017 21:42:39 GMT
Without knowing the full circumstances, the basic fact is that you have had a bad injury at work that affects your mobility. On that basis, I'd claim.
If your mum had been liable then she'd have known that she was liable. The company can't make individual managers responsible for health and safety without telling them. So it could be the director responsible for health and safety who is made accountable and has to suffer the consequences.
That said, companies can still find dubious ways of punishing people who don't do as directors ask no matter how unfair. Therefore there's a chance your mum, one way or another, might suffer some kind of negative consequences, the thin end of the wedge over other unrelated stuff.
Like I say though, that's without full knowledge of what happened.
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Post by agingerstokie on Dec 25, 2017 22:11:00 GMT
Without knowing the full circumstances, the basic fact is that you have had a bad injury at work that affects your mobility. On that basis, I'd claim. If your mum had been liable then she'd have known that she was liable. The company can't make individual managers responsible for health and safety without telling them. So it could be the director responsible for health and safety who is made accountable and has to suffer the consequences. That said, companies can still find dubious ways of punishing people who don't do as directors ask no matter how unfair. Therefore there's a chance your mum, one way or another, might suffer some kind of negative consequences, the thin end of the wedge over other unrelated stuff. Like I say though, that's without full knowledge of what happened. Basically I was doing part-time cleaning and I was working in a Morrison's store (not under contract by them but a cleaning company) and I was using a car park road sweeper type machine, the dial to alter the speed of the vehicle wasn't working although it hadn't been reported. So no one knew about it as the previous manager who had walked out didn't bother to flag it and I tried to turn it in a tight corner believing that I'd lowered the speed down and it tipped on it's side and I fell into a wall (The machines don't have seat belts on by design but that's an issue for another time), landed on my shoulder dislocating it and fracturing my humerus resulting in having metal bolts and plates etc. attached to it in surgery and now I've lost full function of my arm. |
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Post by Mendicant on Dec 25, 2017 22:23:59 GMT
The company has provided faulty equipment that you used sensibly and redponsibly to do your job, and that fault caused the accident. Also, nobody told you it was faulty, and nobody took it out of service before someone had an accident. That's worth getting legal advice over, with a view to claiming. I don't know of any good local law firms to recomend but I'm sure someone will.
I'd guess your mum as manager could only be seen as one of the people responsible if she had known it was damaged and done nothing about it. But that wasn't the case, then it sounds like she's not likely to get any blame.
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Post by agingerstokie on Dec 25, 2017 22:30:49 GMT
The company has provided faulty equipment that you used sensibly and redponsibly to do your job, and that fault caused the accident. Also, nobody told you it was faulty, and nobody took it out of service before someone had an accident. That's worth getting legal advice over, with a view to claiming. I don't know of any good local law firms to recomend but I'm sure someone will. I'd guess your mum as manager could only be seen as one of the people responsible if she had known it was damaged and done nothing about it. But that wasn't the case, then it sounds like she's not likely to get any blame. Thanks a lot, I thought as much but I wanted someone to clarify my thoughts |
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Post by Deleted on Dec 25, 2017 22:35:56 GMT
Did you get full training in using the equipment ?, also is there some form of pre use check list ? and finally was you wearing any if required ppe ?
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Post by torgaustokie on Dec 25, 2017 22:58:40 GMT
I have had a fall at a Sainsburys and got a similar injury was reported at the time and I went to a solicitor the same week my trip was caught on cctv but they only keep images for 30 days so you may have left it late did you report accident ?
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Post by RichieBarkerOut! on Dec 25, 2017 23:14:52 GMT
Have you asked your mum about it? If she was you manager at the time, she should know if there was a safe system of work in place to ensure that the equipment is checked. If the fault was not apparent by normal operational checks, then she's in the clear.
On another note, if you have had training to check for that fault before using the equipment, then it's your fault for using faulty equipment.
This can go round in circles depending on the work practices, but with the full facts, a solicitor/claims company could get to the bottom of things very quickly.
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Post by agingerstokie on Dec 26, 2017 3:34:23 GMT
The company comes across quite cowboy in it's approach, there are no pre-work checks taken out on any machinery and no PPE etc. regarding the CCTV while there isn't any of that, my accident is documented I was seen to by the first aider on the site and the manager of the Morrisons store noted down my details etc. to log that I had an accident. So it's not a he said, she said scenario. sharpy torgaustokie RichieBarkerOut! |
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Post by supersimonstainrod on Dec 26, 2017 4:13:40 GMT
Did you get full training in using the equipment ?, also is there some form of pre use check list ? and finally was you wearing any if required ppe ? This. I think periodic H&S is a legal obligation,and should cover where responsibility for the reporting of faulty equipment sits,also who should be checking items before every use. Plus,do you have checkable training records to substantiate whether you were/weren't given the requisite training.Can imagine it being quite a tangle if everything isn't clearly demarcated. Do cleaning contractors have a union such as Usdaw? (Union for retail staff,) and if so can they take up the case for you? I know Ushaw have an accident advice/claim line which would spare you outsourcing any legal work that needs to be completed. |
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Post by agingerstokie on Dec 26, 2017 11:20:08 GMT
Did you get full training in using the equipment ?, also is there some form of pre use check list ? and finally was you wearing any if required ppe ? This. I think periodic H&S is a legal obligation,and should cover where responsibility for the reporting of faulty equipment sits,also who should be checking items before every use. Plus,do you have checkable training records to substantiate whether you were/weren't given the requisite training.Can imagine it being quite a tangle if everything isn't clearly demarcated. Do cleaning contractors have a union such as Usdaw? (Union for retail staff,) and if so can they take up the case for you? I know Ushaw have an accident advice/claim line which would spare you outsourcing any legal work that needs to be completed. Well if it's a legal obligation, it isn't in play at my company I worked there for 3 months and no one checked equipment until after realising it's broken... There are basic records of training at the old company I was contracted under, about a month before the accident another company took over the Morrisons contract so we were transferred to a different company. Regarding unions I've never had any knowledge about unions attributed to the companies I worked for, but then again I worked at Sainsburys for a year before unions were even brought up. Naive of me not to look into it I know but didn't plan on being there long enough to join one |
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