lynchy:
From what you’ve said mate,shouldn’t have been moving machine with roll cage down,no way is bloke correct saying it’s ok to move machine without being sat on seat,seatbelt on,company’s love the ‘trained,authorised,competant’ get out,hence the proliferation of ‘tickets’ these days,if you haven’t been trained,their in the wrong,to start with,but…by going ahead n moving it,seems to me it all comes down on you being in the wrong?
yep yep and yep my error i should have said no gone back to base. but lack of training, pressure from senior managers to get item. would i have a case for loss of earnings?
lynchy:
From what you’ve said mate,shouldn’t have been moving machine with roll cage down,no way is bloke correct saying it’s ok to move machine without being sat on seat,seatbelt on,company’s love the ‘trained,authorised,competant’ get out,hence the proliferation of ‘tickets’ these days,if you haven’t been trained,their in the wrong,to start with,but…by going ahead n moving it,seems to me it all comes down on you being in the wrong?
yep yep and yep my error i should have said no gone back to base. but lack of training, pressure from senior managers to get item. would i have a case for loss of earnings?
Not in the slightest have you got a claim m8, you will get told you should not have moved it. Your company will back track on you and stab you in the back to protect their insurance. Guarantee it.
Excalibus:
was at work, still love job, need to point out nobody has had formal traing for any of the plant machinery we deliver or collect they hire on having the old grandfather licince
Pretty much a guaranteed win if that is the case. All your solicitors have to do is ask for proof of training or risk assessments. In the absence of any its an open and shut case in your favour.
And people wonder why we have this excessive health and safety culture. It’s not for worker benefit, it’s to cover the companies backsides in the event of something going wrong.
but most compaines i worked with in the past have a training record where you sign to say that you passed that training point too, this company has none of that showed me only how to drive plant machinery on or off vehicle, thats it. no signing of documents or training books?
we got a young chap just past his car licince driving 26 tonne excuvators round the yard…, hes has no training at all.
his past job was selling ice cream
we call him 99, or some now calling him thursh as he anoys them
Captain Caveman 76:
And people wonder why we have this excessive health and safety culture. It’s not for worker benefit, it’s to cover the companies backsides in the event of something going wrong.
Certainly not about safety, its all about insurance and claims.
lynchy:
From what you’ve said mate,shouldn’t have been moving machine with roll cage down,no way is bloke correct saying it’s ok to move machine without being sat on seat,seatbelt on,company’s love the ‘trained,authorised,competant’ get out,hence the proliferation of ‘tickets’ these days,if you haven’t been trained,their in the wrong,to start with,but…by going ahead n moving it,seems to me it all comes down on you being in the wrong?
yep yep and yep my error i should have said no gone back to base. but lack of training, pressure from senior managers to get item. would i have a case for loss of earnings?
Best thing to do would be try n get free half hour interview with ‘normal’ solicitor,had accident myself,serious,got paperwork backing up firm/clients fault n I’m still wary of claiming,imho injury lawyers are only in it for one person ,themselves,firm I’m on with have ‘,persuaded’ people to work on light duties rather than report a riddor,I made them,did your accident go in book?problem I see is when you explain how accident happens you’re dropping yourself in it,which the firm will love,all the best for full recovery
Excalibus:
but most compaines i worked with in the past have a training record where you sign to say that you passed that training point too, this company has none of that showed me only how to drive plant machinery on or off vehicle, thats it. no signing of documents or training books?
we got a young chap just past his car licince driving 26 tonne excuvators round the yard…, hes has no training at all.
his past job was selling ice cream
we call him 99, or some now calling him thursh as he anoys them
Then you have a case if that is correct what your saying.
Excalibus:
but most compaines i worked with in the past have a training record where you sign to say that you passed that training point too, this company has none of that showed me only how to drive plant machinery on or off vehicle, thats it. no signing of documents or training books?
we got a young chap just past his car licince driving 26 tonne excuvators round the yard…, hes has no training at all.
his past job was selling ice cream
we call him 99, or some now calling him thursh as he anoys them
So you have been trained. You will have a record showing you’ve been trained to drive these things on and off the lorry.
Anything else is NOT your job. Doorstep delivery. You acted outside your remit and are therefore, basically, ■■■■■■.
UKtramp:
Have you signed any document to say you have received training?
No, Im normally very safe I worked agency for John Lewis and you do a risk assment on site where ever you are, I did this time too my own personal log told them called office on phone they said we need that asset back today do what you can.
UKtramp:
Have you signed any document to say you have received training?
No, Im normally very safe I worked agency for John Lewis and you do a risk assment on site where ever you are, I did this time too my own personal log told them called office on phone they said we need that asset back today do what you can.
Say no?
Best case you win and get some loss of earnings and compensation.
Worst case you’re sacked for gross misconduct (doing a task your not trained for) and possibly even sued for cost incurred for any damage you did
But they didn’t tell you to drive it yourself I am assuming? They could easily say they expected you to find someone to drive it out. I am 99% certain you will have no claim but it may be worth your while trying an ambulance chasing type no win no fee but doubt they will take it further than a letter. You could actually end up receiving a written warning over it. I went through two years of this and it wasn’t my fault, I know how these things work after my experience.
I doubt they would do that, but was told when i got back after i had to do an work accicdent report to go to hospital. drove in my own car to frimly park hospital, got there at 5.30pm didnt leave till 10.30 pm, but whilst there someone said that if i had done the company accicent report, then i should still be paid? I have to go to the fructure section on the 24th for new xray and cast
I spent 6 months off work and 2 months physio and all for trying to get the job done at the request of the TM, they then pulled out every risk assessment the company had and all of my training records, regardless of them asking me to do the job I broke the RA that covered this activity. The only thing you have going for you is the fact it sounds like you have no RA signed.
Injury at work, is not sickness … you are entitled to pay under Industrial accident. No empathy for a person if they claim to have broken wrist and still drive a truck back.
UKtramp:
I spent 6 months off work and 2 months physio and all for trying to get the job done at the request of the TM, they then pulled out every risk assessment the company had and all of my training records, regardless of them asking me to do the job I broke the RA that covered this activity. The only thing you have going for you is the fact it sounds like you have no RA signed.
They can pull out what they like, if they have sent you to a job you either say I’m sorry I haven’t been trained or the official RA hasn’t been done or crack on if told … either way the company are liable.
Give your solicitor a call, forget about the ambulance chasers for now, ask if they have a work place related personal injury specialist, if not they will recommend one locally. Ask for a free initial consultation, get the facts in order before you go, what training you had, what if anything you signed, what relevant previous experience you had, and take their advice. They may say forget it, they may say 100% no problem, but most likely it will be somewhere in between. Usually they will advise you if it’s worth perusing or they may suggest that an ambulance chaser might give it a go, but it’s not for them, that means a slim chance, anyway you’ll have expert advice and can make a decision on how to proceed.
As usual the majority of advice is man in the pub ignorance, you do indeed have rights and very likely a solid claim, as others have suggested go and see a specialist solicitor, personally I would avoid the no win no fee lot that advertise all over, you should find a local firm that will do the same and will always get a 1/2 free consultation, log and record everything whilst it is still fresh in your memory. Good luck.
