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.

mumblesmummy -- I think the 24 hours will still count for yesterday and today, but even if it doesn't it's a reportable accident if he misses three days of work. The difference is that if it's reportable under the 24-hour rule it counts as a major injury so his employer should report it "without delay", while if it's reportable under the 3-day rule then his employer only needs to report within ten days of the oriinal incident.

Make sure his employer knows that he's expected to be in hospital until tomorrow morning, and do it via some method you can keep a record of. That way if they don't report the accident "without delay" you can subsequently demonstrate that they did have the information that they needed to know that it was reportable.

Then I suggest your DH calls the HSE Infoline 0845 345 0055 and gets official advice on how he can tell whether the incident has been reported by his employer, how he can check the details of how his employer claimed the incident happened, and what he can do about it if it hasn't been reported at all. They might refer him to the Incident Contact Centre.

You can also find details of your local HSE office here.

And do keep us posted. Hope he's feeling better soon. He's going to be needed on nappy duty!

Excellent advise on this thread. Also, if there is an union but you're not a current member, it doesn't necessarily mean that they won't take your case on. I speak from experience on that point. Do contact them and the Health and Safety Staff representative if there is one. With a case like this, too, it's clear that it's a case that the union are likely to win which is something they like especially as it'll mean their members get better working conditions from the improvements that HSE will (I think) insist on. My employer would have acted in quite the opposite way to your dp's employer.

Thinking of you about your Nan, too.

How come this employer lives on site with other workers? are they all immigrants or something?
Maybe she thinks he does not know his rights and how many other employees have had this happen but because they were foreign they did not know what to do

It's not immigrants, it's a holiday camp and my DP is security officer along with some other people. His bosses live there in the summer. My DP doesn't though, we live about 40 miles away.

Thanks for all the advice, I am definately taking it all on board ready to take it further.

Port- I will let them know at his work and tell them to report it ASAP.

Thanks for all your info on the HSE, to be honest, I didn't know it existed until now!!

"He's a security officer but was told that he had to do maintenance jobs without being provided with tools." - had he been trained to do the maintenance jobs ? Had the jobs been risk assessed by the employer - if not - there are no reasons to prosecute.

Also be aware (sorry if you are already) of the difference between the HSE prosecuting the employer for breaches of H&S Law and you possibly wanting to make a civil claim to gain compensation for their negligence resulting in his injury

Sorry that should have said "There are MORE reasons to prosecute" OOPS

No he hasn't been trained exactly, he's just been working alongside someone and told that that's what he has to do.

depending on which tendon(s) have been severed, he will need at least 4 weeks off work. It could be a lot more.

I don't evben know what to say! There is just so many levels on which this is so wrong - your saying he has had no training? Has he ever signed anything to do with training (I worked in a place that just made me sign the forms but didn't actually bother with the training). How long has he worked there? SO glad you are going to CAB. I hope working the 2 extra hours hasn't made his hand worse, I am so so

MM - any joy at the CAB?

How is DH?

On the stay in Hospital thing - we had an employee that was injured and he was sent home then went back when a surgical spot came up - they counted it as a stay under the 24hour ruling as it was continuous care.

The HSEs finding can be used to support a Civil claim for damages but they can take a very long time to conclude things, I have waited 18 months to hear outcomes of investigations. Hopefully a visit from the HSE waving warrent cards in their faces will give them a wake up call. They can also issue a formal caution - you know the one the police say - "anything you say may be used in evidence etc" It is a scarey thought - makes me keep my lot in line

Anyway I hope things are improving and your Nan is doing OK.

sue the muppets so sorry about your gran

I'd love to show this thread to anyone who ever moans about "bloody unions. Bloody Health and Safety".

No more advice to offer, but best wishes for all the stuff that is happening in your life. THinking of you all.

YANBU. They should not have made him cary on working and should not be expecting him to go back to work. I agree with others get legal advice straight away and save all those text messages.