should i claim

[sainted]

in december last year i had an accident at work in which i lost the middle finger of my right hand i was using a machine with out the guard in place since then i am at physio every week should i be making a claim against the company

[RATTER15]

Well that depends, did you use it knowing that the guard was not in place, was it you duty to ensure the guard was in place?

I'm sure you could make a claim, anybody can sue a company these days.

Like the drunk who fell off the bar stool and then sued the landlord for selling him the beer and not sitting him in an appropriate seat.

The woman who purchased hot chocolate from McDonalds, then dropped the cup in her lap and sued McDonalds because it burned her!!

Not having a go at you sainted, check it out with those solicitors that are always advertising on the telly.

[Grunty]

You can make a claim within three years if the company, or someone else other than you, was negligent. For example, the first thing a solicitor would want to know is why the guard was not in place. Did the company allow you to operate the machine in that way, or did you remove the guard for some reason. You really need to get advice from a solicitor, and take with you any details you have of the machine and the names of any witnesses. A witness will include anyone who can confirm that the machine was allowed to be run without the guard, whether or not they saw the incident.

[dot.hawkes]

i can't sue anybody because i dropped the shelf on my toes and broke three of them whilst at work, even though it was not my fault because a customer behind me screamed when a bolt of lightening struck outside the front shop door and startled me and made me drop the glass shelf. I probably have an injury that will never heal properly and it is depressing as i sell posh shoes and may always have problems buying the gorgeous ones that look fabulous, but there you go eh?

[Mrs_Pegasus]

I have recently been looking at war pensions (not for myself I hasten to add!) but there are certain criteria where a pension would automatically be awarded. One of those is the loss of a digit. What I am trying to demonstrate is that the actual loss of a part of the body will change your life and how you do things. So I dont think its a case of going to a claim solicitor at the moment. I would ask the company for the details of its insurance company and ask how to go about making a claim. It annoys me so much that your employers havent already advised you to do this.

Can I ask? Were you trained on the machine? Did you sign to say you had read the risk assessment for the machine?

[sainted]

no i was not trained on the machine and i knew the guard was not in place but it was common practise even the boss used it in this way at this stage i am thinking i can't claim i was in the wrong to use it like that but at the time i never thought anything of it thtas why i asked the q in the first place. It's a small company and i ws not sure if the ins and outs of even who to speak to about this

[sainted]

and the machine is now used all the time with the guard in place although not by me :(

[Oneeyedvic]

Was the accident reported in the "Accident Book" and are there any other written records (eg when I was driving a forklift truck, we had to sign a form daily to say that we had performed checks and that everything was okay) - since it is almost a year ago, proving the employer was at fault may be a problem.

[sainted]

as far as i am know there is no accident book

[RATTER15]

I think you have a good case Sainted, go to a solicitor.

[Kim A]

You should also contact the Health and Safety Executive. Accidents which happen in the workplace, particularly those of a serious nature, leading to disfigurement or death, are required by law to be reported to the HSE, and a record should be kept by the company you work for. If, in common practice, you were using a machine provided unguarded by your company, you are partly to blame, but where a machine is provided with guarding, the guarding must be fitted and used. Furthermore, you should have been fully trained in the use of the machine by a competent person before using it yourself, and have signed something to say you had been trained. Ask your employer for his accident book and make sure you put an entry into it, with witnesses, dates, times etc, plus keep a record of any treatment you have had, or continue to have. Your employer is required by legislation to keep an accident book and to inform the HSE when this type of accident occurs. This is a serious breach of Health and Safety legislation and you must report it. Your Trade Union may also be able to help you.

[JanineG]

I specialise in Personal Injury claims and I would suggest that you defiitely seek some advice from a Solicitor. They will probably offer a free first interview in any event and when they are in receipt of all the relevant information, they'll be able to give you proper advice about whether it is viable for you to make a claim or not. The employer is under a common law and statutory duty to ensure that you are safe in carrying out your work, and by law, will also have to carry adequate Employer's Liability Insurance - so don't worry about costing the firm any money - they'll be insured! Good luck with your claim !

[sainted]

thanks janineg iwas worried as it is a small company