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Posted By David Martin
I recently heard of a case where an injured person was refused transport to hospital by her company following a work injury. She was left to make her own arrangements. Is this a common way of doing things? Does anyone know of any related case law or legal references?
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Posted By Stuart Nagle
David.
Without knowing all the facets of this incident it's almost impossible to give an astute respose, however, it may well be for a number of reasons, such as;
1) the injury was such that an ambulance was actually required along with specialist (paramedic) attention.
2) there may not have been transport available
3) The company was not isured to act as an 'ad-hoc' ambulabnce service
4) the injured party was unable to be taken in a vehicle avauilable (e.g. not enough room to accomodate comfortable position of injured party
5) It was not 'reasonably practicable' at the time to allow other staff to leave the workplace to transport the person to hospital.
I would suggest, outside the role of 'good samaritan' all the above are reasonablt excuses given any particular set of circumstances !!
Stuart Nagle
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Rank: Guest
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Posted By Ken Taylor
There are two issues here:
1. Being refused transport to the hospital by the employer.
All Stuart's list of reasons may apply and there is no legal duty for the employer to undertake this role. Whilst the well-meaning and sometimes life-saving response of the employer or colleague in this way is generally to be applauded. It remains the normal and proper practice for persons to be conveyed to hospital in emergency situations by ambulance with trained and competent supervision and attention.
2. Leaving the injured employee to make their own arrangements for transport.
If the first-aid response identified a need for emergency conveyance to hospital, the employer, being in control of the workplace, should have called for an ambulance or arranged for one to be called.
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Posted By Merv Newman
I do know of some uk companies who have a written policy - the company will not supply transport to take an injured person to be treated, nor is any employee allowed to do so. This has been explained to me as "an insurance problem".
In other circumstances, I have witnessed a private car being driven on to the shop floor to collect someone who had shot himself in the thigh with a nail gun.
some do, some don't
Merv Newman
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