I have had an accident in work 6 weeks ago and have been off "under the doctor" (!) since it happened. My boss is not a nice person at all and over the recent months - many people have put in either a Grievance Procedure against her or contacted the Bullying At Work ppl. My problem is, that she will not let me fill out an Incident Form nor will she let me fill out an Accident Form (which might be the same thing). I have asked people senior to me (5 of them in all) for an Incident Form but they are too scared to give me one because of this senior boss. I have written to the senior boss and sent it "signed for delivery" but she has just ignored me. In the letter I asked her for the Form or a reason why she would not let me have one. I have made about 20 phone calls to her, but she is always busy or out of the office. My union is involved now and referred me to their solicitors to make a claim at least for loss of wages. The next pay day I will be down to half pay but if the senior boss had let me fill out an Incident Form I would stay on full pay until I am better. By Law, I thought I should have been able to fill out an Incident Form - am I right?
Well I certainly think you should be able to officially document the accident somewhere. With your union's solicitors involved I would think you're in good hands. Hope you're feeling better now though.
Yes most places of work have a basic procedure for logging an accident at work. From a point of sick pay your entitlement will depend on terms of employment length of service ect. From a point of view of a claim against the business seek your solicitors advice. The fact that you did not have the opportunity to fill in the accident log may go in your favour
I thought it had to be put in the accident book or some other document, but now you have the unions solicitors on the case should be straight forward.
Of course it should have been filled in ASAP There pretty standard ,choose one from here and send it them with a covering letter why you hsve to do this. https://www.hse.gov.uk/forms/formsindex.htm
I'm no expert in these things (just an enthusiastic/interested amateur), but I think you could report it directly to the Health & Safety Executive under 'RIDDOR': http://www.hse.gov.uk/riddor/report.htm It might be worth contacting them as well to say what's going on, as it sounds like your boss is acting illegally (your employer has a duty to report any accident/incident that leads to 7 days or more of 'incapacitation'
Under HSE regs ad an employee you have a duty to report accidents that you have been involved in, in case there are future implications. Pass any requests to your union and give them as much detail of your attempt to report the incident. You have tried to comply with your part on HSE its up to your employer to prove they have complied That the advice I have been given as a union rep
If an employee has over 5 days off due to an accident at work the employer has to notify HSE under RIDDOR, this is the law. You could write to your employer detailing the incident coying in the HSE, your union etc. or you could wait until they deduct the pay and claim for illegal deduction of wages. If you are in a Union then a branch official should be talking to your employer about this. Im a former UNISON safety officer and Im now a manager of 50 staff and yep - we have accidents. Our reporting system is second to none and im amazed in this day and age that you have a manager taking this course of action. I assume this is a private firm and the manager is quite senior in the organisation in any case a view could be taken that their action warrants a prosecution. As you probably want to keep your job I would be badgering the union to step in here!!
I was goin to answer this but the advice on HSE, reporting and usin your union and solicitors is spot on. Hope it gets sorted. The manager is an a**e !
A slightly different question - what's your boss's boss like? Are they aware that she behaves in this fashion?
What they said. It's a "Lost Time" accident so has to be reported under RIDDOR (Reporting of Injuries, Diseases or Dangerous Occurences Regulations)
As above and as the union is involved now you should get it sorted pretty soon. Believe it or not you may look back on this injury with a smile in the future as if what you say is true, the HSE will rip the companies policies and procedures to pieces and the senior manager will be held responsible, karma does still exist
What they all said, When I was a boss I HAD to have an accident book which HAD to be filled in if there was an accident. Any accident, no matter how trivial as you can't prdict if a splinter will turn into gangrene and have your leg chopped off! This is going to come back and bite your boss on the arse. You don't have much luck re injuries at work do you!
