Advice regarding an injury in the workplace claim.

[Chimneychap]

Evening ladies and gents. Hoping to try and get a little advice on how best to approach the following situation:

Last week I offered a one week trial to a potential new employee to see if he was capable of doing the job.

He worked six days as agreed and having discussed the matter with his line manager I made the decision on the sixth day not to offer him the job.

On day five, he was asked to go and get a tool from the works vehicle. In order to reach this tool he attempted to move some materials (heavy boards) which had been loaded on to the vehicle with three men that morning.

Rather than come back to ask me or the other member of staff he was working with to assist he removed the clamping systems that were securing the boards into the vehicle and attempted to move them on his own. The boards subsequently fell over with him underneath them trying to hold the weight.

His line manager rushed over to assist and between them he boards were re-secured and the tool used.

He carried on with his trial for all of day five, and came into work for day six. Over the course of these two days he was using a large cement whisk to make buckets of mortar, carrying buckets of mortar up and down ladders and generally moving materials around site.

He made no mention to me of any pain or injury as a result of having attempted to move the boards.

Day six I tell him that he is not being offered the position, and within two hours I get a message saying that he is in agony and suspects he has two broken wrists and a sprained ankle.

Obviously considering the work he was doing on days five and six (which would not be physically possible with the injuries he is claiming) and the six miles of walking, and the fact that he did not report the incident or any pain to me I feel that this is a complete fabrication and a direct result to me not offering him the job.

Has anyone else here been in a similar situation or is able to offer advise on how best to approach things moving forward?

Thanks in advance.

 

[StevensOnln1]

He's clearly trying it on. He need to go to hospital for x-rays if he thinks he has broken something.

 

[Chimneychap]

Hi stevensonln1. I'm 100% sure that is the case. Was going to suggest that to him but wasn't sure if that could / would potentially work in his favour further down the line.

He is a mixed martial arts fighter and personal instructor in his spare time so may well have previous injuries that could reflect this.

He told me at the end of day three that he spent three hours sparring the night before.

 

[Bob]

@Employment Law Clinic will be the man to help you

 

[Chimneychap]

Thanks for the heads up bob.

 

[john1989]

Did this person receive an induction?
Did the induction incorporate manual handling techniques?
Was the accident reports in the accident report book?
Could he argue that he continued to work whilst hiding an injury because there was a carrot dangling (potential job offer)?
Are you insured for non-employees working in your workplace?

Whilst he might be trying it on, he may well have a good case against you if he can obtain doctors notes to substantiate his injuries.

 

[Chimneychap]

Hi john.

Yes he was given an induction and on site training by his line manager regarding manual handling techniques.

It was not reported to me as an accident until after I had already told him that he was not getting the job.

I can't see how anyone would be able to carry a bucket full of mortar up a ladder to a roof or with the injuries he is claiming.

I do of course have insurance with nfu but not sure without speaking to them the specifics of how this would be handled while someone is on trial.

I have requested that he visits a doctor and provides evidence to substantiate his claims. No response as yet so will see how it plays out.

 

[AnneLou]

I wouldn't make any further contact with the person. Just make sure you have an accident book or form filled out with statements from the other staff concerned, relevant dates, times and observations about behavior. Make sure the other staff make a record of the training given to the claimant. Then leave it at that. Let the claim come in and then pass to your insurer. You don't need to have any further contact with the claimant at all. Your insurer will handle things if a claim comes in. They will probably want to send and assessor to look over your paperwork and view the site. They will want to know what other accidents have taken place and been recorded in the past. They will make the decision to either pay out or fight. That's why you have insurance and it shouldn't really make much difference if the person was a trial employee, a customer or another trader.

 

[Chimneychap]

Apologies for the delay in responding. My recent staffing issues have meant me working double time to keep things moving.

Thanks for the advise. I have not heard anything from him or any representative so far. Have not made any further contact so will leave it be and see what if anything happens.

 

[Gecko001]

Hi john.



I do of course have insurance with nfu but not sure without speaking to them the specifics of how this would be handled while someone is on trial.
.

Insurance companies are very very particular about reporting incidents which could lead to a claim. Even if this claim is not followed up by the would-be employee, insurance companies usually will expect you to report it to them. Also, if it is not reported it could affect how the insurance company treats any future claims by any employee.