Workplace accident and facebook message

LegacyUser

Hey, don't want to go into too much detail here, but I'll give as much as I can.

I had an accident in the workplace yesterday. Basically the "anti-slip" shoes we're required to wear aren't exactly anti-slip, and as I was working in a kitchen all day, I had grease on my shoes. I fell down the stairs and ended up having to leave 4 hours early and go to hospital. I have lots of bruises but also some bad muscle damage, for which I am on heavy duty painkillers and have been signed off work and told to have total bed rest (currently posting from a laptop in my bed).

I logged into Facebook earlier to cancel my birthday party, which was due to happen on Thursday. I just said "sorry guys but Thursday is cancelled as I fell down the stairs in work and am on medication from the hospital and have to have bed rest."

Later on, I posted some song lyrics in my status, nothing to do with my earlier status and in no way could they even be perceived as having anything to do with it.

A store manager from our nearest other branch left me what I can only assume is a drunken message referring to my status about having been in hospital after the accident, telling me I'm "full of ****." This dude regularly works in my store, too, when he has to cover for the delivery guy.


What are my rights? On Thursday, my 6 month probation is over. When I fell, it was after midnight, and I was allowed go home but was offered no lift, no taxi, no ambulance (and believe me, I needed one), nothing. I eventually got a lift home from the driver when my mother (without my knowledge) called the manager of my store and basically said as it was a workplace incident, they should be getting me home or getting me an ambulance.

I have to miss work because of this and am basically in agony. I have a doctor's note and am on lots of medication.

Am I entitled to anything? Everyone I have spoken to believes that I am entitled to have my medical bills and the days I was supposed to be working covered as the shoes clearly were not anti-slip and this is like the 4th serious fall down these stairs in as many months (not to mention we only recently told our manager in a meeting that the shoes are difficult to work in, as they have a heel and don't work as anti-slip shoes), so they're liable for it as I wasn't in "safe" shoes?

I'm very angry about what the other manager said, too. I know drunken ramblings happen, but I feel it's extremely unprofessional to say that to me on my FB.

Can anyone give me any advice? I really don't know my rights. Everyone's telling me to make a claim but I don't want to do that at all. I want to just keep working, but I cannot afford to pay my medical bills and cover my loss of earnings!

Eoin

I think you need to speak to a solicitor on this one. I'm going to leave this open for the time being in case there's any non-litigation type advice that can be given.

Kosseegan

You might be able to get the Health & Saftey Authority to investigate. Your employer is probably insured and had to notify their insurers of a potential claim. There will, if this is the case, be a clause in the policy warning the employer not to admit liability and allowing the insurance company decide how to deal with the situation. In order to get anything out of it, a solicitor is essential. There are a number who will do personal injury work on a no foal no fee basis.

Nody

It would not matter if he used slave labour doing the job and charged your uncle 1k an hour for it unless in the contract it clearly specified the qualification of the workers and the hourly rate that would be charged.

Your uncle agreed to get a job done; if nothing else was given then he'll have to pay the bill for that and next time wise up on what he requests.

Eoin

wrong thread Nody?

Mimojo

Hi OP
In my opinion as the accident occurred at work your employer is liable. Every business must have a health and safety policy outlining the duty of care that the employer has towards their employees. This should include a hazard risk assessment which will outline any potential dangers in the workplace for employees and the measures that have been taken to mitigate against them. In your case the employer has provided safety shoes in order to mitigate against slips, which clearly hasn’t worked!
Can I also ask about the stairs- Does it have a hand rail, on one side of two? Is it a very wide stairs? Were there any spillages, broken tiles etc that could have caused your fall or was it 100% due to the shoes and the grease on them? Is there anything in your contract that states that you need to clean the shoes, or does the company do this, similar to say a contract to clean protective clothing?
I have worked in this area previously, I am not qualified but just have some experience so this is going on my own opinion only! Where I used to work (retail environment with food sections) we always ensured to report every single incident/accident, no matter how big or small to our insurance company. The insurance company ALWAYS advised us to pay the doctors expenses of the employer and pay them for their sick days if certified. You can claim part of your wages from social welfare and the employer pays the rest. The insurance company advised to ensure to check with the employee at regular intervals, ensure they are taking enough time off, etc etc. From my experience it was always the case that someone would be given a lift home / call an ambulance / taxi etc if they had an accident in the store. Basically the employee was always looked after as the company wanted to ensure that a claim was not made. A claim can be lodged up to 2 years after the incident so it is in the company’s best interest to deal with it at the time rather than have a claim made against them.
We also had an incident/accident report book that was filled in for ever incident including all details of what happened. This was what was send to the insurance company, including any photos of the area, and the CCTV footage if applicable. In your case is there any CCTV footage available? All such incidents should also be reported to the Health and Safety Authority (something that we didn’t do) but should be done.
So basically what I am trying to say is that I am really surprised that the company are not taking what happened to your very seriously! This is a workplace incident and as such the company are liable as it occurred during working time on their premises. You certainly are in a position that your doctors bills and wages should be paid by the company at the very least. Have you spoken to them on this at all?
It is also important to note that although the shoes where provided to you by the employer, there were complaints about their suitability and this was brought to the attention of the employer. The employer should have acted on this which they haven’t, which is very important in this case.

briano

I am sure you have done this already, but take a screenshot of the facebook message and keep any notification emails that you received.

Clauric

I would suggest Injuries Board as a first stop. Read the information that they provide. I would also talk to a solicitor, if your employer denies the Injuries Board the right to decide on the matter. I would also contact the Occupational Injury section of DSP as well as their Disablement section (Ring 01 7043000, they can direct you).

Another option, as suggested, is contact the Health and Safety Authority and NERA. They should be in a position to help as well. You might also want to contact your HR section directly, and make a complaint.

MagicMarker

Sounds like you have a case, I'd be speaking to a solicitor.

Out of interest, what medical bills do you have? Surely it's just the A&E charge and your prescription?

RachaelVO

As Eoin suggested, consult a solicitor. That way you know exactly what you are and aren't entitled to.

However keep all you back, as was also suggeted, keep the FB email notification, take a screenshot of the comment. Write down EVERYTHING. The time and date of the fall and the times of all other subsequent events. Keep this log totallly chronological and add any contact you have with your employer whether it be phone call, text or email.

This is a workplace injury and your employer should have insurance to cover this, but that doesn't mean they won't resist any claim you may or may not make. If you have a chronological log, with pages numbered to just clarify that no pages have been ripped out then you don't have to rely on your memory AFAIK a log like this, if it goes that far is admissable in court, but as I said it needs to be water tight, hence I suggest to number the pages and keep it in time and date order!

LegacyUser

You need to get a MC1 form from your doctor and make a claim for Occupational Injury Benefit (same form as Illness Benefit) to be handed into your local Social Protection Office. While in there ask for SW30 - Guide to Injury Benefit.
LINK = http://www.welfare.ie/EN/Publications/sw30/Documents/sw30.pdf

It might also be working checking out your possable entitlement to claim expenses back.
LINK = http://www.welfare.ie/EN/Publications/sw34/Documents/sw34.pdf

Hope this helps and hope your back on your feet soon

Eoin

MagicMarker wrote: »

I'd be speaking to a solicitor.

I think that's the best advice you'll get here.

OP - this isn't the place to be discussing whether or not you've got grounds to sue. You've been given lots of good links etc, so leaving it at that.