Accident at work

[lilly1]

Four weeks ago I had an accident at work not wearing the correct footwear. I sustained torn muscles and ligament damage to my side and back. Unfortunately my royal mail shoes were wet so I was not wearing the correct footwear. I have a strong suspicion that my boss is going to issue a stage one as a result of this. Please could you tell me where I stand.

[fishtank]

Counting an absence
Each case will need to be treated on its merits. There is no definitive criteria but frequency, pattern and level of absences may be a factor. The manager should ensure there is no underlying reason for the absence, whether additional support is needed and if the absence is disability related under the Equality Act 2010.
In some circumstances the manager may decide that an absence may be considered under the formal attendance process even though that absence relates to an accident at work.
It will only be appropriate to consider the absence if:

• The employee is responsible for the accident at work. For example the accident occurred as a result of their negligence
• The employee repeats an unsafe working practice which results in a further accident at work
• The length of an absence related to an accident at work is deemed to be unreasonable
• The number of absences linked with accidents at work has reached an unacceptable level and the employee has been advised of this in writing
• There is a record that the employee has previously been advised in writing that absences related to accidents at work may be counted

Consideration should be given to seeking advice from the Occupational Health Service. Managers should seek advice from the HR Advice Centre when deciding whether it is appropriate to count the absence.
Where an accident at work has taken place and the absence is being considered as part of the formal attendance process, before inviting the employee to an attendance review meeting the manager should review their whole attendance history. This should include an absence printout and any supporting documents held locally or centrally.
If the manager makes the decision to include absence due to an accident at work, they should record their decision with an explanation as to why they are considering the absence.
A copy of their rationale should be shared with the employee in the letter notifying them of the outcome. Paperwork should be kept locally and sent to HR Services Archives for inclusion in the employee’s file.
In situations where there are third party personal injury claims the manager should seek advice from the HR Advice Centre.

In this case it's possible that they may try to count the absence citing the wearing of incorrect footwear but I would expect your rep to argue that this alone does not constitute negligence if...

a) The condition of the footwear was not sub standard.
b) You believed that the footwear was a reasonable substitution for your RM approved footwear.
c) The reason for you wearing non-issue footwear was genuine.
d) The condition/type of footwear did not contribute directly to your accident.

To back this argument up I would cite the fact that new starts are allowed to wear non-issue footwear until such times as they receive RM issue as long as it is deemed fit for purpose.