been reading the forums for a while so registered hoping i could get some help.
i had on the back of the wagon 4 plastic 45gallon drums strapped to a wooden pallet, the barrells had moved off the pallet during driving and where leaning through the curtain, as i was about to go through 30miles of winding roads i decided to split the drums down and strap them individually to the bed to be safer as they were full of corrosive liquid. when moving them one drum shifted suddenly jamming my index finger between the barrels.
im now off work for atleast 6weeks after surgery to pin the bone re-attach the tendon etc
where do i stand making a claim and how do i approach it?
i and many other drivers have complained about these barrels previously but nothings ever been done even though drivers have pulled muscles moving this in order to make them safe
Phone up one of these solicitors you see advertising on the TV
I used one once and got thousands…mine claimed his costs back through the other insurance company so make sure you dont get one of these no win no fee ones, or if you do win you will end up with hardly anything.
thats what i was planning on doing but was unsure how to approach it do i speak to my boss first, as the last thing i want is to cause a bad atmosphere when i go back.
Be prepared to be told that you may not have a claim. They moved originally because they were not secured properly which is the drivers responsibility.
Not saying that’s what’ll happen but it immediately comes to mind.
The world of accidents at work is one full of pitfalls …
One of the lads a while back was connecting up a trailer at one of our depots , the bays are quite close and there is always forklifts loading from the side .
He was getting off the catwalk and stepping down when a forklift reversed into him and gave him a bit of a nudge …
Wasn’t injured just jolted a bit …Straight away they went to the cctv cameras and the next day the manager of that depot was saying it was a 50/50 accident because he wasn’t looking behind him when he was climbing down off the catwalk …
Never mind the forklift driver not looking behind him and reversing right upto trailers and units .
Anyway the driver turned round and said "Don’t worry I wasn’t going to put a claim in , an apology would have been nice !!! "
Good luck with it , glad to see it’s not a walking backwards and stepped off the trailer incident
I know of one bloke that had an accident at work and made a claim
2 weeks after the claim they sacked him so he took them to court over that and recieved compansation / loss of earnings over that aswell lol.
you and your fellow drivers repeatedly complained about the way they were secured, yet you continued to take them out
you had the means to further secure them but didn’t until they shifted
you hurt yourself moving them knowing your workmates had already hurt themselves doing the same
I’m sorry you hurt yourself but I think you should put it down to experience not running to a lawyer moaning about something you could’ve prevented
I agree with biggusdickusgb… and from my experience with accidents at work you will find it was your own fault as you shouldn’t have taken the load out as you already knew what was likely to happen. I would suggest you talk to him and see if he is prepared to pay you while you are off work…assuming he is a nice boss!!!
I had an accident at work last year while loadin the truck got thumb trapped between the pallet, forklift and curtians ( found that they dont have much movement in them )
Now this wasnt put into accident book at loading place as they said I wasnt an employee due to movement of office wasnt put into our accident book really against the law as it should have been documented, yes i did have hospital treatment 8 stitches
But who are you goin to claim off if you go for compensation
jas:
thats what i was planning on doing but was unsure how to approach it do i speak to my boss first, as the last thing i want is to cause a bad atmosphere when i go back.
jas
Unfortunately, I don’t think you can avoid the ‘bad atmosphere’ when you go back.
However, telling them gives them valuable time to create a case AGAINST you.
A Few year back I was driving for TDG on the Henderson Garage Doors Contract, I did my back in lifting a roller shutter door 16ft long and then wrenched it when a rope handle on a framed door snagged.
The TM refused to pay my basic wage saying it was my fault as all the doors were clearly marked with “Seek Assistance when Lifting”
I lost around 10 weeks off work and just happened to mention my accident to Graham Bird the Union guy in a chance meeting, the URTU sent out a claim form and I duly filled it in complete with the reason why TDG were not paying me anything other than SSP.
The solicitor phoned me and went through my statement and was gobsmacked when he asked why my mate (2nd Man) had not helped offload the doors.
I pointed out that as we did not have a 2nd man we had to do it ourself as the customers refused to get on the wagons as they were not insured,
His reply to that, and which turned out right was
TDG dont have a leg to stand on as the doors are clearly marked seek assistance when lifting, this means the manufacturers are aware of the weight and awkwardness of the doors as are TDG and they have failed to ensure that assistance is provided.
All I wanted was Basic Pay but it cost TDG a ■■■■ sight more in the end.
apologize if i didnt put myself over correctly in the first post reading over it i think i rushed it without checking it.
im not going out for a massive compensation claim i know from other staff whove taken time off due to work accidents, and theyve refused to pay anything other than basic sick pay all id be after is enough to cover my mortgage and bills ie basic wage.
the company is aware of the problems with these specific loads and we as drivers have no safe way of strapping these safely with the 2 straps we’re supplied with, without breaking the barrels down. and when we complain its passed off and ignored and we’re told to get on with it.
choose a company a respectable one contact them tell them the story & they will pretty much tell you whether they think you have a possoble claim or not.
Ive done it twice now but not been lucky first time when i fell down a flight of stairs with two cases of wine, broke my ankle now got steel in place & the second when I fell of the back of a lorry
Pause for the jokes
yes i “fell of the back of a lorry” & broke my wrist. I approached Injury Laywers 4 you but there were too many complications involved due to the circumstances.
Basicly i shouldnt have tried to leap off the back as those poxy flaps never stay where they are supposed to…
It must have looked good something like superman so i was told only i was’nt going forward it was down straight down till i hit the ground…
Never heard of roping the drums with a drum knot? There is no way you can strap drums down safely … I know, I did 5 years pulling drummed chemicals about. My feelings on this are you haven’t a leg to stand on as you knowingly took out a dangerous load regarding the load security.
jas:
im not going out for a massive compensation claim i know from other staff whove taken time off due to work accidents, and theyve refused to pay anything other than basic sick pay all id be after is enough to cover my mortgage and bills ie basic wage.
You may have a sickness/accident/redundancy policy attached to your mortgage. The majority of major lenders insist on this type of policy being taken out as a condition of loan.
Also accident cover is offered with credit cards, etc so check them out.
Contact your local council for a rebate of council tax, for the time you’re off work, although be prepared to provide bank statements etc to prove lack of income. In our area the claim form is 35 pages long
If you have kids, also apply for free school meals while you’re off sick, and the benefits department at your local jobcentreplus office, will assist with a claim for additional income, but only if you a) have kids, and b) do not receive tax credit for said children.
Also while you’re off work, look into the world of policies for income protection policies , just in case you need it in future.
Dead easy this one go and see your boss tell them what you want, and if not go and see a solicitor not a no win no fee one, and i think you will get a result.
If you have house insurance you usually have free access to legal advice or sometimes if you have a gold/platinum bank account you have the same. If you have give them a call and they will give you free impartial advice.
I had an accident about 4 years ago, slipped and fell on an iron step on a loading bay, didn’t seem to be any damage at the time other than being as painful as hell but within about 8 days I developes cellulitis ( no it’s not the rippling fat at the top of your wifes/girlfriends thigh it is one step down from gangrene ), the company I worked for at the time, despite having a company policy of paying 2 weeks full sick pay, continued to pay me my full wages for the 6 weeks I was off work plus on top I received the SSP so I was better off. If they had not kept up the wages I would have considered sueing them as there were other circumstances that may have contributed to my illness.
if you go for compensation
