Page 1 of 2 12 LastLast
Results 1 to 10 of 13

Thread: Health and Safety after an accident at work

  1. #1
    Join Date
    Dec 2010
    Posts
    6,110

    Health and Safety after an accident at work

    My brother in law has been treating dreadful after his chainsaw accident at his Gaffa's farm in January.
    He is still going to physo at the QE once a week.
    He as not recovered use of working hand,he has nerve damage ,can't make a fist and is waiting another operation.
    My Brother in law is loyal to his employer,who he considers a friend.
    He has worked there for 45 years only losing 10 days sick in all those years,he has baby sit his children.
    Now this is how he treated him.
    Ist week after accident put him furlough till the works insurance started to pick up his wages.Surely this is a breach of the furlough scheme.
    He has only contacted him 3 times and that was to ask when he was comming back.
    Last week he said if he couldn't do the job he should claim disabilty.
    I don't think the accident has been reported to Riddor ( Health and Safety) surely somebody would have got in touch.
    He has never had any training on safe use of chainsaw and the tractor he drives.
    No PPE was ever offered and no risk accesment was ever made during the 30 years going down the farm, when the work was slack at the factory.
    He is getting full pay from the insurance at the moment, but the GAffa has said he is changing his insurance company next month.
    Iv'e told the brother in law forget about loyalty get some legal advice.
    Next month he could be on Goverment sick pay, with no hope job wise.
    What are is rights and what would you do

  2. #2
    Join Date
    Jul 2008
    Posts
    18,289
    Iím sad to hear of his plight Lloyd and his boss has broken a whole host of rules and very possibly the law.

    But.......and this may seem harsh, your brother in law has dug his own grave to a large extent, heís worked for this guy for 45 years and he knew full well there was a complete disregard to training and to safe practice.

    Heís set himself up for this to a large degree through friendship and misguided loyalty.

    He needs a solicitor, itís as simple as that.

    I can give you details of my solicitor, theyíre very good and very reasonably priced and have offices in a lot of West Midland towns.

    Without legal council your relative is p I s s I n g in the wind Iím afraid.

    I donít think he need concern himself about this ďfriendshipĒ for starters, his boss seems like an absolute s h I t.

    I think his ability to do the job is probably at an end as well.

    He needs serious advice, I would think that if they finish him on medical grounds he would be due recompense of a substantial amount after 45 years.

    Tell him not to resign under any circumstances as heís playing right into his bosses hands if he does.

    Happy to pass on details if he wants legal help?

  3. #3
    Join Date
    Jun 2010
    Posts
    6,729
    Quote Originally Posted by soulman101 View Post
    My brother in law has been treating dreadful after his chainsaw accident at his Gaffa's farm in January.
    He is still going to physo at the QE once a week.
    He as not recovered use of working hand,he has nerve damage ,can't make a fist and is waiting another operation.
    My Brother in law is loyal to his employer,who he considers a friend.
    He has worked there for 45 years only losing 10 days sick in all those years,he has baby sit his children.
    Now this is how he treated him.
    Ist week after accident put him furlough till the works insurance started to pick up his wages.Surely this is a breach of the furlough scheme.
    He has only contacted him 3 times and that was to ask when he was comming back.
    Last week he said if he couldn't do the job he should claim disabilty.
    I don't think the accident has been reported to Riddor ( Health and Safety) surely somebody would have got in touch.
    He has never had any training on safe use of chainsaw and the tractor he drives.
    No PPE was ever offered and no risk accesment was ever made during the 30 years going down the farm, when the work was slack at the factory.
    He is getting full pay from the insurance at the moment, but the GAffa has said he is changing his insurance company next month.
    Iv'e told the brother in law forget about loyalty get some legal advice.
    Next month he could be on Goverment sick pay, with no hope job wise.
    What are is rights and what would you do


    Firstly he needs to sit down with his employer and play it all nicely nicely but be harmed with the facts. He should have received full training - there should be health and safety procedures in place and a log made of injuries. I would ask him to go to the GP and get everything logged as any claim will ask for the full medical records

    The work insurance should cover this immediately and sadly this is an abuse of the furlough scheme.

    I suggest in the meeting with the employer he also places on record everything in writing. He can say heís doing this in a nice way because something could happen to his health and he wants to do everything to the book for both parties.

    Sadly working for friends or doing things never work properly as advantages are taken and the friendship could be at risk!

    In summary - he does need the friendly approach but needs to be tough with this person as he has responsibilities to ensure safe training and a safe work environment.
    Last edited by baggieal; 09-06-2021 at 07:02 PM.

  4. #4
    Join Date
    Dec 2010
    Posts
    6,110
    Thanks Mick and Al, I'll pass on the advice.
    I've been trying for weeks to get through to him.
    Last week it got to him when, he was told to g o and claim disability.
    He has got 7 years till he gets his state pension.
    The works couldn't have reported the accident otherwise there would be a investigation.
    To not report an accident which requires 7 days of sick is an offence, with a up to £20k fine.
    I agree with Al that he has to approach it the right way.
    What worrying him is that he being kept in the dark.
    He doesn't know how long the insurance will pay his wages and how when told they are changing insurance company's next month.
    What could the implications of this be?

  5. #5
    Join Date
    Jun 2010
    Posts
    6,729
    Quote Originally Posted by soulman101 View Post
    Thanks Mick and Al, I'll pass on the advice.
    I've been trying for weeks to get through to him.
    Last week it got to him when, he was told to g o and claim disability.
    He has got 7 years till he gets his state pension.
    The works couldn't have reported the accident otherwise there would be a investigation.
    To not report an accident which requires 7 days of sick is an offence, with a up to £20k fine.
    I agree with Al that he has to approach it the right way.
    What worrying him is that he being kept in the dark.
    He doesn't know how long the insurance will pay his wages and how when told they are changing insurance company's next month.
    What could the implications of this be?

    Mick more up to date on employment laws than me Lloyd.

  6. #6
    Join Date
    Dec 2010
    Posts
    6,110
    Quote Originally Posted by baggieal View Post
    Mick more up to date on employment laws than me Lloyd.
    Thanks Al.

  7. #7
    Join Date
    Jul 2008
    Posts
    18,289
    His employer is getting ready to shaft him.

    Thereís no time left to play the nice guy routine, he needs legal advice and he needs it quickly.

    Anything else is just a sign of weakness, this bloke is a complete and utter t w a t and he is going to cut your mate adrift with nothing Lloyd.

    You may not know this but thereís a old law thatís still in place today.

    ANYBODY has the right in the U.K. to a free 15 minute consultation with any lawyer as long as itís claimed with notice.

    I once did this when I was considerably less well off after being advised of it by a friend, in the old days you could just walk in off the street and demand it.

    I believe it was originally set up so that no person however poor could be totally disenfranchised from their legal rights to council.

    He could ring any law firm ( mine if he wishes ) and a qualified solicitor is honour bound to give him at least 15 minutes of free time and solid advice, I actually got longer and I believe most solicitors would be fair in this regard.

    Heís a fool if he wonít go legal Lloyd.

    If he lacks the confidence to do it on his own then maybe you or a family member should go with him to help him through the process.

    I wouldnít even warn his boss, Iíd hit him straight between the eyes with the necessary legal papers.

  8. #8
    Listen and tread carefully, what Mick has said is spot on, 100% talk to a solicitor that has experience in employment law before saying anything to anyone. So many issues here and anything your brother in law says to his employer can be used later. Donít be scared of solicitors costs, an initial conversation should be free.

  9. #9
    I had an issue with the directors of a company that I worked for, many years ago, I considered these people as friends and had done them a big commercial favour, at no cost to them. They made me ‘redundant’ on a lie, not expecting that I would do an about it, indeed, probably didn’t think that I would find out what the details were. Anyway, I went down the legal route, which was a big shock to them but it had to be done. There is no excuse for ‘shafting’ people, take legal advice, ALWAYS.

  10. #10
    Soulman he looks upon his employer fondly after 45 years because he's been a model employee and done whatever he's been told to do, in other words that makes him useful - there is no such thing as loyalty, when something is no longer useful it is usually discarded/replaced. There are of course exceptions but these are rare - he owes them nothing and he needs to think only of himself & his future financial security here as clearly this guy doesn't give a toss about him.

    Take legal advice and try to serve a claim before insurers change, it will most likely end with an out of court settlement which to the employer is a small hit on insurance premiums but for your man will be appropriate compensation. He should reject the first offer, they won't want the courts to decide as the 45 years of service counts for a lot.

Page 1 of 2 12 LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •