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AIBU?

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Original poster

My poor Dsis broke her jaw at work. WWYD?

55 replies

MoveYourArmsLikeHenry · 24/09/2013 23:04

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.

OP posts:
SavoyCabbage · 24/09/2013 23:46

Why would she get full pay???

Why shouldn't she! She would be able to work if she hadn't had the accident at work. She needs to be able to pay her bills.

McNewPants2013 · 24/09/2013 23:50

Morally she should get full pay.

However this light has been out for weeks so why didn't she just put the clothes into a nappy sack and explain the sluice was out of order instead of going into the sluice.

I hope your sister gets well soon.

AmIthatHot · 24/09/2013 23:53

Yes Pseudo is rut, La enforceable, not HSE. But definitely reportable as a major injury. Totally separate from any "compensation claim" which is civil, not criminal

Do you still get industrial injury benefit? Is so, then this would qualify

thinkfast · 24/09/2013 23:53

The employer will have insurance for this type of claim

ukatlast · 25/09/2013 01:27

What thinkfast said so your Sister needs to see a solicitor NOW.

Bogeyface · 25/09/2013 01:35

However this light has been out for weeks so why didn't she just put the clothes into a nappy sack and explain the sluice was out of order instead of going into the sluice.

Probably because she would have got a bollocking from the same employers for not rinsing the stuff out. I agree that she needs to see a solicitor and make sure that the LA are informed but she should also use her time off to look for another job, I dont fancy her chances much there if she does make a claim for loss of earnings.

MusicalEndorphins · 25/09/2013 06:59

This is her workplaces responsibility to have a safe well and lit area for everyone. Wet floors should have a sign up. She should not have to loose a cent, and if she doesn't speak up for herself, she is being foolish. her employers are liable. Hope things work out, and she has a speedy recovery. How is her neck? A jolt like that can inure it and sometimes one pain masks the other.

MusicalEndorphins · 25/09/2013 06:59

*injure

DisgraceToTheYChromosome · 25/09/2013 07:04

Hi OP. Her chances of compensation are good. Loss of earnings, pain and suffering, long term damage (broken jaws tend to ruin the looks). Full pay while off sick is a non-starter.

I'm concerned that they made her fill in the accident book before rendering her assistance. That's pretty twattish. Was the accident reported as it actually occurred? Are the witnesses to the unrepaired light going to come forward?

I agree with Bogeyface that she's best out of there, especially as her claim may also include breach of her employment rights.

Hth

Suttyshotty · 25/09/2013 07:06

I am a PI solicitor, she has an excellent claim. As a non union member her claim will be subject to a deduction of up to 25% due to changes in the law, she should consult a solicitor. Nobody has the right to paid sick leave, no matter why they are off work, hence most peoples need to claim for damages. It is a legal right.

greenfolder · 25/09/2013 07:10

Good heavens. She has the right to work safely. Her employer has failed in providing both a safe environment and a safe system of work which resulted in a spill not being cleared up. She is entitled to damages for her pain and suffering and entitled not to be out of pocket.

ZillionChocolate · 25/09/2013 07:46

Your poor sister. My friend broke her jaw and it was horrible.

If they won't pay her anything other than SSP while she's off, then I would encourage her to investigate a claim for compensation. I know a little bit about industrial injuries and I think it's awarded for long term disability/impairment, rather than short term injury.

SuttyShotty why is compensation reduced for not being a union member? What's the justification for it?

pixiepotter · 25/09/2013 08:05

Your sisterneeds to claim everything she can.This is why employers have to have insurance

girlynut · 25/09/2013 08:30

Your sister should consult a solicitor. It certainly sounds like the employer has been negligent and so she'd be entitled to damages for her pain and suffering plus out of pocket expenses such as loss of earnings and medical expenses. The nursery will simply pass the matter to its employers liability insurer to liaise with your sister and her solicitor.

norkmonster · 25/09/2013 10:35

This reply has been deleted

Message withdrawn at poster's request.

Sallyingforth · 25/09/2013 10:49

Full pay should be the absolute minimum. She should insist on that as an alternative to a legal claim, and the nursery ought to be glad she's not taking it further.

SybilRamkin · 25/09/2013 10:59

She should certainly get full pay, but she should also get compensation for pain and suffering - presumably the injury affects her life outside work too?

spongebob13 · 25/09/2013 11:42

I hope she was with it when filing out the accident report before she was treated and that she hasn't signed rights away or accepted blame.

poor thing.

Suttyshotty · 25/09/2013 12:52

@ Zillion, solicitors have to charge reduced fees after the government brought in new legislation at the behest of insurers, who massively fund the Tories. The reduction in legal fees is meant to be made up by solicitors taking up to 25% of damages from an injured party, but Norks is right, the deduction is up to each solicitor, so it pays to shop around. If you are a Union member there is normally no deduction if you use Union legal services.

Northumberlandlass · 25/09/2013 12:56

Of course she has to claim. This is what her employers pay insurance for.

Just because she completed the accident book doesn't been there hasn't been neglience. It is merely a description of the incident. Although slightly Hmm about making her complete it before getting her to A&E.

Your poor DSis, it sounds horrendous.

greenfolder · 27/09/2013 18:14

She might have legal assistance with her household policy so worth starting there

LessMissAbs · 27/09/2013 19:18

How awful for your poor DS.

There are two legal aspects to this - a health and safety investigation of the employer, and a possible claim by the employee for breach of the duty to provide a safe working environment by the employer. As regards the latter, particularly as your DS is not going to receive full sick pay for the period of absence, your DS should contact a solicitor. She should also be entitled to compensation for pain and suffering - as long as she wasn't at fault herself ie if she knowingly went past a sign telling her not to go there, or was asked to replace the light bulb herself and didn't. This sounds very unlikely so I really would encourage her to claim.

edam · 27/09/2013 19:25

Ruddy hell, that's terrible. Entirely avoidable accident caused by employer negligence. This stuff is basic - calls into question how safe the children are...

Agree with everyone else, she should see a solicitor, and check her home insurance policy to see whether she has legal cover. But solicitors will see her for an initial consultation and will very probably be able to bring a claim without it costing her anything - she should clarify this with any solicitor she contacts. Look up local firms and see whether they deal with claims for workplace accidents.

She also needs to make sure the nursery have reported this properly under health & safety regulations, as other posters have explained.

Hope she feels much better very soon, poor girl, and hope nursery realise it is in their own interest to pay her in full during sick leave.

SeaSickSal · 27/09/2013 19:28

If they don't pay her sick pay while she is off she should claim. Also, even if they pay her sick pay if her parents/partner/whatever have to take time off work to care for her she should also claim.

She should speak to a solicitor so that even if she doesn't claim in the first instance if a complication comes up from the injury later she will know what her rights are etc.

phantomnamechanger · 27/09/2013 19:33

this is very basic negligence on the part of the employers, and they are in deep trouble.

she should not talk to them at all before seeking legal advice.

DH had an employee break an arm falling over broken paving slabs outside the office - he tried to sue, but he was walking through a cordoned off out of bounds area and there were signs up everywhere, on staff notice boards etc about NOT going through this area but going round the long way till the work was done - he lost the case, obviously.

I hope your sis has no long term problems from this and it all heals well