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.

Mr. Presentable

It sounds like she was contracted to do some work, therefore she was not an employee and should have her own insurance, thus the restaurateur is not liable for her costs. However, the nail sticking from the floor would be actionable by the contractor - she could reasonably expect the environment to be safe. So, they should have a little sit down.

MGLman

nipplenuts wrote: »

It sounds like she was contracted to do some work, therefore she was not an employee and should have her own insurance, thus the restaurateur is not liable for her costs. However, the nail sticking from the floor would be actionable by the contractor - she could reasonably expect the environment to be safe. So, they should have a little sit down.

Thank you very much.

Does it mean that by not keeping the work environent unsafe, he should be be responbile for some part at least.

If would it be some type of employment rather thana contract? If it is an employement would he be in a position to pay?

Mr. Presentable

MGLman wrote: »

Does it mean that by not keeping the work environent unsafe, he should be be responbile for some part at least.

Absolutely. Remember, if someone trespasses on your premises and is injured due to your negligence they can take an action against you. So, in the case of someone fully entitled to be there, there is even less room for discussion.

MGLman

nipplenuts wrote: »

Absolutely. Remember, if someone trespasses on your premises and is injured due to your negligence they can take an action against you. So, in the case of someone fully entitled to be there, there is even less room for discussion.

Thanks a lot nipplenuts,

Please correct me if I am wrong, basically the owner of the place is fully responsible for the fee as he did not keep the place safe.