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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:
Original poster
pepperrabit · 14/07/2024 13:21

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.

I couldn't tell you, it never really occurred to me as I've never had any issues with work in terms of things like this.

OP posts:
Original poster
pepperrabit · 14/07/2024 13:21

JurassicClark · 14/07/2024 13:10

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

<misses point of thread>

Haha, groggy from pain killers and typing with one hand. Either an oversight or an autocorrect 🤪

OP posts:
Original poster
pepperrabit · 14/07/2024 13:24

NoDishiRishi · 14/07/2024 13:15

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

I'm one of those people that's always scared they're overreacting so honestly I would have never called an ambulance and was scared that if I left and it was nothing and just a bad bleed I'd get into trouble which sounds silly now I know the severity. Tbh I don't have a fully recollection of what happened as it was a bit of a blur.

OP posts:
WeeOrcadian · 14/07/2024 13:26

You need formal, legal advice

Union / ACAS / solicitor

Keep any and all communication between you & the hospital, you and your employer, etc

Original poster
pepperrabit · 14/07/2024 13:45

WeeOrcadian · 14/07/2024 13:26

You need formal, legal advice

Union / ACAS / solicitor

Keep any and all communication between you & the hospital, you and your employer, etc

Thank you, I've just written an account of what happened.

OP posts:
Original poster
pepperrabit · 14/07/2024 13:47

Does anyone know how I should handle going to work? I'm not due to work again until the weekend but I have an informal meeting tomorrow which was already planned.

I'm unsure if I will be able to work currently due to my injury.

OP posts:
Thatsthebottomline · 14/07/2024 13:52

I think you should seek a medical opinion as to if medically, you are able to work. The priority here should be your health, there is only one of you and nobody else is going to look after you unless you do it.

SiobhanSharpe · 14/07/2024 13:56

pepperrabit · 14/07/2024 13:47

Does anyone know how I should handle going to work? I'm not due to work again until the weekend but I have an informal meeting tomorrow which was already planned.

I'm unsure if I will be able to work currently due to my injury.

You need to tell ypur employers immediately that you cannot work ( it definitely sounds as you really should not go to work at the moment, the injury itself, plus painkillers plus anxiety and your mental state.)
If the hospital didn't give you advice apout returning to work then ask your GP. As well telling all the facts to your union, ACAS, the HSE.
Your union may well appoint a solicitor for you, it certainly sounds serious enough.

BobbyBiscuits · 14/07/2024 13:59

@pepperrabit I'm really intrigued now about the task. Something people do at home but is unsafe to do alone in the workplace...you have to tell us what it was? Sorry I'm so nosy.
I do think you should seek compensation though. Is there a health and safety manager or some such thing who should be providing training and guidance?
And definitely don't go into work. Get a fit note from GP detailing the industrial accident and what the hospital said etc. Say your absent through the accident.

Original poster
pepperrabit · 14/07/2024 16:06

Thatsthebottomline · 14/07/2024 13:52

I think you should seek a medical opinion as to if medically, you are able to work. The priority here should be your health, there is only one of you and nobody else is going to look after you unless you do it.

Yeah, I think I'll go into my GP on Monday and say to them

OP posts:
Original poster
pepperrabit · 14/07/2024 16:07

@SiobhanSharpe yes that's what I'm thinking. I'd be physically able to turn up and do bits and bobs but unable to work to my full capacity

OP posts:
Original poster
pepperrabit · 14/07/2024 16:09

BobbyBiscuits · 14/07/2024 13:59

@pepperrabit I'm really intrigued now about the task. Something people do at home but is unsafe to do alone in the workplace...you have to tell us what it was? Sorry I'm so nosy.
I do think you should seek compensation though. Is there a health and safety manager or some such thing who should be providing training and guidance?
And definitely don't go into work. Get a fit note from GP detailing the industrial accident and what the hospital said etc. Say your absent through the accident.

Edited

Hahaha, I promise when I no longer need to be concerned about keeping anon then I will post what the task was! I keep trying to think of a good comparison to use as an example.

And no, I don't think the company has anything like that. Potentially in name but not in practice.

OP posts:
sentfrmmyiphone · 14/07/2024 16:11

if you knew it to be unsafe and you did it anyway... totally your fault

.... in their eyes!

without the actual details and i'll be honest i did not read all the comments, but there sound to be more to this

whathasitgottodowiththepriceofoliveoil · 14/07/2024 16:15

Ok I'd get a fit note, you've had a shock. I'm guessing you've managed to slice your hand with something sharp. I hope it's not a burn. Anyway feel better soon and take them to court.

Scottishshortbread11877 · 14/07/2024 16:16

You would know if there was risk assessment as you would have had to sign them when you started. They need review every 6 months and updated if necessary.

Schoolchoicesucks · 14/07/2024 16:16

Another one curious what the task is that it's done at home, could be expected to cause an injury in your line of work but not in the way it did.

1st step GP
2nd step Union Rep
3rd meet with employer (with Rep).

Your employer does have a duty of care to you. But you also have your own common sense and if you think something is risky or dangerous then you should use your judgement. And as for not seeking medical attention until someone else arrived - if no-one (else)'s life is in danger you should have gone. If that would have endangered someone else you should have called 999.

Original poster
pepperrabit · 14/07/2024 16:19

sentfrmmyiphone · 14/07/2024 16:11

if you knew it to be unsafe and you did it anyway... totally your fault

.... in their eyes!

without the actual details and i'll be honest i did not read all the comments, but there sound to be more to this

That was my thoughts originally.

But the more I think about it, I wasn't offered a safe alternative on how to preform it and was shown to do it. Not by management but by the other employees as they were the ones that trained me.

There definitely is more to it in terms of details but the facts are:

I had a task to complete.

I completed it the way I was shown, although I knew it to be unsafe the company doesn't offer a safe alternative.

Had I not completed the task then I could have potentially been into bother.

Honestly I'd say it's a bit of a grey area.

I definitely think they're in the wrong for having a lone worker, I don't think that a risk assessment for lone working has been completed as it hasn't always been a single person job. And I think they're in the wrong for telling me not to leave until cover arrived.

OP posts:
Original poster
pepperrabit · 14/07/2024 16:23

Scottishshortbread11877 · 14/07/2024 16:16

You would know if there was risk assessment as you would have had to sign them when you started. They need review every 6 months and updated if necessary.

Oh? No definitely didn't sign anything that said about lone working as I didn't even know it was something a risk assessment would have to be done for!

OP posts:
Original poster
pepperrabit · 14/07/2024 16:32

I think, making a judgement on the comments.

I was potentially at fault for the accident occurring but this same injury could occur for a different reason whilst working alone and so I think they definitely need to at least look at having two people working at all times.

The task was though the way I was shown to do it and never would have occurred to me an accident of this severity could have happened as I have been doing it personally for At least 20 years and never had an accident occur and as soon as the accident occurred I realised this is why you shouldn't do this but would never have occurred to me that it could happen. If that makes sense.

OP posts:
DelphiniumBlue · 14/07/2024 16:33

The thing is, you don't have to decide who's fault this is, it's not your call. Speak to your union, speak to ACAS, get legal advice. Make sure you have all the facts - have you followed the appropriate policy, does a relevant policy even exist? If you are not aware of a risk assessment, you couldn't have followed it even if it does exist ( which seems unlikely). If you've got a contract of employment, have a look through that.
You only need to decide whether this is worth pursuing once you've had all the advice. Don't assume anything.

RedHelenB · 14/07/2024 16:33

As an employee you also gave to bear responsibility for health and safety. You said you knew the way you performed the task wasn't safe , did you tell your employer/ manager that before doing tge task?

Justploddingonandon · 14/07/2024 16:37

Not sure what the law is, but I work in a very dull, safe office job and we are strongly discouraged from lone working. It's only allowed at all because there is always a security guard on site ( two in fact due to avoiding lone working), and if alone we're expected to check in with them regularly ( can't remember how frequently as it's been a while since I've done it).

PuppyMonkey · 14/07/2024 16:47

Come on OP, tell us a good comparison scenario, it’s a very dull thread with no detail about what the task was etc. Grin

Original poster
pepperrabit · 14/07/2024 17:08

DelphiniumBlue · 14/07/2024 16:33

The thing is, you don't have to decide who's fault this is, it's not your call. Speak to your union, speak to ACAS, get legal advice. Make sure you have all the facts - have you followed the appropriate policy, does a relevant policy even exist? If you are not aware of a risk assessment, you couldn't have followed it even if it does exist ( which seems unlikely). If you've got a contract of employment, have a look through that.
You only need to decide whether this is worth pursuing once you've had all the advice. Don't assume anything.

Oh that never occurred to me, so basically just independently getting an assessment as to who if anyone is at fault? That makes me feel better as I wouldn't want to pursue if it was my fault but equally would want to if I'm not as had it with being screwed over by workplaces

OP posts: