Accident at work

[happy2bhomely]

My sister works in a small office. Last week her employer held a bottle of cleaning fluid under her nose and squeezed it, for her to smell. She was taken by surprise and he squeezed too hard. The cleaning fluid covered her face and went into her eyes and mouth. It is similar to nail varnish remover. Her eyes were burning and she rinsed them with water. She asked to be taken to the hospital, but her boss insisted that she waited 5 minutes to 'see how it goes'. After 5 minutes he drove her to her gp surgery. Her gp told her that she should have gone straight to A and E but her eyes seemed fine and there was no damage done. Her employer gave her £50 in cash when he dropped her off 'incase she needed a taxi'.

She has gone back to work and her employer has apologised for the accident.

My sister has now been advised by friends to contact a solicitor regarding the incident. She has been told she may be likely to a pay-out of some sort.

Aibu to think that although her boss was a prat, he did not do this maliciously. She did not suffer loss of earnings due to the accident, and I think it is horrible that she is even considering this.

so there is no injury or loss of earnings - on what basis does she think she could claim ?

YANBU - it was a silly thing for the boss to do but like you say, it was an accident, not malicious. What would she be claiming for?? She will get diddly squat and look like a greedy cow in the process!

Madness, all these ridiculous claims are the exact reasons insurance premiums are sky high!

She probably COULD claim on the basis of having to endure the indignity of having cleaning solution sprayed in her face LIZS, it's not exactly something we expect in an office role, is it?

Whether she should or not depends entirely on how much she generally likes her boss/her job as it would make things extremely awkward.

I have no idea! She thinks he should be 'punished'. She has some really idiotic friends advising her. I'm worried as her boss is a work 'friend' of my husbands and I'm worried it's all going to get very awkward if she pursues this.

what sort of a tit is her boss? anybody with half a brain cell would know not to squeeze and open bottle of cleaning fluid whilst under someone's nose!! surely she would have been able to smell it without being squeezed!!

punished? Would she like him to stand in the corner, or is she only talking about cold, hard cash?

ah yes, i see the point of your post now.

Punished??? FGS, how ridiculous!!!! Oh well, she can claim, if miracles happen she may get a few measly quid and then have to use that money whilst she looks for a new job!! Complete madness, tell her to think about it properly and stop being so greedy!

He does sound like a prat. It must have been pretty hairraising at the time I should think. However, now that she is home safe and well I'm not sure if there is any point in making a claim. If she had been injured then fair enough.

Cold hard cash is what it comes down to unfortunately. Her boss is indeed a tit.

I have told her to think very carefully before she calls anyone. I hope she listens.

Can't see how she can have a claim - she hasn't suffered any injury or loss.

You can only make a civil claim for loss or injury. There has been none.

And no criminal offence has been committed because unfortunately stupidity is not a crime.

However if she is intent on pursuing a civil claim she will no doubt be able to find herself an unethical solicitorswilling to start the ball rolling with a few letters. She should be looking at about £75+ per letter and the loss of her job.

Thanks for the replies. I'm going to call her now and have a chat.

Why did he stick it under her nose?

He must have known it was toxic?

I think your sister should concentrate her efforts in looking for a new job, you know , one where her co-workers are adults!

We have a compensatory damages model here so what is her loss? Earnings? Apparently not. Other expenses? Probably not if the 50 quid covered a taxi home. Pain and suffering? There probably was some discomfort for a few hours but that is not likely to be worth bothering with.

It was an accident. Her boss was an idiot but I'm not seeing any loss that needs to be compensated here. Making a claim would make things VERY awkward at work and be far more trouble than it is worth as it would likely be thrown out by the court based on what you have posted here.

I have no idea whetehr a claim would be successful or not - I dont know if the stress and worry e.g. regarding possible dammage would count. But I do know there are Health and safety laws governed by the Health and safety at work Act and by law an accident/incident form should have been filled in. Is your friend in a Union?

Sorry sister

Her boss will be insured - it is compulsory - but the damages will be modest in the extreme and his premiums will rocket. Not worth it.

To be fair on her, she is feeling annoyed with him because on the way to the doctor he said to her, "I can't believe that happened! All I did was hit it down on the counter and it splashed your face!" She was too busy worrying about her eyes to realise that he was already trying to cover his arse by bending the truth. Now she's thought about it, it's starting to bother her.

He has made a few jokes about it since, like "come here a minute-don't worry, the cleaner is in the cupboard!" and "bet it's not the first time something's squirted you in the eye, eh?" He is a prat, but thats not the point is it?

She is not in a union. It is only him and her in the office. I doubt an accident form was filled in.

"bet it's not the first time something's squirted you in the eye, eh?"

What a tool.

and this guy is your husband's friend?

She has of course written it in the accident book, and made a written complaint? With a description of what happened?

Are you saying that the office first-aider was not called?

I think what she is owed is an apology and assurances that something like that will not be done again.

and chocolate.

lots and lots of chocolate.