Employment & HR Brought to you by Jaluch (DocsWizard)

work accident

Discussion in 'Employment & HR' started by Serpeni, Feb 7, 2018.

  1. Serpeni

    Serpeni UKBF Newcomer Free Member

    11 1
    An employee dropped a small weight on her foot whilst at work. She didn't report it, and carried on working for the remainder of the day. She came in the following day and showed that she had bruised her toe, and went for doctors opinion later that afternoon, where it was confirmed that her toe was fractured and she was told not to work for 4 weeks. She is asking for her full pay whilst she is absent, whilst I thought she would just receive SSP. Am I correct?
     
    Posted: Feb 7, 2018 By: Serpeni Member since: Jan 30, 2018
    #1
  2. Mr D

    Mr D UKBF Legend Free Member

    8,306 847
    What does her contract say?
     
    Posted: Feb 7, 2018 By: Mr D Member since: Feb 12, 2017
    #2
  3. Serpeni

    Serpeni UKBF Newcomer Free Member

    11 1
    There is no mention of it in the contract
     
    Posted: Feb 7, 2018 By: Serpeni Member since: Jan 30, 2018
    #3
  4. ethical PR

    ethical PR UKBF Legend Free Member

    6,775 1,481
    You should cover terms for sick pay in your contract.

    However, if she is having time off as a result of an accident at work, I would imagine this is a different issue.

    You also need to think about possible compensation claims.

    What have you done now you know there has been an accident in the workplace? Have you filled in an accident report? Carried out an investigation?
     
    Posted: Feb 7, 2018 By: ethical PR Member since: Apr 19, 2009
    #4
  5. Serpeni

    Serpeni UKBF Newcomer Free Member

    11 1
    An accident has now been filed, but 24 hours after the incident, and an investigation has been carried out.
     
    Posted: Feb 7, 2018 By: Serpeni Member since: Jan 30, 2018
    #5
  6. Mr D

    Mr D UKBF Legend Free Member

    8,306 847
    Presumably you don't require steel capped footwear at work?
     
    Posted: Feb 7, 2018 By: Mr D Member since: Feb 12, 2017
    #6
  7. Serpeni

    Serpeni UKBF Newcomer Free Member

    11 1
    No, the lady in question was sewing and had placed a weight on a small stack of fabrics to keep them flat. She dropped the weight when moving the fabrics
     
    Posted: Feb 7, 2018 By: Serpeni Member since: Jan 30, 2018
    #7
  8. Newchodge

    Newchodge UKBF Big Shot Free Member

    9,330 2,373
    It is normal practice, if someone is absent due to an accident at work, to pay normal pay. If your contract doesn't say anything about it, what does it say about sickness absence?
     
    Posted: Feb 7, 2018 By: Newchodge Member since: Nov 8, 2012
    #8
  9. Newchodge

    Newchodge UKBF Big Shot Free Member

    9,330 2,373
    Why was the weight available to her?
     
    Posted: Feb 7, 2018 By: Newchodge Member since: Nov 8, 2012
    #9
  10. Serpeni

    Serpeni UKBF Newcomer Free Member

    11 1
    We are a curtain and fabric handler, weights are used throughout the factory to assist in flattening the fabrics. These are small items similar to flat irons, around 2 kilos
     
    Posted: Feb 7, 2018 By: Serpeni Member since: Jan 30, 2018
    #10
  11. Serpeni

    Serpeni UKBF Newcomer Free Member

    11 1
    Contract states 'if you are absent from work due to sickness or injury, and comply with notification requirements you will be entitled to receive SSP
     
    Posted: Feb 7, 2018 By: Serpeni Member since: Jan 30, 2018
    #11
  12. Mr D

    Mr D UKBF Legend Free Member

    8,306 847
    So will you be requiring staff to wear steel capped shoes now?
     
    Posted: Feb 7, 2018 By: Mr D Member since: Feb 12, 2017
    #12
  13. STDFR33

    STDFR33 UKBF Big Shot Free Member

    3,518 855
    If your employee works in an environment where they are operating machinery and using weights, then there ought to be risk assessments undertaken and safeguards in place for risk areas.

    Steel toe caps can be bought so they are like trainers, rather than boots so they don't have to be a pain to wear. Offering your staff adequate PPE would have prevented the accident.

    In light of the circumstances, in no particular order, I would:-
    1) Pay this employee full pay and hope they don't put in a compensation claim
    2) Review your contract of employments / sickness policy
    3) Complete some risk assessments
    4) Provide your employees with PPE

    Only having to pay this employee full pay would be a good result for you, and I'm surprised that you have had to ask the question.
     
    Posted: Feb 7, 2018 By: STDFR33 Member since: Aug 7, 2016
    #13
  14. Serpeni

    Serpeni UKBF Newcomer Free Member

    11 1
    I think there would be resistance to wearing steel toe capped shoes in a sewing house, but if that was what was required, then we would have to offer them
     
    Posted: Feb 7, 2018 By: Serpeni Member since: Jan 30, 2018
    #14
  15. Mr D

    Mr D UKBF Legend Free Member

    8,306 847
    As much resistance as having people fracture toes?
     
    Posted: Feb 7, 2018 By: Mr D Member since: Feb 12, 2017
    #15
  16. STDFR33

    STDFR33 UKBF Big Shot Free Member

    3,518 855
    As I've said, they don't have to be typical 'big black boots':
    https://www.screwfix.com/c/safety-workwear/safety-trainers/cat850528?brand=delta_plus&webicon=new

    You are the employer. You tell them that they must wear the PPE provided and that not wearing it would be a gross misconduct offence and disciplinary action would follow.
     
    Posted: Feb 7, 2018 By: STDFR33 Member since: Aug 7, 2016
    #16
  17. atmosbob

    atmosbob UKBF Ace Free Member

    3,292 734
    I'd also send a big bunch of flowers.
     
    Posted: Feb 7, 2018 By: atmosbob Member since: Oct 26, 2009
    #17
  18. Newchodge

    Newchodge UKBF Big Shot Free Member

    9,330 2,373
    One of the reasons for giving full pay after an accident at work is that it may deter the employee from claiming compensation. If they have lost pay over it they are more likely to feel aggrieved and seek advice about a claim. Presumably you have notified your insurers?

    Just offering PPE is not acceptable. If you carry out a risk assessment that establishes there is an injury risk (which there obviously is as there has been one) which PPE would have ameliorated, you must require that staff wear appropriate PPE and enforce that requirement.
     
    Posted: Feb 7, 2018 By: Newchodge Member since: Nov 8, 2012
    #18
  19. atmosbob

    atmosbob UKBF Ace Free Member

    3,292 734
    I'm not an expert as you are but doesn't it depend on the likelyhood of risk and future instances? Dropping the office kettle could also damage a toe but I don't think you need to enforce wearing steel capped shoes in an office.
     
    Posted: Feb 7, 2018 By: atmosbob Member since: Oct 26, 2009
    #19
  20. STDFR33

    STDFR33 UKBF Big Shot Free Member

    3,518 855
    The risk of that would be deemed low, so no requirement for PPE for that specifically.

    If the kitchen is upstairs and hot drinks are consumed downstairs, you would identify the risk of spilling hot drinks medium / high and therefore implement the use of trays.
     
    Posted: Feb 7, 2018 By: STDFR33 Member since: Aug 7, 2016
    #20