Thoughts on claiming for a work related injury.

[ste]

Earlier in the year, my wife sustained a crush injury in work - her hand got dragged into a conveyor belt / the roller but fortunately, there was an emergency stop button in reach of her so she quickly pushed it but by this time, the belt rollers were against her wrist. It took maintenance several minutes to free her and as there wasn't any apparent severe trauma, no emergency services were called and they let her go to seek medical attention herself.

At first look, there was some discoloration to her hand / wrist and there was a flesh wound to her wrist. She went to the urgent treatment centre nearby and they bandaged it, x-rayed it (x-rays were clear) and then referred her to the plastics department of the hospital where she attended several times over a couple of months - she was off work for about 3 months with full pay.

It took about 6-8 weeks to regain mobility in her hand / wrist but she still doesn't have the strength she did in that hand / wrist pre-accident and she has a constant numb pain and spells where she says it feels like it's 'throbbing'. I have told her she needs to speak to the doctors as there's probably lasting ligament / nerve damage so that's in the works at the moment. There's also a very noticeable large scarring on her wrist that will be present forever.

The accident was logged, there was witnesses and the company had a health and safety inspection immediately following the injury and this prompted the company to fit a guard to the machine straight away.

Usually, I'm not one for claiming as sometimes these things happen but I think this time is different - she no longer enjoys going to work, she can't do the same things she did pre-injury and she will have life long scarring and probably lasting nerve / ligament damage.

Initially, my wife was against the idea of claiming but as time has passed and she has realised the impact it's having on her life, she is reconsidering.

I wonder what are peoples thoughts - has anyone on here claimed for an injury at work, what is the process? ... some advice, pointers please - good or bad.

Thanks.

 

[Aristotle]

I

Earlier in the year, my wife sustained a crush injury in work - her hand got dragged into a conveyor belt / the roller but fortunately, there was an emergency stop button in reach of her so she quickly pushed it but by this time, the belt rollers were against her wrist. It took maintenance several minutes to free her and as there wasn't any apparent severe trauma, no emergency services were called and they let her go to seek medical attention herself.

At first look, there was some discoloration to her hand / wrist and there was a flesh wound to her wrist. She went to the urgent treatment centre nearby and they bandaged it, x-rayed it (x-rays were clear) and then referred her to the plastics department of the hospital where she attended several times over a couple of months - she was off work for about 3 months with full pay.

It took about 6-8 weeks to regain mobility in her hand / wrist but she still doesn't have the strength she did in that hand / wrist pre-accident and she has a constant numb pain and spells where she says it feels like it's 'throbbing'. I have told her she needs to speak to the doctors as there's probably lasting ligament / nerve damage so that's in the works at the moment. There's also a very noticeable large scarring on her wrist that will be present forever.

The accident was logged, there was witnesses and the company had a health and safety inspection immediately following the injury and this prompted the company to fit a guard to the machine straight away.

Usually, I'm not one for claiming as sometimes these things happen but I think this time is different - she no longer enjoys going to work, she can't do the same things she did pre-injury and she will have life long scarring and probably lasting nerve / ligament damage.

Initially, my wife was against the idea of claiming but as time has passed and she has realised the impact it's having on her life, she is reconsidering.

I wonder what are peoples thoughts - has anyone on here claimed for an injury at work, what is the process? ... some advice, pointers please - good or bad.

Thanks.

If she is a member of a union she can seek free advice from her union representatives.
If not seek legal advice from a solicitor that specialises in industrial injuries.
.
Also the company fitting a guard after the accident implies that there was a probability of somebody being able to trap their hands in the first place.
Which shouldn’t be the case if she was just carrying out her daily work procedure.
I haven’t worked on any industrial machinery in 15 years, but even back then the safety guidelines were pretty stringent.
I would imagine even more so today.
Good luck and hope your wife makes a full recovery.

 

[plasterer]

I've broken my wrist and leg, while plastering for the same company. Being self employed had 3months off each time and just returned. Although a Google search said I may be entitled to between 3 to 6 k. Was never offered any pay while off. And I think if ide kicked up a fuss they would show you the door. Been with them 20 years, but now my son is also there. So just cracked on. I know your case is differant being employed and in the union is a bonus. Fact it was documented, unlike mine, Sounds clear cut. Good luck, and hope you both stay well.... Paul

 

[jigger121]

It will all come down to liability in court. Did she do anything she wasn't meant to do such as put her hand in a place that went against her training. Did management tell her to do anything differently that led to it, was it caused my a malfunction on the machine? Did she sign any legal documents to show that she completed relevant safety training
Not every injury at work is eligible for a claim but if the accident could have been prevented by the company then that's when you can claim.
The fact there was an emergency stop within close range and fully accessible under duress, shows that she is fully trained to know the emergency procedures, but it is worth talking to the union and get their perspective or even call citizens advice they may be able to help mate

 

[rocco234]

I had a work related injury that caused a labral tear in my hip had to have surgery to fix it I told the union rep he said make a claim don't worry about anything as long as your a union member they will pay the legal fee's I'm from UK wales not sure if all unions do that I was in bakers food union

 

[wheelo]

Earlier in the year, my wife sustained a crush injury in work - her hand got dragged into a conveyor belt / the roller but fortunately, there was an emergency stop button in reach of her so she quickly pushed it but by this time, the belt rollers were against her wrist. It took maintenance several minutes to free her and as there wasn't any apparent severe trauma, no emergency services were called and they let her go to seek medical attention herself.

At first look, there was some discoloration to her hand / wrist and there was a flesh wound to her wrist. She went to the urgent treatment centre nearby and they bandaged it, x-rayed it (x-rays were clear) and then referred her to the plastics department of the hospital where she attended several times over a couple of months - she was off work for about 3 months with full pay.

It took about 6-8 weeks to regain mobility in her hand / wrist but she still doesn't have the strength she did in that hand / wrist pre-accident and she has a constant numb pain and spells where she says it feels like it's 'throbbing'. I have told her she needs to speak to the doctors as there's probably lasting ligament / nerve damage so that's in the works at the moment. There's also a very noticeable large scarring on her wrist that will be present forever.

The accident was logged, there was witnesses and the company had a health and safety inspection immediately following the injury and this prompted the company to fit a guard to the machine straight away.

Usually, I'm not one for claiming as sometimes these things happen but I think this time is different - she no longer enjoys going to work, she can't do the same things she did pre-injury and she will have life long scarring and probably lasting nerve / ligament damage.

Initially, my wife was against the idea of claiming but as time has passed and she has realised the impact it's having on her life, she is reconsidering.

I wonder what are peoples thoughts - has anyone on here claimed for an injury at work, what is the process? ... some advice, pointers please - good or bad.

Thanks.

Over here, and I believe we copied you, we have free citizens advice centres in every major city and town, and they can advise free of charge.
Also, most solicitors offer a first consult free, again over here.
Always be aware of the "no win, no fee"contracts ~ I believe that absolves you of costs to your solicitor only, if you lose, you MAY be liable for the other sides costs.
Obvious thing that stands out is that a guard was fitted AFTER THE EVENT.

It will all come down to liability in court. Did she do anything she wasn't meant to do such as put her hand in a place that went against her training. Did management tell her to do anything differently that led to it, was it caused my a malfunction on the machine? Did she sign any legal documents to show that she completed relevant safety training
Not every injury at work is eligible for a claim but if the accident could have been prevented by the company then that's when you can claim.
The fact there was an emergency stop within close range and fully accessible under duress, shows that she is fully trained to know the emergency procedures, but it is worth talking to the union and get their perspective or even call citizens advice they may be able to help mate

Pretty much spot on, particularly the bold bit.
I had a friend who lost the tip of his finger in a machine that I was running, we'd been having trouble with a packing machine, and we were in the run up to a bank Holiday weekend and we were rushing to go home. He won a few quid even though there was a partial guard to prevent him going what he did.

I had a work related injury that caused a labral tear in my hip had to have surgery to fix it I told the union rep he said make a claim don't worry about anything as long as your a union member they will pay the legal fee's I'm from UK wales not sure if all unions do that I was in bakers food union

Over here, and specifically the union I am a member of, the union will cover you for all industrial relations legal fees, not ALL legal fees. But as above, check it out.



In general, I have no prwith claiming from anyone ~ as long as you are injured, I feckin hate false claiming as it pushes up everyone's insurance rates.
My advice, get free legal advice, don't rely on us.

 

[Jester1]

If your wife is a member of a Union tell her to ask her workplace representative how she goes about making a claim.
Usually the union will put you in contact with solicitor that will go through what happened they will then tell you if they would be willing to take your case on.
Don't worry about going to court as that is something both parties want to avoid and in most cases claims are settled before.
I'm going through a similar claim to your wife and the company I work for immediately did an investigation and quickly admitted liability.
Your appointed solicitor will arrange for your wife to see a doctor, the doctor will go through everything and submit a report. The one I saw recommended a psychological assesment as well.
Once all this is complete and the solicitor has all the information they asses it and cone up with a figure they think they could get for your claim all you need to do is accept and the solicitor then fights the company's insurer for the money.
Your wife was hurt both physically and mentally I'd be making a claim. Going through a Union is usually free and you will receive 100% of the claim .

 

[ste]

Thanks for all your input. There is no union in place at my wife's workplace so I think straight to a reputable solicitor might be the best option but before signing up to anything, make sure we know what costs (if any) will be applicable to us.

My wife didn't do anything out of the ordinary - she performed the same task as she does every day but on this day, the conveyor / rollers seems to have caught her sleeve and pulled her hand / wrist into it.

Another family member also works at the same place and during my wife's time off re-habilitating, he heard people saying that it was 'an accident waiting to happen' and that 'there really should be a guard there' and following a quick H&S inspection after the incident, one was fitted promptly.

 

[moshibeth]

No win no fee ple

Thanks for all your input. There is no union in place at my wife's workplace so I think straight to a reputable solicitor might be the best option but before signing up to anything, make sure we know what costs (if any) will be applicable to us.

My wife didn't do anything out of the ordinary - she performed the same task as she does every day but on this day, the conveyor / rollers seems to have caught her sleeve and pulled her hand / wrist into it.

Another family member also works at the same place and during my wife's time off re-habilitating, he heard people saying that it was 'an accident waiting to happen' and that 'there really should be a guard there' and following a quick H&S inspection after the incident, one was fitted promptly.

No win no fee plenty out there.

 

[dsayers2014]

My mam had an accident at work she fell off a till shelf trying to get product from from the shelf behind it. Step ladders don't fit behind the tills so all staff had to do that and the shelf gave way causing serious injury to her leg and still has issues now.

She used a no win no fee solicitor. The solicitors tried to make a claim but she lost it as they said they never told staff to do that. Now they have foot stools in place.

She's had no issues with the managers at work and she still works with them although the CEO does regular visits he now avoids talking to her since the incident.

 

[moshibeth]

My mam had an accident at work she fell off a till shelf trying to get product from from the shelf behind it. Step ladders don't fit behind the tills so all staff had to do that and the shelf gave way causing serious injury to her leg and still has issues now.

She used a no win no fee solicitor. The solicitors tried to make a claim but she lost it as they said they never told staff to do that. Now they have foot stools in place.

She's had no issues with the managers at work and she still works with them although the CEO does regular visits he now avoids talking to her since the incident.

It's left to the insurance company to deal with

 

[pabloescaban]

It's left to the insurance company to deal with

Yes but if a company has a successful claim made against them, their future insurance premiums are sky high. It's like car insurance and other types of insurance, they're seen as a high risk

 

[moshibeth]

Yes but if a company has a successful claim made against them, their future insurance premiums are sky high. It's like car insurance and other types of insurance, they're seen as a high risk

Big multi national companies don't even worry about it pabs its factored in. Can you imagine Tesco for example how many claims they get.

 

[pupuqiop]

Even though there isn't a trade union with a recognition agreement with your Wife's employer, that doesn't mean she can't join one. In ordinary circumstances unions won't represent a new member on pre-existing issues but they make exceptions in some instances (particularly when they can win v an employer) so it might be worth contacting a couple of unions for advice (Unite or GMB would probably be the ones I'd go to in your position.)

I'd definitely put a claim in, the fact they've put safety measures in place after the accident strongly suggests they put your Wife at risk and she needs to be compensated not only for what happened that day but more so for how it may affect her for the rest of her life, and that's an argument for the professionals. Good luck with it and I hope your Wife makes a good recovery in time.

 

[pabloescaban]

Big multi national companies don't even worry about it pabs its factored in. Can you imagine Tesco for example how many claims they get.

It won't be a multi national in this case.
Companies like that have teams of people going around premises and making sure there's little chance of this happening in the first place.
Small companies tend to wing it and hope for the best, sure they minimise risk to the best of their limited ability etc but when it's only half a dozen supervisors and two managers, they haven't got the resource do proper risk assessments and often, they won't pay an external firm of risk assessors to come in and point out what needs to be done.

 

[ste]

Funnily enough, it is a multi national company who she works for and they have a net worth in the tens of billions.

 

[moshibeth]

Funnily enough, it is a multi national company who she works for and they have a net worth in the tens of billions.

Go for it amigo 😀

 

[dsayers2014]

Go for the claim. Insurance will pay for it if solicitors decide it's worth a claim or they'll say no. They shouldn't have any repercussions either way

 

[loncell]

My advise after something similar get a good claims company who claim the cost of the company, mine took 4 years to sort 4 years and stress and annoying unnecessary hold ups like missing paperwork and emails a tactic commonly used plus cancelled rehabilitation appointments.
Good luck and never take the 1st offer and don't settle till her treatments at an end or they keep it going till the earth stops spinning