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Original poster

Whose in the wrong?

80 replies

pepperrabit · 14/07/2024 11:44

Accident at work?

Hi, keeping this minimal details to keep anon.

I had a pretty serious accident at work a few days ago.

Basically resulted in a hospital visit. Was potentially fatal in different circumstance’s due to the fact I have to work alone. I was just educated enough to have a rough idea of my condition.

A few friends and family have said I should look into legal advice.

The thing is, I can’t decide who if anyone is at fault. I’m about 80/20 that it’s the fault of my employer.

I basically had to complete a task that is mentioned no where in the operation manual. But the task is mentioned to be completed just not how.

So, the only way to do so is in an unsafe manner. The injury is something that could be expected in my line of work but not for this reason.

I was also alone at the time, which has always been unreasonable to me. I can’t imagine, given the equipment used that a risk assessment for lone working has been completed?

I also had to wait for cover before I was permitted to leave.

So although very minimal information, what are thoughts, any advice?

I am a member of a trade union so will seek advice from them come Monday.

OP posts:
leeverarch · 14/07/2024 11:50

100% their fault. They expected you to do a job for which you had not been trained, using potentially dangerous equipment, given a deadline in which to do it, and whilst you were alone.

longdistanceclaraclara · 14/07/2024 11:52

Has it been reported under RIDDOR?

Original poster
pepperrabit · 14/07/2024 11:57

leeverarch · 14/07/2024 11:50

100% their fault. They expected you to do a job for which you had not been trained, using potentially dangerous equipment, given a deadline in which to do it, and whilst you were alone.

That's how they all see it, my main concern is I know it's not the right way to do it but was given no alternative on how it is to be done.

I never asked about it because it's something I would have done at home and that's where I wonder if it's my own fault?

OP posts:
Original poster
pepperrabit · 14/07/2024 11:58

longdistanceclaraclara · 14/07/2024 11:52

Has it been reported under RIDDOR?

Nope not yet to my knowledge, I was at work myself and wasn't allowed to leave until someone else arrived at which point I bolted as I was bleeding profusely.

OP posts:
BobbyBiscuits · 14/07/2024 12:03

You would not have performed the task unless they instructed you to. They should've trained you in exactly how to do it safely. You were alone and had to complete the task, so did so in the only way you knew that was physically possible.
It's definitely their fault fully.
Speak to union first, then maybe solicitor.

DancefloorAcrobatics · 14/07/2024 12:05

You said you went to the hospital for the injury... they should have reported it.

As for fault, it's entirely down to your workplace. The only thing that they could argue is that they didn't ask you to complete the task...
But then, being injured and having to wait for someone else to turn up before seeking treatment is negligence on behalf of your employer. Should you have been working by yourselve in the first place?

ItMustBeNiceToBeQueen · 14/07/2024 12:05

The fact that they wouldn’t let you leave to seek urgent medical attention is appalling too.
WTH do you work?!

Original poster
pepperrabit · 14/07/2024 12:39

BobbyBiscuits · 14/07/2024 12:03

You would not have performed the task unless they instructed you to. They should've trained you in exactly how to do it safely. You were alone and had to complete the task, so did so in the only way you knew that was physically possible.
It's definitely their fault fully.
Speak to union first, then maybe solicitor.

Yes that's true there was very little in the way of training a lot of the tasks are common sense but then there's this one that I dare say a lot of people do at home but now I've thought about it/experienced it - absolutely should not be preformed at a work place especially alone!

OP posts:
Original poster
pepperrabit · 14/07/2024 12:44

DancefloorAcrobatics · 14/07/2024 12:05

You said you went to the hospital for the injury... they should have reported it.

As for fault, it's entirely down to your workplace. The only thing that they could argue is that they didn't ask you to complete the task...
But then, being injured and having to wait for someone else to turn up before seeking treatment is negligence on behalf of your employer. Should you have been working by yourselve in the first place?

It's a very generic phrase in the hand book, not the exact quote but a generic version is

"If the customer can't see it, they won't buy it".

I know, that one never really stuck with me in the moment but now I'm furious.

I really don't think I should have been working alone but that is the shift pattern. But had I been the kind of person who faints at the sight of blood, I would have bled out for upto 3 hours before someone would have came in. And as I said these kind of injuries can be expected in my line of work just not for the reason in which I done it.

OP posts:
Original poster
pepperrabit · 14/07/2024 12:45

ItMustBeNiceToBeQueen · 14/07/2024 12:05

The fact that they wouldn’t let you leave to seek urgent medical attention is appalling too.
WTH do you work?!

Small town family business 🙈

OP posts:
Tiswa · 14/07/2024 12:46

They wouldn’t let you leave - that is appalling I would seek legal advice

LemonCurdLucy · 14/07/2024 12:46

Was it cleaning a meat slicer?

Spirallingdownwards · 14/07/2024 12:47

Stop being so cryptic and say what you were doing and how especially if it is something we would all do at home anyway.

leeverarch · 14/07/2024 12:48

pepperrabit · 14/07/2024 11:57

That's how they all see it, my main concern is I know it's not the right way to do it but was given no alternative on how it is to be done.

I never asked about it because it's something I would have done at home and that's where I wonder if it's my own fault?

Show quote history

Whether you would have done it at home or not is irrelevant.

They gave you a task to do and you were injured whilst doing it. That is their responsibility.

Original poster
pepperrabit · 14/07/2024 12:53

Tiswa · 14/07/2024 12:46

They wouldn’t let you leave - that is appalling I would seek legal advice

I know that's the bit that kind of keeps getting me... I never thought at the time because I was panicked and never been in this situation before...

OP posts:
Original poster
pepperrabit · 14/07/2024 12:54

LemonCurdLucy · 14/07/2024 12:46

Was it cleaning a meat slicer?

It was not haha

OP posts:
Original poster
pepperrabit · 14/07/2024 12:55

Spirallingdownwards · 14/07/2024 12:47

Stop being so cryptic and say what you were doing and how especially if it is something we would all do at home anyway.

Sorry, it was quite a unique injury and so I don't want to risk it. But once it's all sorted I'm happy to send you a message and let you know what it was. If it was something generic like I slipped and no wet floor sign that could have happened anywhere, this was relatively specific.

OP posts:
Original poster
pepperrabit · 14/07/2024 12:57

@leeverarch that's what I'm starting to realise, as there was no other way to complete the task

OP posts:
SleepingStandingUp · 14/07/2024 13:03

I don't understand why you stood there bleeding profusely for three hours and agreeing to not leave.

But Def speak to your union, take lots of pics, do a written account of what happened so you don't forget details, Inc who told you you couldn't leave and why etc. everything. And seek legal advice.

PiggieWig · 14/07/2024 13:04

If it’s an identifiable risk, such as handling chemicals, working at heights, operating heavy/sharp machinery, there should be a record of a risk assessment. Is there?

Thatsthebottomline · 14/07/2024 13:08

Was there any risk assessments in place ? If it’s lone working then that is a risk in itself. HR if you have one should have written copies of Risk Assessments mitigating for this kind of thing.

JurassicClark · 14/07/2024 13:10

Who's in the wrong - 'Whose' is possessive.

<misses point of thread>

NoDishiRishi · 14/07/2024 13:15

Why didn't you call an ambulance if you were bleeding profusely/ just leave?

Original poster
pepperrabit · 14/07/2024 13:18

SleepingStandingUp · 14/07/2024 13:03

I don't understand why you stood there bleeding profusely for three hours and agreeing to not leave.

But Def speak to your union, take lots of pics, do a written account of what happened so you don't forget details, Inc who told you you couldn't leave and why etc. everything. And seek legal advice.

I didn't wait 3 hours haha. I was saying that if I hadn't been quick acting or fainted etc it would have been upto 3 hours until someone found me!

But the written account is a good idea. I've texted my union rep so will see what he says.

OP posts:
Original poster
pepperrabit · 14/07/2024 13:19

PiggieWig · 14/07/2024 13:04

If it’s an identifiable risk, such as handling chemicals, working at heights, operating heavy/sharp machinery, there should be a record of a risk assessment. Is there?

I don't know if there is, I didn't actually know that was a thing until I looked into it. Where would I find it? Orr where should I find it?

OP posts:
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