Went to lift a trailer today and discovered some idiot had taken both posts out during loading, big heavy jobbies that drag the roof down…anyhow tried to bounce one back up far enough to get it back into position but couldnt, so went and grabbed the guy who done it, asked him not to do it again and would he lift post up to help me get it back in position.
During this procedure was trying to guide the post in when the handle came down like a guillotine and broke my finger at the first knuckle, was ■■■■ lucky didn’t lose tip of finger.
Will likely be off work for 3 weeks on SSP, but who do i claim lost earnings off? My own company, who do not supply a single item of safety gear? [though i was wearing my own gloves at the time]
Or the company who send boys out from the factory floor to load trailers with ■■■■ all training?
Must be a bad situation for me mate, but glad to hear it will heal in time.
I know you must be feeling pretty bad about it, but what about not claiming and just putting it down to “one of them things”?
You said yourself that you were guiding the post in when it slipped. It seems to me its not anybodys fault, just one of those situations where something bad COULD have happened, and sadly did.
You are getting your SSP which is designed to tide someone over when off sick, and thats what you’ll be doing.
Was it actually anyones fault that the handle came down like it did? as if not then I don’t personally see any reason for claiming.
Not trying to make light of a bad situation, I just dont like the “sue everyone” culture America has and would hate to see that happen over here.
I don’t agree.
If you could not put the post back in position on your own without some help or equipment , then the design has a flaw.
if you are in a union ask for legal advice on this.
if not in a union then i don’t know if paying for a solicitor would be viable in light of possible claim amount.
Always claim in anyway possible, and for the future try getting personal injury insurance, that way you can claim and get paid out sooner. Hope it heals soon.
i Broke my finger in the same place more or less before christmas. the bone itself has healed fully, although i still have 1/2 my fingernail missing, to go along with it my fingertip has been hypersensitive for 2 months since i took the bandages off. I still have a tendancy to try not to use my finger even though its healed, strength has only just started to return to it.
However i must say that as soon as i had been seen at the hospital i was back to work, happened at work in shrewsbury while loading my van up, the side sliding door came loose and slammed shut on my fingers . Drove myself and the van back. i had no time off at all (before xmas was busiest time of year for my company i worked for)
Anyway , i wish you a speedy recovery, and just put this down as a learning experience. im sure you wont do it again
Scarab:
Was it actually anyones fault that the handle came down like it did? as if not then I don’t personally see any reason for claiming.
I dont feel bad about it, and it was one of them things. But had the guy been told not to remove both posts, or even read the sticker saying only to remove one post at a time, then this wouldnt have happened.
He’s only been moved out of factory in past fortnight to do the job, and its glaringly obvious he’s been sat on a forklift and pointed in the right direction.
del949:
if not in a union then i don’t know if paying for a solicitor would be viable in light of possible claim amount.
Are solicitors bills not included in any settlement? The posts are a disaster, but have carried out this manouvre on numerous occasions, it just went painfully wrong on this occasion
madtrucker:
I hate the current “It’s not my fault” culture that says you deserve compensation for everything.
I detest the compensation culture also, but i know from experience of workmates that company only pays SSP [£70], one who suffered a sprained wrist asked them to pay him his average take home while he was off, they refused and basically told him to claim. He got £6k.
BigJon:
However i must say that as soon as i had been seen at the hospital i was back to work
No way i’d have been safe or legal to drive with this, wasnt too bad when local anasthetic was kicking in, but bugger has bled all night, either impact, or bone poking through gave me a nasty gash, back to hospital for another dose of MRSA this morn
One old lad did land in with both fingers taped up and drove away a while back, i’d have liked to have seen his, or the companies defence in court if he’d had an accident. Made 'em a lot tougher in those days
I was referring to cost of solicitors advice on wether or not to claim, if claim succeeded then costs should be included
A lot of solicitors will give you their first 1/2 hour free regardless of whether you use them to make a claim or not.
Try and find a reputable solcitor near you and ask them over the phone if its FOC.
Also it is a legal requirement that your boss should provide any necesary safety equipment to you free. At very least in this job you should have boots, hi-viz jacket or waistcoat, hard hat , and gloves.
If he supplies all these and you neglect to wear them and are then injured its your own fault. If however he hasn’t supplied them you would probably have a claim.
del949:
it is a legal requirement that your boss should provide any necesary safety equipment to you free. At very least in this job you should have boots, hi-viz jacket or waistcoat, hard hat , and gloves.
Boots, hi-viz and gloves i wear were all bought by me, though i’ve been told in the past if you dont ask you dont get lol
I normally wear a pair of thick rubber gloves, though yesterday was in a diffrent unit as mine is up for PSV, and only gloves to hand were a pair of flimsy things…and to add to the conspiracy i checked my own unit twice for my normal gloves…with witnesses both times first time cab was tipped, and second time could only find one glove…for the hand that wasn’t injured!!
That only occurred to me earlier this evening, but you know how tongues wag
If I claim, and boss has told me to go ahead, its why he pays insurance, then it will be due to both posts being pulled out at one time and hopefully off the factory and not my own company.
