Accident at work

MGLman

Hi All,

I am not sure whether I am in the right forum, if it is the wrong one please accept my apology.

I wanted to ask your advice on an incident that happened to my friend who had injured at work.

Story is as follows:

She was called for 4 hours of cleaning work in the restaurant kitchen and while she was working she fell off on the floor and cut her hand by the nail that was stickinig out of the floor and had quite bad bleeding. Unfortuntelly, there was not any first aid kit and she had to call her friend to bring some cleaning stuff and bandages and so on. The owner of the restaurant did not do anything. She went to hospital straight away to get it checked and steched as it was quite deep and bleeding.

Now, she has recieved an invoice for 250 euro for the use of an emergency service and the owner of the restaurant claims that he has no liability to pay the this fee as he was hiring her to do the job and she has to have an insurance for her. But she was approached directly not through the company, so in this sense, I think she is being employed by him and he is liable to pay this fee.

The question is 'Who has to pay this fee? Is it herself or the owner of the restaurant as it was an accident happened in his permise?' Is there anywhere she could approach if the owner is still refuses to pay?



Thank you very much your advices.

Paulzx

Mate, i don't think you'll get an answer here in the ES forum. There are probably better places to ask this

boomer_ie

€250?

What exactly is on the invoice, that does not correspond with the charges that I am aware of (unless she went to one of the private A&Es?)

At the end of the day its a workplace accident and the employer is liable for the invoice.

MGLman

boomer_ie wrote: »

€250?

What exactly is on the invoice, that does not correspond with the charges that I am aware of (unless she went to one of the private A&Es?)

At the end of the day its a workplace accident and the employer is liable for the invoice.

It is an A&E at Mater hospital and it is a fee for Non-EU citizens.

deadwood

This probably has more to do with the legal forum.

Small claims court?

ch252

Why didn't a restaraunt have a first aid kit?

jmccoy

The restaurant owner has a common law duty of care to all people on his premises be they employees, contractors, visitors or customers. This duty of care has been clearly neglected and I'd advise that your friend get in touch with a solicitor asap and also report the matter to the Health & Safety Authority who will be very interested to hear about this business persons neglect of his duties under the Safety, Health & Welfare at Work Act 2005 and Safety, Health & Welfare at Work (General Application) Regulations 2007. For the record I have professional qualifications in the H&S area and unscrupulous and reckless people like this really get me ticking.

MGLman

jmccoy wrote: »

The restaurant owner has a common law duty of care to all people on his premises be they employees, contractors, visitors or customers. This duty of care has been clearly neglected and I'd advise that your friend get in touch with a solicitor asap and also report the matter to the Health & Safety Authority who will be very interested to hear about this business persons neglect of his duties under the Safety, Health & Welfare at Work Act 2005 and Safety, Health & Welfare at Work (General Application) Regulations 2007. For the record I have professional qualifications in the H&S area and unscrupulous and reckless people like this really get me ticking.

Thank you very uch for your professional advice. I will tell her to get in touch with HSA and other bodies.

Hooch

Moved to legal with re direct.

MGLman

nice guy always wrote: »

Moved to legal with re direct.

Thanks Nice guy always

Maximilian

you can't seek legal advice here I'm afraid. Your friend should seek a solicitor if she wants to pursue this.