Accident in the workplace.?

Question

I had an accident at work over a month ago which resulted in putting my back out and being off work for a month. A length of time they were not happy with.

While off I never signed the accident book and the information was put in via HR. I went for a return to work interview after being told I could go back to work, at which time my contract (as I was on probation) was terminated. I still wasn't given the chance to sign the book.

I have tried to get in touch with my previous employer regarding signing it, but they haven't returned my calls. Do I have to sign it in order to make a claim even if it is a few years down the line. Or will what HR put in the book be enough.

I am quite confused on how it all works.

Thanks

Answer 1

I assume you are in the UK.

First, bear in mind that because you have had an accident at work, it does not mean you have a sustainable personal injury claim. It just mean you've had an accident at work.

second, the signature in the accident book is rather a red herring. If the accident resulted in you being off work for more than three days it is a notifiable accident and your employer would be obliged to complete what is known as a RIDDOR form and send it to the HSE.
If you are anxious to report the accident nonetheless, simply to have it recorded there was one; write a letter (sent by recorded delivery) saying, 'this is what happened; I have tried to note it in the accident book but have not been allowed to do so. Please confirm it has been recorded'.
That's all you need do (oh - keep a copy, naturally).

If you think you may have a claim (bear in mind it will be a very small claim in light of the relatively minor injury) go and see a solicitor. Tell him/her what happened and they'll tell you if you have a claim.

Don't assume you have a viable claim unless someone who is legally qualified confirms it. Advice on your chances from your mates is worth exactly what you're paying for it - nothing.


EDIT:
Felix's answer above is helpful but unfortunately incorrect in one respect. The employer is under no legal obligation to inform you why your contract is being terminated during a probation period. If someone tells you they have such a legal obligation, ask them for the statute and section which says that. (There isn't one).

Answer 2

Did you go to a doctor for treatment while off from work?

The doctor's medical reporting is valid evidence that you suffered injury, and your statements to the doctor show your state of mind during that time.

Even though you did not sign the accident book, the accident is probably documented. Once you hire a workers comp attorney, he will subpoena your personnel file, as well as any other records pertaining to your accident.

You can always write a letter to your former employer, apprising them that although you had an accident at work, as they should know, you were not allowed the opportunity to sign the book. You might want to enclose a medical report.

Good luck!

Answer 3

to start with it depends what country you had the accident in - UK or Canada ?
If it is UK, I can help.
because you had time off work, the HR leave records & payment records will prove that you had time off work. the doctors or hospital report will prove that you suffered an injury.
you only have 3 years in which to lodge a claim for a personal injury at work [unless mitigating circumstances].
you could go to industrial tribunal to claim for constructive dismissal, but then again if you have a manual job [i.e. lifting] they will be able to claim they have dismissed you on grounds for your health. [once you have a bad back - you will always have a bad back]
during your return to work interview they also had to [by law] inform you as to why your contract was terminated. they cannot [again by law] terminate because of an accident without trying to find you alternate work within the compnay first [and it doesnt matter if you are on probation or not]

Answer 4

My first suggestion is that you contact an attorney, and get a case file started. Let him deal with your former employer, and possibly get some sort of a settlement. My second suggestion is don't talk to anyone, except your attorney, about what happened, either with the accident, or about the company. Any statements that you make, may come back to haunt you should you go to court. Most especially do not speak with anyone from the company. Tell them to speak with your attorney.

Answer 5

sounds like the company doesn't wana put on recorded - which they breaking the law. every accident has to be reported in the workplace. sound like they don't wana their insurance to know cause it will go up. Look into in more. And go to the labour relations. And ask questions. assk about being hurt at work. But ask about the probation period. ( 3 months)

Answer 6

if you dont tell them or sing the book
girl you dont stand a chance in hell of getting any comp from them
+ they will make ones life hell its up 2u but make sure u sign the book as thats is a must as the copm u work 4 is breaking the law

Answer 7

i take it you went to accident and emergency right after it happened? they'll have the record of your accident and how it happened. obtain it then see a solicitor. also see if any of your former collegues will testify that they seen it happen or were present when it happened. in other words screw your employers for everything you can get.

Answer 8

Looks like your in the works for a big settlement.

Answer 9

I guess in this scenario you should contact an attorney as they will guide you in a proper manner about your case.