hmmm... nice one

it no doubt would rely on the circumstances and whether it was done to you or by yourself through your own inaction etc,
as an employee it shouldn't make a difference although technically it is your own possible advice which wasn't suitable enough to prevent the occurance in the first place, so as you suggest, it is a case of possibly your own fault!
any H&S lawyers out there !

Depends how it occurred.

If you had allowed an unsafe practice, operated some equipment you were not trained to use, undertook an operation outside the operating instructions/risk assessment and you are the H&S manager/adviser and you had an awareness of these issues I do not think you would have much of a hope. However if you were injured by someone (vicarious liability) or an activity you had assessed as unsafe, but it was allowed to go ahead despite your advice and instructions (maybe another manager felt working to the RA was too long winded and allowed an unsafe operation) then your chances would be much improved I would suggest.

But saying that the world of claims is getting weirder by the day and I have to say there seems to be no rhyme or reason which ones get through and which ones dont these days. Our claims inspector and I have some really off the wall discussions these days!!! (Please note I am not being altogether serious here - as I know there are some claims people who respond on these forums!!!)

You haven't though have you? Not one of these situations where 'a friend of mines brother has asked....?'

Smurf

I assume you mean because you are a h&s person? It would be irrelevant in the event that you should seek redress through a personal injury claim. Indeed, for the purpose of a claim you are merely an employee. Assuming the employer has ELI any successful claim would be paid for via the insurance policy including costs.

In regards to a claim for breach of statutory duty/negligence. The latter would be all the more interesting given your job status, but should not hinder a successful claim. However, contributory negligence could apply, then again, anyone is liable to a reduced claim through contributory negligence, regardless of their status.

Anything we should know about? Just kidding.

Ray

The riddicule from your colleagues would lessen the pain of injury - trust me!

At the basic level if your employer had a legal duty and failed in its legal duty to you which caused you to suffer loss - then you have an answerable claim.

Consider this however - could it be argued (hypothetically) that they had failed to seek competent h&s advice if it was negligence on your own behalf (not you smurf)? If so can you argue that was their failing and thus avoid contributory negligence?

Q. As I’m my employer should I be suing me? Answers on a postcard Tab :-)

I'm wondering if it would open up the issue of the claimant being unfit for the job they were employed to do (not suggesting you are, Smurf).

Would the negligence/liability be greater on the part of the employer if they employed a H&S Officer who was patently unfit or unqualified for such a role, and the said H&S Officer suffered an accident because of failing to give advice which they would not have been qualified to give, of had no knowledge of?

Imagine the H&S Officer standing up in court and admitting that "Yes, I'm the H&S Officer, but to be honest I don't have slightest idea about what it is I'm supposed to be doing"

There is of course no way on earth that I'm about to ask my employers this, as I know the response.

Jane,

Ditto, i turned up for a meeting in plaster (Broken wrist, also sport injury) and my group HSE manager was also in plaster. broken leg (ankle, garden injury). what a shining example we set that day.

cheers

Are Sports Injuries a particular hazard for H&S Officers?

I became the H&S Officer for my current employers in February 2007, before March started I had broken both my toe and my thumb (in the same game of 5-a-side). Prior to this, I had never had a serious sports injury.

Will this need to be the next HSE Directive? All persons holding a NEBOSH Nat Cert or higher are forbidden from undertaking any kind of sports activity.

Aardvark - I've seen this discussion come up before and it seems that H&S Professionals have a pathological need to take part in adventurous activities!

I myself regularly run, play squash and kayak...

... though I'm currently out with sciatic nerve pain for a few weeks.

To put the original question into a real life situation.

I was aware of a case many years ago where a Safety Advisor did make a claim for an injury suffered at work. His claim was brought under the Employer’s Liability (Defective Equipment) Act 1969.

He was successful in his claim

He continued to work for the same employer for a number of years following his successful claim.

Smurf: you asked: ...if I was injured in accident at work, would my position effect my ability to make an injury claim?

I would suggest (as so often on these forums) it depends...

If you are flat on your back underneath twenty tons of raw material, it will very definitely affect your ability to make a claim... (Although your estate representatives may make a claim on behalf of your widow and / or children and other dependents...).

Sorry, I'll get my coat...

Steve