Complain or HTCU?

Just had a 400kg pallet of paper fall on me from the back of a lorry. The guy asked me to tell him where the wheels of his pallet truck were on his tail lift. He had managed to get it stuck and was moaning about the tail being too small. I told him his wheels had gone off the edge, at which point he shoved it sending the load on top of me.
I'm a fit bloke and still able to work, but my back and right arm are hurting, and its the 3 Peaks soon. Plus where it fell on my head its smashed my glasses and cut into the bridge of my nose.
No apology from the driver just moaned about his wagon and load.

As much as I hate the blame/claim culture, I think you have a valid case.

Sorry mods that should be HTFU

No apology from the driver just moaned about his wagon and load.

That would boil my blood!!

foxyrider…exactamundo. His wagon his resposibility

I'd be pretty upset TBH, 400kg falling on you could do a lot of damage. You might be advised to get yourself professionally checked over in case of future issues.
And even more importantly 10 days before the 3 Peaks!!
Oh well I seem to have worked from 9.30 yeaterday morning to 3.30 this morning and was back in at 9.30 this morning for another one so my 3 Peaks is looking more like survival of the unfittest.

Def claim, get to docs though, sounds like it will be your word against drivers re accident?

Get to doctor pronto. Either GP or walk in. Ask to be fully checked over and explain what happened. Get it recorded now (though this post also records it).

You must also record it in the accident book at work. Do that today.

And then complain (1) at work (or are you still self employed?) and (2) to the employer of the driver.

Be mindful of the 3 Peaks. If you have been injured (more than just superficially), then racing wouldn't be a good idea as you may well aggravate any injury. Also, if you do claim and then race, this will mitigate against your claim – of course, if your injuries are minor enough, then your claim value would be low anyway.

But, the driver's negligence and then dismissive attitude is not good.

If you are self employed, there is the danger of loss of earnigns through being unable to work.

I'm aware you're not a softy, Carl, but do the right thing, eh?

ourmaninthenorth.

Yep still self employed, and no accident book 😕
Problem is, it was a delivery for the company next door and I was asked to cast an eye over the situation?
But it was the driver who asked me where his pallet truck was in relation to the tailgate.
Loads of witnesses who say he shoved it out of anger/frustration.

Been to GPs and I do have concussion. Told me to take a few days off – that's a no go.
Don't know what the next step is, obviously I want new glasses.
Try hiiting yourself over the head with 400KG and trying to write ourmaninthenorth, takes ages. Also finding the 'Y' key is very hard and is making me chuckle.

Problem is, it was a delivery for the company next door and I was asked to cast an eye over the situation?

Doesn't matter, if he knew or ought to know that shoving it would likely have resulted in your injury, he (or more likely his employers) are liable.

Heard some 'expert' on the radio saying UK has one of the lowest number of personal accident claims in the world.

Independent witnesses are good.

But sod all that for now, go get checked out!

as someone who despises the blame and claim culture, 400kg is a lot, thats 5 grown men! i would be inclined to get checked out as you can at least expect some severe bruising. At least take a week or so off to recover fully? And if the driver isn't bothered about dropping 400kg on someone, I'm sure he wont be bothered if you contact his insurance company and the HSE?

Loads of witnesses who say he shoved it out of anger/frustration.

Offer them all a drink out of the compo, and SUE THE BASTARD!

Jeeze, he did something stupid and irresponsible, and you were injured as a result? **** screw him for every penny you can get!

As much as I hate the blame/claim culture

Well, it generates business for lawyers, who pay tax, so it's actually helping the economy! 😀

New glasses and a few quid for yer injuries is only fair imo.

Doesn't matter who's load etc, it is still under H&SAW Act. I would inform the transport company and the HSE. It might not be a one-off and the next time the person under it could get a lot worse, even killed. Makes me fume when H&S is flouted. I think if you have been to the GP and he says concussion and you continue to work then you are at risk of injuring yourself and others. Would you still be insured to drive for example? Hope you get well soon.

I'm normally a supporter of the don't claim corner but in your situation I would. Thats a heck of a weight, and if its caused you concussion which, even if it isn't going to totally prevent you from working, will effect your productivity. Not to mention the broken glasses.

Make a claim if you can imo.

Told me to take a few days off – that's a no go.

No go because you're self employed and need to pay the bills? If you're witnesses are decent I'd follow doctor's orders, as the driver/driver's company/driver's company's insurance will be paying your bills instead.

No go because if I'm not at my unit my customers go elsewhere and might not come back. And nows not a good time to be unable to work.

Concussion – Nice like being drunk but very painful at the same time. My wife asked earlier why I was taking my clothes off in the living room, I didn't know.

Youll be pleased to know that making a claim isnt as easy as you are lead to belive. My legal fees would be far greater than the compensation. Ill need to be suffering ill effect for six weeks. My only option is to go through a small claims court and hopefully win. So not worth doing anything.

It needs reporting to make sure it doesn't happen again.

I'd report it under RIDDOR as a dangerous occurrence – that could have killed you or someone else.

http://www.hse.gov.uk/riddor/guidance.htm

He's asked you to stand behind the lorry, then intentionally booted it, loosening the load? Isn't that attempted murder? (-:

Joking aside, a mate of mine had this pulled on him a while back. He was reversing out of a pub car park, someone walked behind his car, he didn't see him and bumped into him. The guy sued my mate, claiming that my mate had been "eyballing" him in the pub earlier and so run him over intentionally. He was pressing for attempted murder, though obviously didn't get very far. In hindsight, I'm not wholly convinced that the guy didn't jump behind the car on purpose in order to try and get a claim. Some people.

But yeah, what everyone else said. Even if you're ok, it needs reporting so that it doesn't happen again.

Youll be pleased to know that making a claim isnt as easy as you are lead to belive. My legal fees would be far greater than the compensation.

Er, the "guilty" party covers your fees. In any event, it's an insurance job – the driver's employer must have employer's liability insurance. They will also have public liability insurance. It's their insurance companies who will have to pay out to cover (1) damages ("compensation"), which should include lost earnings and (2) your legal fees in bringing the claim.

Also, are you insyured to be at work? If the GP has said take time off, and something happens (collapse, etc.) will your own work insurance cover you? Check that out.

You need to speak to a proper lawyer.

wow – nearly half a tonne of stuff falling on you and you're still alive! but yeah, definitely some kind of complaint to be made…

Witnesses are good.

You should at least be reporting the guy to his employer.

Legal fees should be paid if/when you win – it wasn't your fault.

Have you tried speaking to your own insurance (which you should have if you run a business)? There may be something in your own cover, plus they will want to know incase of any future claim of any sort.

If you are sufferring concussion, you should be looking into at least reporting the incident incase of further complications – insurance people like to be informed straight away, otherwise they don't like to pay!

Make a record/notes of exactly what happened while it's still clear(ish) in your mind. Dates, times, witnesses, etc, etc. Same for witness statements.

Even if you don't take it further, with a bash to the head I would be gathering as much info as possible while it's still freash in peoples memory.

Youll be pleased to know that making a claim isnt as easy as you are lead to belive

Perhaps the legal professionals here might advise otherwise… But is there any reason not to complain to the company rather than immediately claim. A complaint might be sufficient in achieving the goal of gaining whatever compensation you require. At this moment the company will probably be totally unaware of the accident, I doubt the driver has raised it with them. But just because their driver is an arsehole doesn't mean the employers won't be falling over themselves to put things right.

Surely theres only a need to claim if the employer disputes their liability or / fails to put things right, and they might not.

skidartist
I contacted the company straight away, and again today, as yet no one has returned the calls or discussed it with me.

good luck with getting some justice/ compensation. That could very easily have been a fatal accident!

I contacted the company straight away, and again today, as yet no one has returned the calls or discussed it with me

i wouldn't expect them to.

you need a lawyer.

I used minster law[/url] no win no fee and all that, very good service.