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Posted By Simon Lee Brown
Hello all,
I recently started a job working on a building site for a subcontracting firm, meaning i am self-employed.
Within 2 hours of my 1st day at work i fell over some scaffolding tubes and fractured my foot. i got this injury due to poor housekeeping on the site and through no fault of my own.i was told by the hospital that it would take 2-3 weeks to recover.
however after phoning my boss and telling him how long my recovery period was going to take, he then told me he was receiving 'bad vibes' due to my absence and if i wasn't in work a week after the accident happened, i should look for alternative work.
so i am now facing the prospect of being jobless due to the fact i am a sub contractor and i had an accident on site.
i would appreciate it if someone could tell me if he is allowed to do this and if not, where could i go from here?
Regards
Simon Brown
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Posted By Descarte If you havnt done already you should think about contacting teh citizens advice bureaux: http://www.citizensadvice.org.uk/they can offer free legal help on matters such as this
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Posted By Granville Jenkins
Has the accident been reported to the HSE, if the Contractor has not reported the accident, then you should report the accident to the HSE. If the contractor has not informed the HSE they will be in breach of RIDDOR Regulations and will be prosecuted by the HSE not only for failing to report the accident but also under Section 3 of the Health and Safety at Work etc Act 1974. Although you are self-employed your 'employer' still owes you a duty of care under Section 3 of the Health and Safety at Work etc Act 1974.
On a personal note, your second point of call (after the HSE) would be to find yourself a good 'no win no fee' solicitor.
Regards
Granville
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Posted By Les Fullwood
I agree with Granville, I think you have a strong case for no win no fee. Good luck.
Les
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Posted By Gff
Thats what insurance is for!
Theres no shame in claiming in this instance they should have been more careful, go for the PC too you should be able to claim both your employer and the PC or at least try.
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Posted By Simon Lee Brown
thank you so much, you have been very helpful.
i have contacted a legal outfit about the situation, they have told me that they are allowed to terminate my contract even though i had an accident while working for them, due to the fact i am self-employed.
i am also considering the no win no fee claim, however i may not go through with it because i have a very good relationship with the company who's site i was on (different company from the one i was working for) and i may be needing a job off them in the near future!
once again thank you for your help!
Regards
Simon Brown
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Posted By gary mckenna
I do sympathise with you but however good your relationship is with this company your well being and safety whilst at work is more important.
I have a good friend who is self employed who came to me seeking similar advice as you after his brother had been electrocuted whilst installing a roof.
His company (who his brother also works for in a self employed capacity) brushed this incident under the carpet. His brother didnt want to pursue this matter any further for pretty much the same reasons as you.
The companies attitude towards Health and Safety doesnt seem to have improved. In fact the day after the incident another roofer was sent up to finish of installing the roof under the same unsafe circumstances without any improved control measures/safe systems of work.
Incidentally my friends brother had to be ressucitated on the roof by the paramedics.
As long as companies continue to put profit befoe safety fatalities and injuries will continue. Housekeeping doesnt cost anything really does it.
And dont take this the wrong way but companies such as the one you are working for and that of my friends cherish people like you and him and his brother.
The quiet ones who just want to make an honest living and return home safely at the end of the day.
Sorry for the abrupt response but I nearly lost my Dad to a worklace incident many years ago. The only differnce back then was the legislation was not in place to protect him, nor was safe systems of work or risk assessments.
In todays society there is no excuse
Consider this. You may not be so lucky next time.
Good luck and all the best
GM
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Posted By MT
Good advice there from Gary and I agree with him. Unfortunately by allowing the accident to go unreported and by not attempting to claim money to compensate you, you are in effect colluding with this employer and condoning their poor attitude to something as simple as good housekeeping and site management. So long as people such as yourself refuse to complain, then poor conditions and a high accident rate in the construction industry will prevail.
I know that you may feel that you are making trouble and that you also feel that you might need a job from this employer in future, but are you really prepared to work for the sort of company which has H&S so low down on its agenda? I would be very concerned that tripping hazards are only the tip of the iceberg, and that next time, it may not be something quite so "minor". You have a right to work in a safe environment and to return home safe and healthy at the end of the day, meanwhile your employer has no right to threaten you with dismissal if you fail to return to work injured.
I would go and speak to the principal contractor and discuss the RIDDOR report which should have been submitted by your employer, and make the PC aware that it hasn't been done. He may want to think twice about using this particular contractor again. If he's unconcerned, that will tell you a lot about the company's attitude towards H&S and you'd be best not working for them again.
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Posted By Simon Lee Brown
Thanks again for all who responded, it is very much appreciated.
I will give my employer and the site PC the opportunity to be fair with me before deciding on the action to take.
On a positive note, this accident has brought home to me the full consequences of having an accident at work. I am determined that nobody should be injured at work and have to go through what I have experienced. So, I will make the most of my time off to search for a job in Health and Safety.
I have the Nebosh General certificate and my background is construction, so if anyone can give me tips on how to get a foothold in H&S it would be much appreciated.
Many thanks
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