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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 · 18/07/2024 00:39

ImRonBurgandy · 17/07/2024 20:38

@pepperrabit can you pm me the industry please? You can report it yourself to either the HSE or the local authority so that they can investigate, but which one is the correct enforcement authority depends on the industry

Yes. Once I figure out how to do that I will. Thanks!

OP posts:
Original poster
pepperrabit · 18/07/2024 00:44

FictionalCharacter · 17/07/2024 21:06

I am a H&S professional and I do know the law around this.
From what you've said - and I obviously don't have the full story - your employer is very much at fault. Not only is it possible you could bring a civil action against them, they could be prosecuted for H&S offences under criminal law.

This is clearly a hazardous task. They have legal duties to do a risk assessment, provide a safe system of work, provide training (and keep records) and have emergency procedures. It looks like they've failed to do any of that.

Keep notes of how much of your normal job you can do when you return to work. If you are working but can't do your normal duties for over 7 days the accident is reportable under RIDDOR. This again is the employer's legal duty. If they don't do it it's another breach of H&S law (criminal law) on top of the rest.

Yes you do have responsibilities as an employee. But unless you weren't meant to be doing the task, or had been given a safe system of work but blatantly chose not to follow it, you're not at fault here.

Please keep notes of everything that happens. Ask to speak to your union's H&S rep and say you think there were breaches of H&S law.

Super helpful. Thank you! I didn't think to keep notes going forward as I will be working at reduced hours and a limited role!

But yes, definitely no other way named to do the task, done it the way I was shown and this was the outcome!

Part of me doesn't want to put in a claim but after brief conversations I don't think this accident is going to change the way they operate which makes me want to do it because the staff I manage do not deserve to be in this situation!

OP posts:
Original poster
pepperrabit · 18/07/2024 00:53

HoHoHoliday · 17/07/2024 21:06

If it's a task that you can easily do at home then surely it's not something that carries any risk just because it's in the workplace? So is the issue more that accidents can happen anywhere at any time, and the danger came from the fact that you were working alone?

You say you could have bled to death yet didn't call an ambulance and waited three more hours to leave, so it's difficult to know the extent of the risk and impact involved.

Without any information (which I understand you don't want to give) no one can advise you at all. Speak to a union rep.

Sorry. There must be crossed wires somewhere! I didn't say easily done at home just something I'd have done.

But the difference is the same as needing steel toe capped boots (PPE) when I worked with animals as opposed to not wearing steel toe capped boots for my own personal time.

Yes, accidents can and do happen and this was one but what I've learned through this post and my TU is that there were things that my employer could/should have put in place that would have prevented the accident (PPE and training specific to the task I performed), alone or not!

The three hours was, if I had passed out that was when the next employee was due in and would have found me.

I left within half an hour of the accident. I didn't call an ambulance as I was clearly able to get to the hospital but didn't realise the extent of my injuries until I arrived at the hospital. It didn't even occur to me to phone for medical advice as I done everything I knew to do, which was alert someone to my location, wrap, elevate and pressure.

And I knew with the vagueness it would be difficult for personal advice but most comments have certainly been helpful and on the right track!

OP posts:
TinkerTiger · 18/07/2024 00:57

pepperrabit · 14/07/2024 17:16

Okay got one!

Imagine at home, you put sharp knives in the sink with the rest of the dishes.

At work, this would be a risk, right?

And using this example I wasn't shown to handle the knives differently to the forks.

Show quote history

Got it. So you were feeding the fish like you usually do, and the tank is full of adorable goldfish and one shark. Doesn’t normally bite, but this time it did. Do you still have your arm?

Original poster
pepperrabit · 18/07/2024 01:40

@TinkerTiger still have my arm but may have nerve damage in my hand 🙈

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