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Accident at work and sick pay

(7 Posts)
Makingmama Thu 02-May-13 17:39:42

Hi hopefully someone can help give me a little advise.

A friend recently had an accident at work. He's a bricklayer and was working on a roof with no harness/scaffolding/experience, as far as I know there was no risk assessment or anything done prior to him working on the roof. My friend fell 3 metres onto a concrete floor and was rushed to hospital in an ambulance. Luckily he's only suffered a very bad break in his wrist (may need an operation) and he's fractured his sternum.

He's now going to be off work for at least 6 weeks. His employer is paying him statutory sick pay with a little bit extra, which is less than a third of his salary, he still has a mortgage and bills to pay for etc.

I'm just curious as to whether this sounds above board? Or whether he has any rights/should take this further?

Many thanks,

AgentProvocateur Thu 02-May-13 17:44:25

I'm not an expert, but it seems like there two separate issues here.

That accident would be notifiable to HSE and your friend's employer may get fined.

The sick pay is another issue, and it's quite normal to get SSP, regardless of how the accident was caused.

Also, why was your friend not wearing a harness? That can be a sackable offence. He needs to get legal advice.

Madlizzy Thu 02-May-13 17:50:52

That comes under RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurances Act 1995) and does need reporting as Agent said. If it doesn't get reported and/or if the employer is found to be at fault, it's a prosecutable offence and the employer can actually be jailed as it's a criminal act. Was your friend instructed to work on the roof with no safety equipment? Has he had training to do this? Did he take it upon himself to do this?If it's the latter, then he can actually be prosecuted himself. Not sure about the SSP side.

Makingmama Thu 02-May-13 18:30:10

Thank you both. I'm pretty sure it hasn't been notified to HSE...

No one has harnesses apart from 1 guy who's the scaffolder. No one has been trained in that area - there was no training for working on a roof/harnesses etc. And yes he was instructed to work on the roof with no safety equipment.

He has just done what he has been told to do, but no training so didn't realise the importance/that a harness was necessary.

Madlizzy Thu 02-May-13 20:44:11

Funnily enough, I've just spend an entire day on a Health & Safety course learning all this, including working at height. His boss will be toast. Your friend needs to report it to the HSE himself and get advice from ACAS.

Hanginggardenofboobylon Thu 02-May-13 20:48:12

He needs to get to a solicitor specialising in personal injury. If he has legal expenses on his home insurance that should cover him, otherwise it would be a no win no fee. There is no means of getting immediate compensation though, unless his employer admitted liability and then he might get an interim payment whilst the value of his claim is determined.
The work at height regs are quite strict. He should have the basis of a claim if what you say is correct about no risk assessment no safety equipment etc.

Makingmama Thu 02-May-13 21:15:17

Thank you, I will pass all of this info to him, I hope he acts on it. I worry that if they continue running their company like this, someone will get seriously hurt.

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