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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:
Lovestonap · 18/12/2019 06:22

OK, re the manual handling. I'm imagining a stand aid/turntable in which the resident was unable to bear their own weight, or hoist using a toileting sling which the resident was at risk of falling through.
Ultimately it sounds as if the resident was put at risk and you and your colleagues stepped in to protect them and injured yourself in the process.
I THINK (only through my experience working in similar situations not through legal training) that in order to get any enhanced sick pay or physiotherapy treatment paid for you would have to prove that you had been working according to manual handling guidelines and the assessment had been carried out incorrectly. The company will want to avoid taking responsibility unless you make them. By paying for your treatment they are at risk of admitting liability which opens them up to claims from other staff or the resident.
So I think you would have to approach this with a union/lawyer, have a full investigation into the incident and claim damages etc that way. You can still do this and keep your job, be aware that they will probably attempt to defend their position and claim user-error.

The hoist/stand - aid transfer to the bathroom - is that correct protocol or just how everyone does it because it's easier/layout of the room? Had you physically read the resident's assessment and care plan or had you allowed another member of staff to tell you which equipment was to be used. If there had been problems before, is there evidence that management were aware of these problems? Is there evidence that you reported this incident straight afterwards to management, requiring immediate reassessment of resident?

Someone is at fault here as a resident and staff were put at risk. To get financial assistance you will have to prove it was management and they will probably try to defend their position and prove it was you, which could result in a disciplinary.

If you genuinely think it was not something you could have prevented then be prepared to fight, your back is so important and poor management procedures should not be allowed to disregard your health in this way. Good luck

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