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PRO

Accident at work...liability?

An employee of mine, who has recently left, has just put a claim in for compensation against my business. I would appreciate your opinions on the case.

He was driver of a Nissan Primastar, lawn mowers were put in side door. The staff have always secured the lawnmowers in place with bungee cords, although I don't think this was neccessary. The member of staff in question removed the bungee cord from the handle and the mower drive lever for Honda HRB536C flicked back and hit him on his front teeth. He has now left and is claimimg compensation.

There is a lot of other stuff going on around this person and other staff but, at the end of the day, is he entitled to compensation?

He has worked on and off for me for two years and was used to the system in place.

I will answer any other questions you may want to ask about the case to help you in your opinions.

Thanks.

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Replies

  • PRO

    Surely this something you can refer to your insurers?

    Are you an FSB member? If so then I recommend you telephone their helpline for legal advice.

  • PRO

    As per Nick, take qualified legal advice ASAP.

    A simple comment from you or an admission will cause problems.

    in the meantime, sit down, commit it all into a report, collect any evidence - physical or written, secure any photos and importantly prove you’ve written RAMS and proof of employee safety training even if not directly relevant.

  • PRO

    Pass it straight onto your insurance company, claiming to have been hit by a bungee cord whipping about if he let go of it I could understand, but the handle on the mower as he released the cord doesn’t sound right.

    • PRO

      Was there an accident report filled out on the day of the injury? 

       

      • PRO

        Hi all,

        thanks for your comments.

        we are insured and letter is on way to them. I am compiling report for them now. 

        Accident book not completed on day as it was at end of day unloading tools. It has been done now.

        he has lied about circumstances, events and other things about the case. There are witnesses to testify what actually happened.

        is there a case of an accident just being that, an accident, or has it got to be someone’s fault and therefore a compensation claim.

        • PRO

          Andrew Were you with him when accident occurred, if not then it is his responsibility to ensure safe working practice. 

  • PRO

    If he did not fill an accedent report and you put all reasonable steps in place to prevent injury. Perhaps by unsucured loads ie Mowers and he had used the method many times before without raising NG conserns with line management he is on a sticky wicket in my opinion

  • You should seek legal advice ASAP to ascertain your legal position. You should have all your model risks assessments, risks assessments, training records etc to hand plus records of staff contract, staff payment etc. Once you have seen a solicitor, notify your insurers. Slightly off topic, but in my view, bungee cards are a strict no no as they dangerous and can take out an eye. I would use straps to secure Machinery in the vehicle as they are much safer. Good luck.

    • Fully agree, I hate bungee cords.

       

  • PRO

    Not helping but how has he managed to do that?

    they are obviously not the sharpest tool in the box!

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