Active discussions

Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

Talk
Work

Chat with other users about all things related to working life on our Work forum.

Original poster

Accident at work

26 replies

user1469525654 · 13/12/2019 20:39

I am looking for advice, I had an accident at work last weekend that resulted this week in a hospital and gp visit and being signed off sick for the whole week. The accident has affected my mobility and caused horrendous pain. This is also an ongoing injury that may take some time to heal. Would you expect the employer to pay company sick pay and assist with occupational therapy

OP posts:
flowery · 13/12/2019 20:46

Were they at fault?

KrampusTime · 13/12/2019 20:47

What kind of accident was it, and was it the result of negligence on their part?

Original poster
user1469525654 · 13/12/2019 20:55

Without putting myself this is tricky...basically I was moving a person using equipment that didn't suit their issues but we didn't know that until we used it. Person concerned was unsafe mid transit which meant myself and other person causing ourselves back pain to place them down into a safe position to avoid an accident.

OP posts:
Original poster
user1469525654 · 13/12/2019 20:56

My back gave way the same afternoon and now I can barely walk

OP posts:
Original poster
user1469525654 · 13/12/2019 20:57

I don't wish to cause unrest I like what I do but the loss of income is huge

OP posts:
Sprinklemetinsel · 13/12/2019 21:01

So a back injury suffered during manual handling of a patient. All policies correctly followed?

Aquicknamechange2019 · 13/12/2019 21:02

Also depends on how long you have worked there, I believe

Pinkyyy · 13/12/2019 21:04

It sounds as though you weren't following correct procedure if you weren't using the right equipment, we need a bit more detail really because it all comes down to who's at fault.

Epwell · 13/12/2019 21:05

do you have household insurance? Worth checking to see if it has legal expenses cover which might help you bring a claim?

Original poster
user1469525654 · 13/12/2019 21:06

Spot on yes all procedures correctly followed but equipment used unsafe given the person's inability to stay upright. This had been mentioned when same thing happened to two other staff. Correct equipment is now on order sadly I came off injured as a result

OP posts:
Original poster
user1469525654 · 13/12/2019 21:07

18 months

OP posts:
Original poster
user1469525654 · 13/12/2019 21:08

Basically person had been incorrectly assessed but I didn't know this at the time

OP posts:
unfortunateevents · 13/12/2019 21:09

If the company offers enhanced sick pay then yes I would expect them to pay it, why wouldn't they? When you speak about them helping with occupational therapy, do you mean physiotherapy or something else? If this is needed are you not receiving this via the NHS or do you think the company should be offering something extra or in a faster time frame than the NHS? Your post isn't terribly clear about how the accident happened - if the equipment wasn't suitable for the person's issues, should you have been aware of that before using this particular equipment? If you weren't aware, why not? Because you were misinformed about the issues, because you misunderstood, because you weren't properly trained in how to use the equipment, or some other reason?

Original poster
user1469525654 · 13/12/2019 21:12

Company only offering statutory sick. Occy health not even mentioned but do exist who could at least assess ways to help practically at work on return. I knew two staff had struggled to move this person safely previously but didn't the extent of the issue until it happened to me

OP posts:
shocking8655 · 13/12/2019 21:16

So from what I gather from this you used a hoist? On a patient which wasn't suitable for them. Were they risk assessed for this equipment? When previous members of staff realised this was unsuitable did they report the issue? Surely if you use a hoist (I'm assuming a hoist at this time could be way off) as you lifted them up you would have noticed it was unsuitable and returned them to there start position before it got to the point of you hurting yourself?

Again I could be jumping the gun but these are the questions that would be asked. Maybe worth asking unions for advise so you can go into more detail if your part of one. Coming from a similar background it's an utter nightmare moving patients but somehow the care homes know every loophole to get out of it so RL advise would be best especially if you're going to lose pay etc.

Original poster
user1469525654 · 13/12/2019 21:20

Spot on again. Person concerned did not move themselves in hoist until mid air on way to bathroom so only way to go was toilet for speed and safety. I don't want hassle I am not looking for a legal battle I love what I do but I need to think of the financial consequences

OP posts:
shocking8655 · 13/12/2019 21:28

I get you don't wanna rock the boat with employers etc. However as you said your now financially disadvantaged. If this issue was reported to management by other staff members but no action was taken then they would in theory be liable as they knew there was an issue. However if they had made you aware of the issues and you used the equipment anyway you would be liable. Also there are other staff members to think about, how are they currently moving the patient while new equipment is on order? My bet is they will still be using the hoist.

Personally I would seek advise from a union rep. Your managers don't even need to know you have asked for advise as you can keep it confidential. It's what you pay them a fee for.

Wishing you a quick recovery op

awlgy · 14/12/2019 14:53

From your last post it reads as if you were moving them to bathroom using the hoist as a method of transport ? My understanding has always been that this shouldn’t be used for this .

Original poster
user1469525654 · 14/12/2019 22:26

Bathroom is ensuite to bedroom

OP posts:
pelirocco123 · 14/12/2019 22:45

If you are off work due to an accident at work your employers have to report this to HSE, ....RIDDOR
Have you received training in manual handling and have risk assessments been done?
We had an ex employee try to sue us for loss of earnings due to an 'accident' at work he was off 2 days and we paid him normal wages which our insurers said was a good idea as it heads off any claim ....as he was scamming us he didnt get far
You need legal advice

CountFosco · 14/12/2019 22:57

As PP said a lost time accident is RIDDOR reportable. Your company should be tracking accidents including near misses, what happened when people struggled to move this patient previously? Was it raised as an issue and reassessed? If the company doesn't foster a safety culture and encourage reporting of issues it's hardly surprising mistakes get made in the heat of the job. I bet you would have got bollocked for refusing to move the patient until a full risk assessment was performed. It is not your fault you got injured, it is company culture. Speak to your union for advice.

Egghead68 · 14/12/2019 22:59

I think you need to see a lawyer.

returntostudy · 15/12/2019 08:15

@awlgy "From your last post it reads as if you were moving them to bathroom using the hoist as a method of transport ? My understanding has always been that this shouldn’t be used for this"

This is a good point. My understanding hoists are you use them from bed to wheelchair. So if the pt struggled you should have been able to safely put them back on the bed or chair. If it's common practice in your place to take them to a bathroom on the hoist I'd be asking myself why that is? Have you be taught that way or is it culture?

awlgy · 15/12/2019 21:22

@returntostudy exactly . The step for a hint is in the title of the piece of equipment : hoist , not transporter .

SauvignonBlanche · 15/12/2019 21:28

Did you fill in an accident book?
Ask your employer if the incident has been reported see guidelines here.