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Posted By Des Daly
Scenario:
An employee claims he injured himself whilst carrying out a task he says he was instructed to do even though he was not trained ( Slingling bundle of scaffold tube).
Employee leaves site to go to hospital after reporting injury to Contracts Manager.
Employee does not return to work - but starts working for new employer after 2 weeks off work with injury. New job is not physical and this is mentioned on Claims Form. However, ex-employee was working for company for 4 days only - prior to this RETURN to phyical work he was working non physically.
Ex -empoyee calls company and asks for 2 weeks wages and 'company will hear not more about incident'.
Company refuses and ex-employee then goes to small claim court to claim and amount greater than 2 weeks wages.
Ex-employee cites 'Heath and Safety Act (sic) and British Standards training requirements (BS 7121)on Claims Form.
Company asks Safety Manager to deal with the Claim but Safety Manager does not have any experience of Small Claims Court. He thinks - 'Civil Claim'. He remembers 'NEBOSH' and how to defend civil claims BUT still is not sure about Small Claims Court and procedure claims for injuries incurred at work.
Any idea what Safety Manager could do to defend claim in Small Claims Court - is it possible to do? Has anybody experience of such things?
Worried Safety Manager is in need of advice and direction.
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Rank: Guest
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Posted By Sean Fraser Des, Not sure myself, but I would contact the court regarding procedure - if not, citizens advice should be able to provide you with information. Try this website as well: http://www.compactlaw.co.uk/smc.htmlIt looks reasonably useful guidance.
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Posted By Robert M Edwards
If worried safety manager phones us on 0870 240 4325 one of the lawyers can help him out with the procedure and some hints on what to produce. I am sure a defence will have been issued by now, was any legal advice taken on points to defend this on?
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Posted By Geoff Burt
I've found the IOSH legal helpline to be excellent for the two I've been involved in (won both) - just talking it through with them helps enormously. Also as it is independent and they not looking for fees you feel you are getting an unbiased opinion.
Geoff
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Posted By Mark Jarman
As this involves an ex-employee, you should be informing your Employers Liability Insurance provider. They will have either in-house staff, or external contacts for dealing with these claims.
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Rank: Guest
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Posted By Geoff Burt
You're right Mark, that should have been my answer - that's the obvious first port of call and they should deal with it.
Nice to see a straight thinker.
Geoff
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Rank: Guest
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Posted By Des Daly
Thanks to all who responded - I will keep you informed of the outcome.
Des Daly
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