Work accident

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Radar

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My son has been working in a shop fulltime for the past couple of months. When he started, he was advised by his employers to get suitable non-slip shoes as, due to the nature of the particular business, the floor was frequently wet. He was allowed to work in the meantime and only recently ordered the shoes, which have not been received yet.

About a week ago, he slipped and fell during his work but, apart from being shaken, was unhurt. A few days later, he slipped again but this time was carrying a container of hot water. He suffered severe burns to his lower right arm and hand. He was treated in hospital and was told that he was badly blistered and would have a bandage for 1 to 2 weeks, requiring a revisit every few days.

The employer has offered to pay the hospital expenses and sick pay for the period he will be out of work, which they believe will be 1 week. Is there any point in my son seeking legal advice for a further claim or would it not be worth it seeing that he didn't get the proper footwear earlier?
 
of course there is, but remember, the decision must be your son's, not yours. it is he who is working with the employer, it is he who was injured, it is he who might have a relationship with the employer that he may not wish to sully. it is he who at the end of the day must give evidence against his employer, not you.


if employer is paying out of pocket expenses, wages etc and injury is not a permenant lasting disfigurement, perhaps you should not push him, but let him make the decision in his own time.
 
Thanks, Ravima. Yes, very valid points indeed but ones that I had already given much thought to. I am not pushing the idea on him - he approached me for advice and, I must admit, the issue of employer relationship was one of the first that came to mind. The decision is his but I would like to know, if he decided to do something, would there be a financial risk involved.
 
Radar said:
Is there any point in my son seeking legal advice for a further claim or would it not be worth it seeing that he didn't get the proper footwear earlier?
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Further claim for what exactly?
 
Leaving aside the issue of a possible claim it certainly seems that the employer should be providing the shoes.

If the area is dangerous to work in without them then:

(1) The employer should provide them
(2) No one should be allowed to work in this area until they have the necessary shoes - akin to a hard hat on a building site.
 
My son has been working in a shop fulltime for the past couple of months. When he started, he was advised by his employers to get suitable non-slip shoes as, due to the nature of the particular business, the floor was frequently wet.

Employers have a duty in tort and under health and safety statute law to provide a safe system of work. This requires the provision of all necessary equipment, at no expense to the employee; failure to provide same will leave employer open to liability under the health safety and welfare at work acts 1989 to 2005. As the floor as you say was frequently wet, there is an ancillary obligation to provide a wet floor sign, so as to avoid all 'reasonably foreseeable' accidents.The fact that your son worked there for only a few months alters the case somewhat.Employees tend to derive rights only after 12 months worth of consecutive employment.Failing the existence of an employer/employee relationship finding, your son may avail of occupiers liability law, although this is generally not extended to employees.The law is grey around this issue.

He was allowed to work in the meantime and only recently ordered the shoes, which have not been received yet.

About a week ago, he slipped and fell during his work but, apart from being shaken, was unhurt. A few days later, he slipped again but this time was carrying a container of hot water. He suffered severe burns to his lower right arm and hand. He was treated in hospital and was told that he was badly blistered and would have a bandage for 1 to 2 weeks, requiring a revisit every few days.

The employer has offered to pay the hospital expenses and sick pay for the period he will be out of work, which they believe will be 1 week. Is there any point in my son seeking legal advice for a further claim or would it not be worth it seeing that he didn't get the proper footwear earlier?
About a week ago, he slipped and fell during his work but, apart from being shaken, was unhurt. A few days later, he slipped again but this time was carrying a container of hot water. He suffered severe burns to his lower right arm and hand. He was treated in hospital and was told that he was badly blistered and would have a bandage for 1 to 2 weeks, requiring a revisit every few days.

The employer has offered to pay the hospital expenses and sick pay for the period he will be out of work, which they believe will be 1 week. Is there any point in my son seeking legal advice for a further claim or would it not be worth it seeing that he didn't get the proper footwear earlier?

You should most definitely seek legal advice. Make sure and keep copies of all photographic evidence of your son's injuries.Make him write a detailed, definitive account of the incidences including what shoes he was wearing, the area, people who witnessed the accident. You need to refer this matter to your solicitor immediately so that they may obtain an engineers report and medical reports. It will be referred to the Personal Injuries Assessment Board, if they make an offer you're not obliged to accept it but should you pursue the claim at Circuit Court level and obtain an award either equal or less than what PIAB offered then you will be liable for costs, which could be very expensive. medical reports of that nature tend to be in realms of 300 euro, engineers reports equally so. hope I helped.
 
Radar said:
The employer has offered to pay the hospital expenses and sick pay for the period he will be out of work, which they believe will be 1 week.
Click to expand...

Is that not enough? I'll be flamed for this by the ambulance chasers, but if your son is only going to be out of work for a week it doesn't sound like the injury is serious. ....so is it really necessary to seek compo?

I know, I know, Section B26, Clause 4, Sub Clause 62 says the employer should have bought the footwear....but honestly, this compo-chasing lark makes me vomit. And we wonder why the cost of every form of insurance in Ireland has gone through the roof?

Just tell him to go out and buy the right shoes and get on with his job.

Flame away. :)
 
savagery said:
You should most definitely seek legal advice. Make sure and keep copies of all photographic evidence of your son's injuries.Make him write a detailed, definitive account of the incidences including what shoes he was wearing, the area, people who witnessed the accident. You need to refer this matter to your solicitor immediately so that they may obtain an engineers report and medical reports. It will be referred to the Personal Injuries Assessment Board, if they make an offer you're not obliged to accept it but should you pursue the claim at Circuit Court level and obtain an award either equal or less than what PIAB offered then you will be liable for costs, which could be very expensive. medical reports of that nature tend to be in realms of 300 euro, engineers reports equally so. hope I helped.
Click to expand...

Sweet This post will be deleted if not edited immediately. :rolleyes:
 
Given that the original poster asked the question in October 2005, I suspect the matter has long since been decided one way or the other.......
 
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