Accident at work - Advice required

[loolabelle80]

Hi,
This is the first time i've posted on here and need some advice.
My DH is an electrician and had a nasty accident at work last week resulting in him needing dental work amounting to £2800.( i know, we were shocked too) He has lost two teeth and burst open his lip requiring 50 stitches.The accident was neither his fault nor his employers, a drill backfired due to hitting a bit metal and caught him in the face. Just one of those things in his line of work his boss said.
His boss is adamant that his insurance wont pay, but i thought due to the accident taking place at work, using work equipment etc that he would have some sort of accident insurance that would cover him?
Thank you

[TheBlonde]

link with some info

[cece]

I do know that this should be recorded in an acciendent book of some sort. So there is evidence of it if it goes to court.

[loolabelle80]

Thanks both of you.I meant to say he works for a small company, only 4 employees. They dont have an accident book. We're just not sure what to do as everything i look at on the internet goes on about claiming due to it being employers fault, which it wasnt.

[Iklboo]

They've GOT to have an accident book haven't they? Think it might be a legal requirement? And surely employer has employer liability insurance? They could be breaking loads of employment laws here

[loolabelle80]

I know, he doesnt even get a payslip. I have told him time and again to request these.DH boss states that it would have to have been a fault with the drill to claim on liability insurance or that my DH wasnt shown how to use drill properly. I dont think its right, the addident happened at work, during work hours using work equipment, i cant understand why his boss says his insurance wont cover.
Feel like ringing him myself!

[flowerybeanbag]

My knowledge of H&S is limited but have you seen this HSE guide to workers' rights and responsibilities and this HSE guide to what employers must do?

Consider having a chat with the CAB??

[flowerybeanbag]

HSE have an infoline you could ring?

[Iklboo]

No payslip is definitely illegal. He has a right to know what deductions are being made and that his tax & NI are being paid. His employer could have registered them all as self-employed contractors to avoid paying tax & NI and YOUR DH will end up in lots of trouble with HMCR.
Does your husband go to work in chaps carrying a lasso & sitting on a horse cos the outfit definitely seems cowboy to me!

[loolabelle80]

Thanks, i'll give them a ring. Can see this is going to drag on if his boss is being like this. We live in a small village too and DH doesnt want to make a big deal about it as his boss has been known to be a complete ars*.

Does anyone know if this is the kind of thing you can claim on our home insurance (the dental bill?)

[loolabelle80]

Iklboo,
He is registered for tax and NI as we eventually did get a P60 for claiming tax credits for our newborn. Took a while to get it though and he had to ask on numerous occasions. Cos its a small company he thinks he can just play by his own rules me thinks. (Dont even ask about the paternity pay DH got paid,£100 a week, not even statutory minimum)

[littlepinkpixie]

Do you have legal cover with your home insurance? if so they might be able to advise you about the prospects of making a claim against the employer.

[Lauriefairycake]

Forget the words the "employers fault", it's the responsibility of the employers insurance to pay out as the accident happened at work. Just because accidents regularly happen doesn't mean that you're not covered for insurance.

For example: I have two friends that live next door to each other , a slate fell off a roof and knocked out the neighbour causing concussion, stitches, pain and suffering.

They are best friends so one friend says:

"I can't possibly sue you, you're by best mate"

second friend: "Don't be so farkin' stupid I have householders insurance and you've had to take a week off work!"

It's NOT PERSONAL, it's a responsibility!

[samueljbookworm]

Al I would say is, I'm glad for you all it wasn't worse (it was obviously bad enough). What would his employer have done then??? An Accident Book is a legal requirement, sounds like these muppets are seriously taking the piss all round. Contact the HSE double quick, arm yourself with info and get these guys taken to task. This sort of b***ks makes me so angry!! I work in the construction industry and all people do is moan about the measures they have to provide to protect their staff. Well this is exactly why.

You can tell I work with H&S people can't you!!

[HappyMummyOfOne]

For you to pursue a claim against the companies EL policy, you'll have to prove negligence on behalf of the company. If you can do that, then ask for the insurance policy details so that you can make contact with regards to a claim.

"it's the responsibility of the employers insurance to pay out as the accident happened at work2 - not true unfortunately. Claims are only valid where negligence is proved - some things are just accidents where nobody is to blame.

[loolabelle80]

Thanks for all your help, looks like we may just have to pay it ourselves

[Lauriefairycake]

"claims are only valid where negligence is proved" - well, yes, but the burden of proof is light.

In high winds you can't expect all slates to always stay on a roof, some will blow off even if roof is recently replaced/well maintained.

So in this case i think the burden of proof is light, for example (and I have no idea if this is even possible) the employer could have provided equipment to view through the wall - you know, like when they radio for the presence of pipes, or if the drill was not well maintained (didn't carry an up-to-date safety certificate) or something. With an employer who doesn't have an accident book I would be surprised if everything was not-perfectly maintained

Also another thing to look at would be if the employer carries insurance at all, I would certainly be asking to see this policy and would be contacting the insurers for an opinion - surely all builders carry accident insurance for their employees? And if not and he was aware of that then you need personal insurance (like accident/sickness/critical illness etc)

At some point someone (including him) has to obtain insurance so that you are covered if this happens again

[flowerybeanbag]

loola I would make sure you give the HSE a ring and get some advice before forking out yourselves, for all the reasons lauriefairycake points out.

[loolabelle80]

Im ringing them tomorrow, I really dont think we should have to pay for this. Will ask DH to make sure he sees insurane details and will get him to look for a new job asap.

Thanks again ladies

[Scramble]

Just been studying this.

The test for liability is

Did they have a duty of care (Yes under the occupiers liability act 1957 and the Health and Safety etc act 1974)

Did they breach that duty ( Was their any systems in place to check for metal where they were drilli for example, was the drill fir for purpose?)

Did the accident cause a loss (Yes that would seem straightforward)

Was it reasonably forseable/ not to distant (Thats where not being an expert in drilling walls means I don't know)

There is no other relevent defence. (?)

Common Law requires an employer to provide a safe place of work, safe systems of work and proper supervison.

I think the questions here are...
Was it reasonably forseable?
Was there anyway of preventing it?
Was the employer negligent?

There are a few differences on employers with only a few employees for some things but they should still have employee insurance and public liability insurance.

[NorthernLurker]

Did he have to have time off work? It's RIDDOR reportable if you have to have more than three days off I think - or if you lose a limb or what not - thankfully not the case here. Can't remember exactly - I'm on maternity leave!

[TheBlonde]

riddor
I had forgotten all about riddor (been not working for 3 years)

[NorthernLurker]

It is three days - good - brain not totally mush then!