Welcome Guest! The IOSH forums are a free resource to both members and non-members. Login or register to use them

Postings made by forum users are personal opinions. IOSH is not responsible for the content or accuracy of any of the information contained in forum postings. Please carefully consider any advice you receive.

Notification

Icon
Error

Options
Go to last post Go to first unread
Admin  
#1 Posted : 17 April 2007 16:35:00(UTC)
Rank: Guest
Admin

Posted By Austin. U Hi All, Please i would need an advise on this.Last friday at work a steel fixer twisted his ankle and we took him to the A&E where the doctor confirmed that he should be OK next day with some pain killers. Yesterday(Monday),i asked after the worker from his colleagues and was told his condition has gone worse and cannot walk. The polish worker cannot speak/understand English and he is new to the UK. I was told that he has been at home and has taken no medicine as he do not know where to go and how to communicate. I immiediately contacted the site/project manager to inform him and if possible to arrange for the worker to be taken to the hospital but he is of the opinion that the company has done enough by taking him to the hospital first time and it is therefore his responsibility to take care of himself thereafter. Am aware of RIDDOR. but someone pls advise if the company has done enough and also the consequences on the company should his condition go worse because no scan/x-ray was done in the hospital. Thanks, Austin.
Admin  
#2 Posted : 17 April 2007 16:53:00(UTC)
Rank: Guest
Admin

Posted By TBC I knew a guy who simply twisted his ankle whilst working for BP. Everything was done done for him yet he died in hospital from what I think is called a pulmonary thromboembolism (blood clot hit the brain). You say this guy doesn't know what going on never mind the potential of what could happen. The company should take better care of him and in future ensure that however hires these guys thinks about their actions - not just the cheap labour option.
Admin  
#3 Posted : 17 April 2007 16:55:00(UTC)
Rank: Guest
Admin

Posted By MAK No! The injured party has not sustained a new injury. this is a development of the original and sounds like an inaccurate diagnosis in the first place, and depending on the man's pain threshhold should arguably have had an xray in the first instance PARTICULARLY as there were communication difficulties. some companies however, may feel that if the injured party doesnt spend a relevant amount of time in the hospital, and it can be written as a minor injury then they dont have to report it under RIDDOR....good angle for them, bad for us! The site manager is wrong and taking a clear and underhand advantage. Refer to RIDDOR 1995 http://www.opsi.gov.uk/S..._19953163_en_2.htm#mdiv3 (2) Subject to regulation 10, where a person at work is incapacitated for work of a kind which he might reasonably be expected to do, either under his contract of employment, or, if there is no such contract, in the normal course of his work, for more than three consecutive days (excluding the day of the accident but including any days which would not have been working days) because of an injury resulting from an accident arising out of or in connection with work (other than one reportable under paragraph (1)), the responsible person shall as soon as practicable and, in any event, within 10 days of the accident send a report thereof to the relevant enforcing authority on a form approved for the purposes of this regulation, unless within that period he makes a report thereof to the Executive by some other means so approved. The worker by now obviously has to get back to hospital, but may be reticent to cause trouble..
Admin  
#4 Posted : 17 April 2007 17:01:00(UTC)
Rank: Guest
Admin

Posted By MAK Austin, If you need a polish translation to communicate with the injured man, please email me direct. I have some Polish colleagues who could help who work me. M
Admin  
#5 Posted : 17 April 2007 17:04:00(UTC)
Rank: Guest
Admin

Posted By MAK urgh sorry for the grammar, but its hometime
Admin  
#6 Posted : 17 April 2007 19:55:00(UTC)
Rank: Guest
Admin

Posted By PETER LENNON Hi, As I see it you have a duty of care to ensure that your employee recieves the correct treatment, everything has a possibility of ending in a civil court. but so long as you excercise the correct duty i cant see there being any a civil action. It would be very difficult to establish that you as the company have not acted properly in this instance, but the best stance is for you to advise him to return to either his GP or the hospital for a check, if he doesnt go its his fault and in addition to this I feel the judge or solicitor bringing the claim would probably be more likely to consider the hospitals misdiagnosis as the key issue here. Cheers Peter. L Hope It helps
Admin  
#7 Posted : 18 April 2007 00:12:00(UTC)
Rank: Guest
Admin

Posted By Ken Taylor I would have thought that, as regards treatment for a workplace injury, the employer's duty relates to first-aid provision and referral to medical attention (followed, of course, by reporting if reportable). Other considerations arise as to cause, remedial action, return to work, accommodating continued incapacity by work changes, etc. The employer in question appears to have done what is needed at present as far as treatment is concerned. The injured person seems to need to seek further medical attention from a doctor or the hospital and, whilst the employer can helpfully suggest this, it's for the employee to do so.
Admin  
#8 Posted : 18 April 2007 09:47:00(UTC)
Rank: Guest
Admin

Posted By Tabs *sigh* Does health and safety stop at RIDDOR now? Yes, it sounds like your manager has satisfied the law in terms of treatment (it is for the hospital to decide what to do and how to communicate that), but what about being a human being? Does the Company CEO want a man new to the country unable to communicate, to continue to suffer - and remain unavailable for work? You don't have to be a company representative 24/7 - you could decide to help this man by arranging someone to bridge the communications and get back to the A&E because things have changed. A few pain killers and anti-inflammatories might be all that is needed ... but tell me, if you were in Poland tomorrow, could you find the right stuff in the chemists? I had to resort to O-level chemistry equations to ask for ant-acids in Asia! Be a good neighbour, never know when he might repay the compliment.
Admin  
#9 Posted : 18 April 2007 12:01:00(UTC)
Rank: Guest
Admin

Posted By Sean Fraser Tabs, that is one of the best responses I have ever seen on this forum and it justifies one of the reasons why I am in this profession. I agree with your comments 100%
Users browsing this topic
Guest (2)
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.