fall in work

Kingser

hi need some help i wrk in a busy hairdressing salon and last sunday i fell and sprained my knee, due t water being on the tiles,the job said they wont cover my doctors cost or pay me for the days i was out need advice on what to do can anyone give legal advice????

Jumpy

Hear that sound?

Thats the sound of uncountable personal injury lawyers all typing at once.

Gurgle

Kingser wrote: »

hi need some help i wrk in a busy hairdressing salon and last sunday i fell and sprained my knee, due t water being on the tiles,the job said they wont cover my doctors cost or pay me for the days i was out need advice on what to do can anyone give legal advice????

Legal advice:
Next time, keep the bloody floor dry.

drunkmonkey

Pick yourself up and get back to work, you should be more carefull when walking on a slippery floor......

You could sue but you could have also taken the iniative and cleaned up the mess before someone slipped in it....

You'll recover......you boss is being a bit tight but if the same happend when you were out with mates i'm sure you would have picked yourself up and carried on without bothering with the doctor..

I hate this compo culture.....:mad: You were being lazy and paid the price end of story...go back to work!

Kingser

i clearly didn no the floor was wet and was not my fault i was working and slipped on it

Tabnabs

I also injured myself at work through my own carelessness, I paid for A&E and medical supplies, I also took time off (annual leave) to recover and be fit for work.

You're a grown up, start taking responsibility for yourself...

Radley

Greater fool of you for taking annual leave because of a work-related accident. Are you an employee or a director?

To the OP: you're giving your sweat in return for money to live the rest of your life as you choose. But it goes only as far as sweat -- your employer can't take your blood or your health/well-being.

Go down to your solicitors and take notes of everything your employer has said to you. Go visit your doctor too. Your employer should be dealing with this in a professional manner and if they aren't, well that's his look-out, not yours.

All the OP is asking for is that this situation is dealt with in a professional manner.

Oral Slang

Radley wrote: »

Greater fool of you for taking annual leave because of a work-related accident. Are you an employee or a director?

To the OP: you're giving your sweat in return for money to live the rest of your life as you choose. But it goes only as far as sweat -- your employer can't take your blood or your health/well-being.

Go down to your solicitors and take notes of everything your employer has said to you. Go visit your doctor too. Your employer should be dealing with this in a professional manner and if they aren't, well that's his look-out, not yours.

All the OP is asking for is that this situation is dealt with in a professional manner.

Have to agree with you there. I hate this compensation culture too, but I sure as hell wouldn't be out of pocket if I hurt myself in work. Thankfully, my job would pay me so I wouldn't have to resort to going to a solicitor, but if they didn't & I was injured due to a workplace accident, I would be looking for enough to compensate for loss of earnings & doctors fees. It's not much to ask for as an employee and its not a case that the OP hurt themselves while out on the piss or anything..

Jo King

Kingser wrote: »

hi need some help i wrk in a busy hairdressing salon and last sunday i fell and sprained my knee, due t water being on the tiles,the job said they wont cover my doctors cost or pay me for the days i was out need advice on what to do can anyone give legal advice????

What area are you in? i may be able to give you the name of a solicitor.

drunkmonkey

Kingser wrote: »

the floor was wet, i was working and slipped on it

you need to get yourself a pair of these....

http://catalog.skechers.com/s-1234567/displayProductList/W/7/0/false/newest/28183.shtml


ask your boss to cut you a deal........you won't sue 'em and they'll pay for the shoes....


Still could be worse...:D

hope your ok:)

Mellor

This reminds me of those emails were you here about the woman who claimed off McDs as she slipped in a spilt drink. She was the one who spilt it.

(I'm not saying you made the foor wet OP, but you were the one working there, and it reminded me off it)

Redpunto

I think OP is just looking for out of pocket expenses, not to sue the bejaysus outta the salon. Id be pissed bout not being paid for the days off, the doc, OK, id pay meself. Are ya not entitled to any sick pay?

AARRRGH

I think the OP is being totally reasonable. She injured herself due to her workplace, so they should pay for her doctors fee and for the few sick days she had to take.

Do you like your job? Is it worth causing bad blood over a few hundred quid?

x in the city

If the op genuinely did not know the floor was wet (sometimes its hard to know, say if you are rushing around getting some colouring dye for instance..!) and fell, then yes its a legal issue.

she should have been informed that the floor was wet, the owners of the place should be responsible for the welfare of the people they employ.

end of.

solicitor helllooooooooo

board om

i would try working it out with your boss without bringing a solicitor into it. once the words 'solicitor' and 'law' come into it, evrything gets very formal and things can get very unciviilsed. i agree that they should pay for your doctors expenses and for the few days sick leave if it is needed, but i wouldnt agree with trying to wrangle money out of them for distress caused and a sudden phobia of wet floors. just be straight with them and see how it goes. but dont even mention a solicitor until it is a very last resort, becuase once you mention the solicitor there is no going back.

run_Forrest_run

I think the OP is getting some unfair stick here. A hair salon is a busy place and liquid can easily be spilt on the floor without everyone becoming aware of it the moment it happens.

yes, someone should have spotted it and let others know but accidents happen and i think it's unfair of the company to not pay the doctors bill and cover her pay when on leave. come one, how many highlight procedures will it take to cover the cost?

masseyno9

Definitely try work it out with the boss. Just point out that you're not trying to sue them 'injury lawyers direct' style, just that you want the doc bills and days lost paid for.

If the salon is that busy that staff are rushing so much they can't see if a floor is wet, or don't have time to dry it, then management should have someone employed as a cleaner/sweeper/floor dryer.

x in the city

just becaus the OP fell in a 'hairdressers' should not take away from this,
what if the OP was pa to cowen and fell on a wet office floor.....

a fall is a fall:cool:

deffo have a word with the owner tho, and if he doesnt play ball (with medical needs and/or time off) mention them lovely words solicitor and legal...

granturismo

As some other posters have said - the best approach is to ask your employer for out of pocket expenses. Any decent employer would give these anyway. If I was injured, its the least I'd expect. Disgruntled employees/clients are more likely to get a solicitor involved.

Its not easy being a employer in a compo culture- look at the extent Supermacs had to go, installing CCTV in toilets (with views of entrance area only) to win the case brought against them when two lads spilt water on the floor and took a claim for slip injuries.

You had to see a doctor - I doubt your boss contacted the HSA - they're required to.

drunkmonkey

I still think you should get new anti slip shoes....can't wait to hear what you do.....:D

wmpdd3

Your employer can't pay your doctor bills or for the days you have missed as it could be seen as admiting responsibility.

In small companies I have seen both parties resolve issues by covering costs and a written promise made not the take the claim further signed by both parties.

Not sure if this promise is worth the paper it's written on!

If you can't go down this route read the PIAB website, your claim could be worth alot less than you think.

Radley

wmpdd3 wrote: »

Your employer can't pay your doctor bills or for the days you have missed as it could be seen as admiting responsibility.

Of course the employer's responsible. You're responsible for the safety of your staff while they're working on your premises. It's a fundamental right of an employee.

wmpdd3 wrote: »

In small companies I have seen both parties resolve issues by covering costs and a written promise made not the take the claim further signed by both parties.

If the employer told the OP to come back in when she's ok and that he'd sort the medical bills it might never have to come to that stage -- it's about respect at the end of the day.

wmpdd3 wrote: »

Not sure if this promise is worth the paper it's written on!

If you can't go down this route read the PIAB website, your claim could be worth alot less than you think.

All the OP is looking for is that her injury is healed and she's not left out of pocket. Nothing wrong with that.

Gurgle

Radley wrote: »

Of course the employer's responsible. You're responsible for the safety of your staff while they're working on your premises.

The legislation was changed due to scumbags abusing the system - deliberately injuring themselves and claiming compensation.

Everybody's safety is legally everybody's responsibility.

zoemax

If you want to go down the compo route you don't need a solicitor. just complete a PIAB form and submit it along with the current fee which is €50 I think. You will need to attached a doctors report with it. If you go to a solicitor they will do the same for you except charge you a few grand and probably take at least a year to do this for you. You have two years from the date of the accident to go to PIAB so you can wait until you have left the employer if you wish as long as you do it within two years. However the question remains do you have a case? You may have hurt yourself but compensation is only going to be paid for significant or long term injuries. A minor accident with no long term damage wont get you much if any compensation and tbh suing your employer for a relatively minor accident is a waste of time and may cause tension in the workplace. If the accident can be attributed to your employers negligence in some way then they should really pay your medical bills and sick time but they are probbaly under the false illusion that this means they are admitting liability - it doesn't. There is no automatic right to compensation every time you have an acccident and its worth bearing in mind that not all accidents are somebody elses fault.

granturismo

Gurgle wrote: »

The legislation was changed due to scumbags abusing the system - deliberately injuring themselves and claiming compensation.

There was no change in legislation to combat abuse of false claims. The changes were the introduction of the PIAB to free up court time for cases where liability is not an issue. See Zoemax's post #24. Safety at work legislation updated in 2005 and 2007 did not directly combat this issue.

Gurgle wrote: »

Everybody's safety is legally everybody's responsibility.

Yes. But there is still a statutory duty on employers to provide safe systems of work 'as reasonably as practicable' and employees to act safely. Some civil claims have been lost where employees claimed injuries because of slips but the employer was able to prove that they had 'reasonable' procedures in place to clean up spills.

If this hairdresser was any way switched on they would have paid for medical expenses.

mikemac

drunkmonkey wrote: »

I still think you should get new anti slip shoes....can't wait to hear what you do.....:D

I’ve worked in a number of hotels and was always given anti-slip safety shoes.
I would of though a hairdresser would give them, no?
Sure you're on your feet all day so you have to wear comfortable and practical shoes. Ask your manager to buy them once you get this sorted and if you return to work

Gurgle

granturismo wrote: »

Yes. But there is still a statutory duty on employers to provide safe systems of work 'as reasonably as practicable' and employees to act safely. Some civil claims have been lost where employees claimed injuries because of slips but the employer was able to prove that they had 'reasonable' procedures in place to clean up spills.

Hairdressers aren't exactly renowned for their mental agility, but do you really need a procedure that says 'if you spill something, clean it up' ?

granturismo

Gurgle wrote: »

Hairdressers aren't exactly renowned for their mental agility,

Your neck on the line but then you're probably looking for a reaction.

Gurgle wrote: »

but do you really need a procedure that says 'if you spill something, clean it up' ?

Procedures can be written or verbal instruction/training. Having written procedures means its easier for an employer to defend any claim and also clarifies matters for staff. There are more serious hazards such as electrocution and chemicals in hairdressers and these need to be documented as a priority.

Verbal instruction when jobs are allocated, good supervision would probably suffice.

Gurgle wrote: »

Legal advice:
Next time, keep the bloody floor dry.

Here's some legal advice given earlier. It looks like the OP didnt know the floor was wet, so it wasnt his/her fault that s/he slipped. Whoever was responsible didnt clean it up or warn others. If some staff member noticed the spill - they are legally obliged to inform their colleagues and boss. Its the managers decision whether to adopt a policy.

dade

in fairness it is a work related injury so teh boss should have footed the bill. they have a duty of care as was stated by others.

the owner should be considering themselves lucky it wasn't a client that slipped. maybe it would be worth mentioning that to them if you can't sort the situation out.

nesf

Kingser wrote: »

can anyone give legal advice????

A solicitor can, make an appointment with one if you're that bothered about it.

Don't look for legal advice on here.