Compensation claim

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MHS

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Hello all. Some more advice needed please. :)


Last Wednesday night at work, I was climbing up a stepladder with a babyseat in my hand to put onto the top shelf of our warehouse racking. I got onto the top step of the ladder and the ladder broke, I fell down and banged my knee hard on a part of the ladder.

Since then, I still haven't been able to walk. The pain hasn't gone away and there's been no improvement in five days. I went to A&E straight after the accident, there's no breakage or serious injury, just badly bruised tissue.

Now some of the part-timers at work knew the ladder was broken, but they didn't tell any of the management or left no sign saying it was broken. Do I have a good case for compensation? Also is there any companies you would/would not recommend?

Thanks
 
Depends.

Were you following company safety procedures? (climbing up an unsecured ladder with a heavy/bulky load sounds a bit dodgy)

Also, have you ensured the incident was recorded in the accident book?

Lots of industrial accident claims founder on such issues
 
The incident was recorded in the book yes.

As for safety, the only signs we have are that the racking isn't to be climbed on, which it wasn't. The baby seat is not a heavy box at all and is not too heavy at all for the top shelf.
 
Then I'd say you should give it a go. Can't recommend anyone though - others may have some knowledge - my experience has all been dealing via a Union.
 
Useful advice from the CAB here. Your first step should be to make sure that your employer is aware of the accident and that there is a record of it in the Accident Book.
 
Sounds like a valid claim to me. I would be worried if you done this at my place of work. Its all under the "working at height regulations 2005". My lads have all had ladder training as daft as it seems, and all ladder work must be a two man job.
 
Hazzman said:
Exactly Lazz. As I said to MHS on Friday, ladder testing has to be done on an annual basis. I know for a fact ours haven't been done since 2006.
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And you're sure it's not written somewhere in your contract that you are the person responsible for getting it done?

Seriously though, we don't know whether MHS has had 'ladder training'. If he has and he failed to use the ladder in the approved manner or if he can be shown to have known about the problem with the ladder, a compensation claim might not be so straightforward.

MHS needs to take proper advice.
 
Most agreed, Boc. I am not the person with that responsibility in my workplace and just last week I flagged it up to the fella who normally deals with such things in our office in this regard after being informed at Uni of insurance etc. blah,blah.
 
bocadillo said:
And you're sure it's not written somewhere in your contract that you are the person responsible for getting it done?

Seriously though, we don't know whether MHS has had 'ladder training'. If he has and he failed to use the ladder in the approved manner or if he can be shown to have known about the problem with the ladder, a compensation claim might not be so straightforward.

MHS needs to take proper advice.
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Health and Safety would firstly ask to see the risk assessment for that area. Then they will ask for safe systems of work which MHS would have had to sign to say he had read and understood. Then they will ask to see the equipment check register. If his company has done All three they are in the clear. If they fall down on one then they could be libel. Whatever the case MHS needs to see soliicitor on this one and due to the fact they are making him redundant he needs to do it sooner than later.
 
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lazzer said:
Health and Safety would firstly ask to see the risk assessment for that area. Then they will ask for safe systems of work which MHS would have had to sign to say he had read and understood. Then they will ask to see the equipment check register. If his company has done All three they are in the clear. If they fall down on one then they could be libel. Whatever the case MHS needs to see soliicitor on this one and due to the fact they are making him redundant he needs to do it sooner than later.
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:038: at the first bit

the second is a different case all together :icon_lol:
 
why is it not mhs's fault for not checking the ladder before going up it?
If I go up a ladder, I check the ****er first, I don't like pain.
If he worked for me I'd take the cost of a new ladder out of his wages

It's a compensation culture gone mad....
 
MKFox said:
why is it not mhs's fault for not checking the ladder before going up it?
If I go up a ladder, I check the ****er first, I don't like pain.
If he worked for me I'd take the cost of a new ladder out of his wages

It's a compensation culture gone mad....
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I say he did it on purpose....
 
If Mike Dicken was still alive he'd shout "we're going to hell in a handcart",

Fecking blame culture.

Doesn't anybody take responsibility for their own actions anymore.

How high's the step ladder? Did you check it out first? If you're being made redundant, are you just pulling a fast one?
Standing on the top step, doesnot sound good ladder practise to me, maybe you should of used a longer ladder?
 
H T B said:
If Mike Dicken was still alive he'd shout "we're going to hell in a handcart",

Fecking blame culture.

Doesn't anybody take responsibility for their own actions anymore.

How high's the step ladder? Did you check it out first? If you're being made redundant, are you just pulling a fast one?
Standing on the top step, doesnot sound good ladder practise to me, maybe you should of used a longer ladder?
Click to expand...


MHS is from Barbados as well!
 
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