• This topic has 36 replies, 21 voices, and was last updated 12 years ago by Drac.
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  • Accident at work – how would you handle it
  • sunshiner1der
    Free Member

    So I rather foolishly managed to trip up the stairs at work back in June and dislocated my shoulder. 6 weeks later I returned to work, and was on heavy duty pain killers until about a month ago. I was signed off from the physio at the hosiptal as they had done all they could, despite really bad pains across the tops of my shoulders. A recent trip to the doctors after getting fed up of the pain and deciding something wasn’t right resulted in a visit to the Osteopath being required. The osteopath has diagnosed twisted vertebrae in the top of my back as a previously undiagnosed result of the fall. The osteopath is not available on the NHS around here, so I have to go privately and pay. My question is, as it was an accident at work am I within my rights to ask work to contribute to the treatment?

    jon1973
    Free Member

    My question is, as it was an accident at work am I within my rights to ask work to contribute to the treatment?

    Did you trip over sommit or just your own feet?

    schrickvr6
    Free Member

    sunshiner1der
    Free Member

    I don’t remember much, so I suspect I just tripped on the stair itself, the stair wobble slightly when someone else is on them and I was walking up the stairs whilst someone was walking down them.

    meehaja
    Free Member

    Depends, If you want to make your work to pay, you have to prove it was their fault and that acceptable preventitive measures hadn’t been taken. If you were rushing, wearing innapropriate footwear, knew the stairs were slippy but hadn’t reported it etc you may be stuffed.

    However, it might be worth speaking to your work to see if they have any interest in paying regardless of blame? I don’t know what you do, but our work (and places I’ve worked before) were quite keen to help staff get and stay fit and healthy, and could arrange subsidised physio for example?

    LHS
    Free Member

    Unless there was something else there other than a step then no, suck it up and get on with it.

    TandemJeremy
    Free Member

    You have to show the employer was at fault – and as osteopathy is distinctly controvertible you will find it hard to show that they should pay for it even if you show its your employers fault you are injured

    uplink
    Free Member

    did your employer complete all the relevant paperwork at the time of the accident and follow it up when you returned to work?

    trail_rat
    Free Member

    depends on circumstances largely id guess…

    3 points of contact moving at walking pace then its a working accident

    running up them – then it would be own stupidity IF you have recieved training to the above standard

    sunshiner1der
    Free Member

    I would doubt it’s possible to prove fault on their side. All relevant paper work was filled in at the time and I have a copy. I also had a return to work interview and have seen the occupational health nurse a few times since my return, so it is all documented.

    I don’t want to go through the whole claim route etc, just was wondering, as it’s impacting on my current work and being able to sit at my desk for a full day if it was appropriate to request help to returning to full fitness. They have been supportive in terms of being understanding with hospital appointments and the time I had off.

    TandemJeremy
    Free Member

    Try occ health then for physio.
    did yor GP give you a reason for the pain?

    jon1973
    Free Member

    then it would be own stupidity IF you have recieved training to the above standard

    Do we need training to walk up stairs now?

    sunshiner1der
    Free Member

    Occ health can send me to physio and I have to pay £35 a visit. The Osteopath is £37.

    The GP suspected partially dislocated vertebrae which is why he told me to see an Osteopath as he felt that would be more appropriate.

    bigyinn
    Free Member

    Are these your feet?

    yossarian
    Free Member

    a few points to consider:

    My question is, as it was an accident at work am I within my rights to ask work to contribute to the treatment?

    Depends if it was your fault or not. If your work contribute towards your treatment they are admitting liability. Unlikely to happen.

    1. Did you fill out the accident book when it happened?
    2. Was there any damage to the stairs/any water etc on them which contributed to your fall?
    3. Has your employer completed an accident investigation?
    4. If you were off for 6 weeks then it was a RIDDOR reportable accident. Did your company report it?

    Personally I’d find out more on points 3 & 4 before approaching your employer for money

    poly
    Free Member

    6 weeks off work for a dislocated shoulder – many an employer would already think you were taking the piss without wanting them to pay to fix your dicky back too…

    …that said our insurers run a scheme where we notify any workplace accident immediately and in your case you’d have been whisked to see an oesteopath at no expense to help avoid a proper compo claim!

    yossarian
    Free Member

    don’t want to go through the whole claim route etc, just was wondering, as it’s impacting on my current work and being able to sit at my desk for a full day if it was appropriate to request help to returning to full fitness.

    Ask your H & S person for a proper work station assessment, some of your issues can maybe be squared away with proper set up, furniture, sufficient breaks & duties etc.

    thomthumb
    Free Member

    Osteopath

    might be a quack. 😐

    LHS
    Free Member

    Since when did it become acceptable for people to distance themselves completely from any responsibility for their own health and safety?

    Drac
    Full Member

    Since when did it become acceptable for people to distance themselves completely from any responsibility for their own health and safety?

    It didn’t but it’s also everyone else’s too.

    yossarian
    Free Member

    Since when did it become acceptable for people to distance themselves completely from any responsibility for their own health and safety?

    its never been acceptable, and isn’t today. Volenti non fit injuria & Contributary negligence are both well known legal terms. Its also unacceptable for businesses to cut corners and leave their workers to deal with the consequences….Which still happens a lot as it goes…

    sunshiner1der
    Free Member

    It’s interesting to see the different views here.

    I’m not saying there wasn’t responsbility on my part, however it would be in the interest of my employers to support me in fixing the issues which resulted from a fall at work. I did not have a back problem previous to this and it is impacting on my ability to do the job.

    6 weeks off was appropriate to the job I do, as long distance driving is a frequent requirement.

    All the relevant paperwork was filled in and I have also had the work station assessment and had adjustments made.

    yossarian
    Free Member

    6 weeks off was appropriate to the job I do, as long distance driving is a frequent requirement.

    Have you had a driving assessment too?

    sunshiner1der
    Free Member

    Yep had that, I take a pool car each time, so they simply advised me to make sure I alter the seat, mirrors etc and take breaks more frequently.

    yossarian
    Free Member

    then suck it up, princess! 🙂

    I reckon a well worded letter to your HR department, supported by your boss, might open a few doors/wallets

    Drac
    Full Member

    its never been acceptable, and isn’t today.

    Yes it is, an employee is also responsible for their’s and others.

    bruneep
    Full Member

    did you have training on ascending and descending stairs?

    Seriously you need take some responsibility for your own stupidity actions

    BrickMan
    Full Member

    my mate got run over whilst at work a few weeks back. Boss took him to hospital, was just bruised and battered and after a few days was housebound and almost rigid. A week later he returned to work. His work are refusing to pay him for the time he wasn’t at work, union boss can’t be arsed with it, actual boss can’t be arsed with it, and mate is left with a shortfall in £££ despite his best efforts to work regardless of the state he is in.
    Normally I’m the first person to say ‘if you have an accident and its your fault, tough’. but in this case, wasn’t his fault and he’s getting no help. Aces.

    Zulu-Eleven
    Free Member

    Were you using the handrail 😉

    joolsburger
    Free Member

    Without wishing to sound unkind essentially you fell down, you’ve had six weeks out and I think from here on in it’s down to you. If I were the boss I’d be peeved if you tried getting my firm to pay. I’m assuming no private HC available?

    trail_rat
    Free Member

    yup bruneep – i have maybe it is just because i climb more(steep) stairs on a daily basis than any other kind of walking i do ….. thus it becomes high risk activity !

    its inclusive in manual handling and risk assessment course mind you its not just a stair operation course 😉

    its common sense really when you think about it but we have just become complacent – watching folk descending stairs at stations etc on phones , emailing , texting , not looking , not holding on handrails etc ….

    CharlieMungus
    Free Member

    I don’t remember much, so I suspect I just tripped on the stair itself, the stair wobble slightly when someone else is on them and I was walking up the stairs whilst someone was walking down them

    In that case it’s your own fault. Everyone knows it’s bad luck to do this. I’m surprised the other person on the stairs didn’t sue you for any bad luck they incurred as a result.

    crikey
    Free Member

    Were your ‘twisted vertebrae’ diagnosed on an x ray or by the osteopath by touch?
    Id be extremely sceptical of any diagnosis from someone who can benefit financially from it.

    yossarian
    Free Member

    Yes it is, an employee is also responsible for their’s and others.

    thats what i was saying drac

    from the health & safety at work act:

    General duties of employees at work.
    It shall be the duty of every employee while at work—
    (a)to take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions at work; and.
    (b)as regards any duty or requirement imposed on his employer or any other person by or under any of the relevant statutory provisions, to co-operate with him so far as is necessary to enable that duty or requirement to be performed or complied with..

    hora
    Free Member

    Tripped UP the stairs? Crikey that is an unlucky fall.

    I know a bloke who put one foot wrong walking down the stairs at home and badly fractured his ankle.

    ransos
    Free Member

    Since when did it become acceptable for people to distance themselves completely from any responsibility for their own health and safety?

    The OP was asking a question.

    Drac
    Full Member

    thats what i was saying drac

    Sorry I’m not with it today so really read you answer as the opposite. 😳

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