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Posted By Gary Briggs
A friend, whilst working for an uninsurred employer hurt his hand when a slab of concrete fell on it. He has had four metal plates fitted to his hand. Q1 can he claim off his employer. Q2 can he claim off the main contractor.Q3 riddor have not been informed,whats the consquences to, employer/main contractor. Lastly his employer his, his best friend.
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Posted By Martyn Hendrie
Gary,
The answer to your questions is
Q1 possibly
Q2 possibly
Q3 probably no significant affect on your friend or any claim he may make.
In any situation where a person has been injured and is considering making a claim for compensation, it is best to get specific advice from someone who can hear the details of what happened and give an informed opinion.
I would suggest that your friend consider contacting the citizens advice bureau. They can give advice (free) and if necessary arrange an initial interview/meeting with a solicitor (often free of charge for the first meeting)
Hope that this helps
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Posted By Stuart Nagle
Gary.
Questions for you!!
Does the main contractor have a H&S Officer/Advisor?
Does the sub-contractor have the same?
If so, what are they doing and are they getting paid for it. I would suggest that this is typical of the management of contractors in construction generally. Much said little done... No wonder this sector of 'industry kills more than any other...
I'm distgusted...
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Posted By Simon Ward
I work in the construction sector and am well aware of the very high levels of under reporting of reportable (RIDDOR) accidents. I have heard of a subcontractor who was proscecuted and fined £5000 for failing to report a similar injury, but I am not sure how the HSE would find out about it, unless they were contacted by the solicitor of the injured person in the event of a claim. I would be very interested to hear other members experiences regarding the consequences of non-reporting.
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Posted By Vicky Pye
Simon
It is possible to make an anonymous complaint to the HSE regarding the non reporting of an accident. On receipt of this complaint this will then be investigated by an Inspector (if there is an Inspector available to deal with it !!)
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Posted By David J Bristow
Hi Gary
Interesting thread, which raises a few questions:
Maybe it’s a bit late (nearly midnight) but I would ask the question of why the employer has no insurance in place – if he employees persons then he has to have Employers Liability Insurance in place, if he hasn’t then he is breaking the law:
I would agree with Gary’s response in that your friend needs to seek expert advice on the matter.
As stated by Vicky the accident can be reported anonymously, but I thought, and I am not a hundred percent sure, that Doctors at hospital completed forms/questionnaires and if an accident appeared to be work related then they are duty bound to send details to HSE and local authorities – reporting through the back door! – any doctors out there to confirm whether this is fact of fiction!
Regards
David B
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Posted By Steve Appleton
Dear Disgusted of Blueyonder …. or may I call you Stuart ?
I’d like to pick up on the point you made about the construction industry killing more people than any other.
In defence of the concerted effort to improve safety within construction, I must correct you & point out that according to the latest statistics on the HSE website there are a number of other industries that account for far more deaths – namely;
Recycling / Scrap Industry,
Quarrying,
Mining / Oil Exploration,
Sewage / Refuse Disposal,
Agriculture.
Although I would agree that 1 death is 1 death too many and that deaths within the construction industry are running at 7 times the national average, there is a general downward trend in the number of fatalities, which I’m sure will continue as the management of contractors & site conditions improves further.
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Posted By Graham Bullough
David Bristow suggests in his response to this thread that there may be some mechanism by which hospitals and doctors report injuries to HSE and local authorities. From past experience with HSE and involvement with the training of medical students, etc. I am certain that there never has been any such mechanism.
What David may have in mind is the fact that before about 1985 doctors, whether GPs or in hospitals, used to be able to or have an obligation to directly report cases of occupational disease to HSE (and be paid the equivalent of half a crown in old money for such notification). As most doctors tend not to think of or supect occupational causes for ill-health, there probably weren't many such notifications under the old scheme. The present system under RIDDOR which relies on employers identifying occupational diseases from sick notes and then notifying HSE is probably even less reliable.
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