My poor Dsis broke her jaw at work. WWYD?

[MoveYourArmsLikeHenry]

My younger sister works in a nursery, years ago I used to work in said nursery so I know the lay out. There is a laundry room and within laundry room there is a sluice area (basically for rinsing pooey clothes etc)

This area has its own light which does not work. Apparently staff have been telling management for weeks who have not replaced the lightbulb with a new one.

Dsis was walking into the sluice area and somebody rinsing clothes before she went in had left a giant puddle of water on the floor and hadn't mopped it up. Because it was dark my sister obviously didn't see the puddle and slipped on it, falling forward and smacked her jaw of the sink. Her jaw is broken and she will be off work for weeks! Before they would let her go to the emergency they made her fill out a bloody accident form while
She was crying in pain!

She is far too nice and doesn't want to claim. I am livid for her and the amount of pain she's in. WWYD if you where in her situation.

Will she get full pay for the six weeks off?

If so there's no need to 'claim' is there?

speak to my union and H+S people

I would recommend she speaks to a solicitor.

I hope she is pain free soon.

Are you in the UK?
At the very least your sister needs to ensure the accident is reported to HSE.

Thanks for the quick replies. Yes we are in the uk. She isn't part of a union and won't get full pay while off.

Well I'd expect to be on full pay while off sick at the veryleast.

There should be a risk assessment done after a hospitalization I think? So your sis should insist in seeing that and that actions are followed through.

She could complain to ofsted but needs to think that one through very carefully I should think!

I hope she heals well and feels better soon.

X post there. If she won't be on full pay then I think she should ask the nursery for compensation to make up the pay. Take it from there really.

That would be my starting point then - getting full pay while off.

Get her to ask the nursery to provide details of their liability insurance.

Why would she get full pay laurie?

I'd be trying to get them to pay full pay as she can't work.

Being off due to a workplace accident is different to just being off sick.

erm because it was her works fault she is unable to work? they need to be aware if there's any permanent damage she could take them to the cleaners. (knows someone who broke shoulder as a teacher in v v similar circs - well lit but no wet floor sign - massive compensation payout even by today's standards and this was in the 80s)

She had an accident which would have been avoidable if the management had replaced the light bulb as requested a number of times. Therefore the management bear some responsibility for the accident and it would be unfair for her to be off work without pay.

I'm not big on the compensation culture, but this sounds fairly clear.

Because the nursery is at fault. They were notified of a health and safety issue and failed to act.

Why should the employee lose out financially because the employer couldn't be bothered to fulfil their duty of care and change a light bulb?

Of course she should get full pay, but private nurseries are notoriously tight and very few even pay sick pay, so I'd be surprised if they paid her anything without a fight.

What is the outcome of her break? Will she need further treatment?

www.hse.gov.uk/contact/concerns.htm

It will be the local authority who will investigate the accident not the hse. Contact them and make sure they've had the report.

This is riddor reportable. She should make sure they do that.

This is a reportable incident under RIDDOR www.hse.gov.uk/riddor/what-must-i-report.htm. Your sister needs to ensure it has been reported to the HSE by her employer, it could be prosecutable.

Cross posts!

Of course she should get full pay - at the very least.

Tbh, I think she should take legal advice.

If she were to have lasting damage, then it might affect her ability to work. (hope this doesn't happen but if it does, they should take responsibility for the accident)

I think pseudo is right about local authority being the enforcer here.

Thanks Knotter, as it is a nursery not a school the LA will receive the RIDDOR and they will decide how/whether to investigate.

This process is completely separate from any compensation claim and is only to do with Health and Safety legislation.