To be upset that DPs work are demanding he goes in tonight when he's busy having surgery for an accident that happened at work last night, thanks to them?

[mumblesmummy]

They sent him off to do a job that isn't his to do, and gave him no tools other than a pen knife. This resulted in a slip which has severed tendons in his hand and so he's been sent off to a hospital 80 miles away whilst I am 8 and a half months pregnant, and my nana is dying in intensive care.

Then they have been texting him whilst he is ijn hospital awaiting surgery, and demanded that he return to work tonight. They have turned nasty when he said this is not possible.

How stupid can these employers get? He's probably got a massive claim against them.

You can report the accident yourself (or DH can). It is reportable if it results in 3 consecutive days off, includes the day of the accident and any weekends or Holidays etc. Make sure he talks to work before mentioning bringing a claim. Thier insurers will try and get them to offer a settlement if they are obviously in the wrong. This may be the best route depending on your circumstances. Also he may actually want to keep working for them and if he takes them to court that could be awkward

Keep everything in a diary, texts and notes of any conversations, that way if they are messing you about you can go to a Solicitor about it with all your evidence already gathered.

Inform the hospital staff about his work issues.

He may need notes or letters confirming his accident and the treatment he needed.

Write down the names of consultants and staff who treat him.

You know that he's not going to be able to use the hand for a while? It will be in a splint after the surgery and he's going to need physio to get the movement back. He will be off work for a while. You should seriously go and see a solicitor. Keep the text messages.

Here's what's reportable for major accidents/injuries. Taken from HSE website.

Major injuries
If there is an accident connected with work and your employee, or self-employed person working on the premises sustains a major injury, or a member of the public suffers an injury and is taken to hospital from the site of the accident, you must notify the enforcing authority without delay by telephoning the ICC or completing the appropriate online form (F2508).

Reportable major injuries are:

Fracture, other than to fingers, thumbs and toes;
Amputation;
Dislocation of the shoulder, hip, knee or spine;
Loss of sight (temporary or permanent);
Chemical or hot metal burn to the eye or any penetrating injury to the eye;
Injury resulting from an electric shock or electrical burn leading to unconsciousness, or requiring resuscitation or admittance to hospital for more than 24 hours;
Any other injury: leading to hypothermia, heat-induced illness or unconsciousness; or requiring resuscitation; or requiring admittance to hospital for more than 24 hours;
Unconsciousness caused by asphyxia or exposure to harmful substance or biological agent;
Acute illness requiring medical treatment, or loss of consciousness arising from absorption of any substance by inhalation, ingestion or through the skin;
Acute illness requiring medical treatment where there is reason to believe that this resulted from exposure to a biological agent or its toxins or infected material.

But the next bit of the HSE website, just below the bit you've cut and pasted on reportable major injuries, states:

Reportable over-three-day injuries

If there is an accident connected with work (including an act of physical violence) and your employee, or a self-employed person working on your premises, suffers an over-three-day injury you must report it to the enforcing authority within ten days.

An over-3-day injury is one which is not "major" but results in the injured person being away from work OR unable to do their full range of their normal duties for more than three days. You can notify the enforcing authority by telephoning the Incident Contact Centre on 0845 300 99 23 or completing the appropriate online form (F2508).

This injury seems almost certain to fall into that category unless mrmumble gets bullied back to work (and even then unlikely he can do the full range of his normal duties).

It definately falls into that but it falls into the bit I cut and pasted because MrMumble has been admitted to hospital and kept in for more than 24hrs.

The main thing is, they should be informed and also informed of the bullying tactics used by the supervisor.

Hope the surgery went okay. Also hope your Nana is comfortable and you're looking afetr yourself.

Are they keeping him in for over 24 hours? I'd missed that bit... I thought A&E sent him home overnight and then he went in again yesterday to be treated as an outpatient. Sorry.

No it's me that's been reading it wrong. One of the posts says he was going back to hospital.

Note to self - Read the posts you silly mare .

You need to tell the lawyer that they are likely to come back and say that

1. He was drunk at the time, and had been drinking on duty.
2. They never asked him to do whatever it is he was asked to do
3. He told them he was fine and didn't need any treatment other than bandadge and that was why he went straight back to work and why they expected him to turn up the next day.

You need to make sure that you have all of the above covered in advance. It can sometimes be easier to covertly return to work to gether evidence (eg that having a beer is 'normal' or whatever) before launching a legal suit at them.

Sounds like a pretty straight forward compensation claim to me - but that won't get you an apology from his work just some money (which will be useful if he can't work while his hand gets better).
Check your household insurance to see whether you have legal expesns cover on it which might pay for a lawyer to look at the claim.
Sounds like it was a horrible night for you.

How's it all going, Mumble? Any developments since last night? How's MrMumble and NanaMumble?

I severed the tendons in my little finger a few years ago (own fault - silly moo!)I had to have an operation to repair them and my hand ws in a splint for 6 weeks to help the tendond heal and I had to have physio as well. All in all I was off work for 2 1/2 months. Couldnt drive or anything that would put pressure on the tendons.
I hope he is feeling OK today and his op goes well. His emploeyers are areses and need the book throwing at them.
Hope you are OK too

Hi all.

Just an update.

Squiffy- sorry, it did sound as though I meant he'd been drinking, but it was just that he was in shock and all shakey and stuff so I thought he was drunk at first until I realised he hadn't been drinking, he was just totally shocked.

We've got an appointment at citizen's advice on Friday to sort out sick/benefits and the claim. I've had a good look at his txts and he explained he couldn't work because he was having surgery and she said 'well that's not going to take all night so you can get back here and work the late shift.'

He came home from the hospital last night as they didn't have a bed for him, but he was in agony. He's had to go back this morning (the travelling expenses are crippling us)so that he could have the op, but they still didn't have a bed so he's getting it done either tonight or tomorrow morning.

Nana's stable at the mo which is much more than anyone expected yesterday, but the doctors have said they didn't expect her to get this far and it's touch and go at the moment.

So CAB is the next step at the moment, and sorting out the accident form and the reporting of the accident. I don't think they've got much of a leg to stand on, particularly as they generally use either keys or knives rather than tools??!!!!!!! So DP was just copying what he'd leant from them as that's how he was told to do it. He's also been offered another job today, so it might be best if he leaves that shambles.

Thanks so much everyone. I've written everyone's advice down so that I know what I'm doing.

SHE SAID WHAT?????? "Surgery won't take all night so get back here and work the late shift?"

You could have some fun nailing her on that alone!

mumblesmummy I only flicked throught the thread, but I would call personal injury lawyers for you or any other firm of personal injury specialist (there are zillions of ads on TV so you should be able to find one easily).

They might be able to give you free initial advice and/or take on your case on a no win no fee basis if you decide to pursue matter further.

mumblesmummy....this sent a chill down my spine.
my dh got badly burnt in a work accident 4 yrs ago- was taken to A&E at midnight (3rd degree burns)- and the 1st i heard of it was 4am when he came home looking like a mummy.

like you i was gobsmacked when the next night his boss phoned to query where my dh was as his shift had started etc etc....

i was stunned.

He was also expected to resume the same job when he did return to work- they had no idea or understanding of how scared he was.

fast forward....to last november....

after almost 2 years of negotiation with a solicitor and one of those 'no win no fee' thingamyjigs... my dh got a decent payout...and a diagnosis of PTSD-

my advice to you is keep a diary/log of all that is going on- as when it came to court, my dh's employers were found to be negligent in not only the fact that the accident happened...but that his protective clothing was inadequate- but even that their failure to report the accident properly and how they failed to counsel him and 'help him resume duties' with supprt etc....well, it all got noted.

it was a horrific few weeks - and my heart goes out to you and yours- my husband is now in a totally different job as he feels unable to work with heat/fire anymore.

i hope something of this helps...i don't want to take over your thread- but should you decide to proceed with any legal proceedure- keep lots of notes, take photoes and if like my husband , straight after the accident he was told he had NO CLAIM by a helpline...see how things go and if your husband is still scarred or suffering any kind of impairment which may affect his ability to do leisure as well as work activities...remember you can still claim a couple of years later.

Hopefully he'll be fine... but for example since the accident my husband won't do barbeques and won't sit in direct sun- all due to how his accident has linked direct flame/sunlight to being burnt.

but for now just lots of TLC!

take care

Being given a penknife as a tool (although you didn't say what he was supposed to do with it) sounds like negligence to me

that bit.... "Surgery won't take all night so get back here and work the late shift?"

is just like a bit which was quoted by our solicitor to the employer regarding how when my dh questioned why they were expecting him to be back to work straight away and do same job...the HEAD of PERSONEL said...and i quote...." well its not as if it will ever happen to you again"

WTF!!! my dh was nearly blinded.

As far as the texts go- can you 'save' them to your phone or at least photograph the phone screens- as i have a horrible feeling that texts can 'expire' after a certain time...

That's a good point, Mum 23, take photos of your DH's bandages.
And have there been any tender, concerned phonce calls from work asking how he is?

Bloody hell these employers sound awful.

Hi all, only got a couple of mins online.

I'm so glad everyone's as shocked about this as me, I thought I was over reacting at first.

Hedgewitch- they made my DP drive to the hospital too. No idea how he did it with his hand like that as it's all windy lanes.

He's a security officer but was told that he had to do maintenance jobs without being provided with tools.

I've got a picture of the injury when it was first done as he sent me it from hospital because I wanted to know how bad it was and couldn't get to the hospital. I'll make sure he gets a good few pics of his bandages and such likes.

For the 24 hours thing, he went to A&E here and they bandaged it, sent him home, and sent him to the hospital 80 miles away first thing in the morning. He was kept there all day, then told as they had no beds he'd have to go home and come back in the morning. Which he did. He has then been kept in from yesterday morning and his operation is some time today so he may have to stay over tonight as well, as they're reattatching tendons, nerves and blood vessels. He has no feeling in it at all at the moment. Does it have to be 24 hours from the time of the actual accident or will 24 hours count as him staying there all day yesterday, over night, and today?

mum23- We've written the texts down in like a diary thing with dates and times, and we've saved them on his phone and my phone, so hopefully we'll be ok on that front. So sorry about your DH. It sounds very traumatic. It seems employers generally don't know their responsibilities doesn't it?

I was disgusted at her expecting him to be back at work, too. She actually lives on site, as do the other workers, so it's easy for them to cover him, too, she's just really awkward. I think that's the part that will get her in most trouble.

So CAB friday morning.

I'm desperate for him to come home now.

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