Cleaner injured in domestic client property

[Reb D]

Recently a self employed member of staff (who is verified self employed for tax purposed by hmrc, we made sure of that) dropped a pan she was washing, went to catch it and caught her finger on the dishwasher that didn't have a front on it.

The dishwasher was intact during our risk assessment. This has resulted in a bad wound and she may not have full use of her finger again.

We have received an email today to say her solicitor is claiming

Failing to avoid the need for the Claimant to undertake the handling of the item manually, when the same was a task which involved a risk to the Claimant of being injured contrary to Regulation 4 (1) (a) of the 1992 Regulations or at all. Failing to make a suitable and sufficient assessment of the manual handling operation to be undertaken by the Claimant or to take appropriate steps to reduce the risks of injury arising out of the operation to the lowest reasonably practicable level contrary to Regulation 4 (1) (b) of the 1992 Regulations or at all.

She is insured under our employees liability and we were in the process of making a claim.

Can anyone give me any ideas as to how we could have prevented the accident?

Just to add,we dont do washing up, only if it is stated in the clients specifications, which it wasnt and the cleaner was aware of this.

Thank you for reading.

 

[kulture]

The only thing that comes to mind is training. All cleaners should be made fully aware of what is included in the job and what is not. All cleaners should know what to do if additional tasks are requested. All cleaners should be aware of any risk assessment done and thus be in a better position to note if there is a significant change in circumstances.

That said nothing can get around common sense. If a cleaner is daft enough to drop a heavy pan and then try and catch it where there is a suspect surface then it is difficult to avoid the inevitable accident.

 

[Gyumri]

The Manual Handling Operations Regulations 1992 set out the employers’ responsibilities and give them guidance on how to carry out risk assessments, but you say that the cleaner was self-employed ie not an employee although she might be regarded as a worker.

 

[WaveJumper]

As above but would add did you risk assess the work place, do you have records of this, have you any signed training records etc etc.

As an aside they maybe self employed but are they working for you full time and soley for you as this may raise other issues

I would speak to your own insurance company who will be able to offer advice on a claim

 

[Employment Law Clinic]

None of this makes any sense, not least the argument that she’s not an employee, yet she is covered under the employee’s liability.



If it does come to it, HMRC only determine someone’s status as an employee or otherwise for tax purposes; that conclusion does not transfer automatically to employment tribunals, health & safety regulators, and probably not insurance purposes.



If washing up was not in her job, how is it being claimed that you failed to avoid the need for the Claimant (is she already a Claimant, not a potential Claimant? Is this letter even a genuine pre-action protocol letter, with an effort to resolve matters, rather than just completing a formality?) to undertake something she’s not engaged to do? If she deliberately chopped her finger off with a knife, would that equally be something you could be liable for? Of course not! But if she’s doing things she’s not meant to do, why should you be liable?



As the Manual Handling Operations Regulations have been cited above, perhaps you’ll care to advise the “Claimant’s” solicitor of section 2(2) of these regulations.



Karl Limpert

 

[Frank the Insurance guy]

Hi @Reb D

Firstly - make sure you contact your Employers Liability insurer.

The insurer is experienced in these things and will be able to take the correct action including paying for any legal costs involved. They will look at all aspects of the claim, what they were employed to do etc and act accordingly. This may )or may not) involve passing the liability to the homeowner for not providing a safe environment for the cleaner to work in.

Leave it to the experts - that is what you pay insurance for. For peace of mind that if any claim (including unfounded allegations) are made, that they will deal with it to take the stress and pressure of your shoulders.

Please note however that some insurers may look at a "commercial" decision to pay a claim based on the cost of damages being less than the legal costs to defend a claim!

 

[Gyumri]

"As the Manual Handling Operations Regulations have been cited above, perhaps you’ll care to advise the “Claimant’s” solicitor of section 2(2) of these regulations."

Nice one Cyril! If you chop off your own finger you can't blame anyone else for giving you the knife to hold.

 

[Paul Kelly ICHYB]

This is a great example of where being a member of certain business groups that offer advice and protection can be a life saver.

However, in the present situation, speaking to an expert and getting professional advice is a must. A few hundred quid spent now could save thousands later on.

 

[Frank the Insurance guy]

However, in the present situation, speaking to an expert and getting professional advice is a must. A few hundred quid spent now could save thousands later on.

Before spending out any money yourself - speak to your insurance company - they will pay for expert legal advice.