Accident at work

[steviealex]

Hi
I had an accident at work last November. I went to assist a colleague who was struggling to push empty Yorks on to the back of a lorry, up a slight inclined ramp. I thought he was in danger of the Yorks falling back onto him as his body was practically at a 45 degree angle whilst pushing up the slope and the Yorks appeared to be getting stuck on a part of the ramp with the back wheels lifting off of the ground. As I stepped onto the ramp my foot slipped and I fell to the floor. Ambulance called but was deemed as not life threatening so after some considerable time my colleagues pulled me on some mail sacks and put me in the back of a van to take me to hospital. Long story short, badly broken ankle, badly damaged rotator cuff and dislocated bicep. 2 ops later and 1 more potentially ( hospital ignored my shoulder for weeks until partner contacted PALS - and now shoulder may never be properly fixable because left so long ) 10 months off work - due back on light duties next week even though not fully fit but can’t afford to be on half pay!
Royal Mail deemed it my fault, even though I have since discovered (off my own investigating) that my colleague was pushing more than the safety procedures state as mandatory, and continued to do so after the event. Nothing been said to him as far as I’m aware and a potentially another accident waiting to happen. How can someone breaking a mandatory ssow be my fault?
How do I proceed? No win no fee don’t seem interested and it seems even though my manager could have approved full pay for the period after 6 months, he pushed it up to the regional manager who dismissed it instantly.
This has caused huge stress and upset to me and my family . any suggestions greatly received, thank you.

[2chorizon]

Hi
I had an accident at work last November. I went to assist a colleague who was struggling to push empty Yorks on to the back of a lorry, up a slight inclined ramp. I thought he was in danger of the Yorks falling back onto him as his body was practically at a 45 degree angle whilst pushing up the slope and the Yorks appeared to be getting stuck on a part of the ramp with the back wheels lifting off of the ground. As I stepped onto the ramp my foot slipped and I fell to the floor. Ambulance called but was deemed as not life threatening so after some considerable time my colleagues pulled me on some mail sacks and put me in the back of a van to take me to hospital. Long story short, badly broken ankle, badly damaged rotator cuff and dislocated bicep. 2 ops later and 1 more potentially ( hospital ignored my shoulder for weeks until partner contacted PALS - and now shoulder may never be properly fixable because left so long ) 10 months off work - due back on light duties next week even though not fully fit but can’t afford to be on half pay!
Royal Mail deemed it my fault, even though I have since discovered (off my own investigating) that my colleague was pushing more than the safety procedures state as mandatory, and continued to do so after the event. Nothing been said to him as far as I’m aware and a potentially another accident waiting to happen. How can someone breaking a mandatory ssow be my fault?
How do I proceed? No win no fee don’t seem interested and it seems even though my manager could have approved full pay for the period after 6 months, he pushed it up to the regional manager who dismissed it instantly.
This has caused huge stress and upset to me and my family . any suggestions greatly received, thank you.

Dock levellers and ramps are a PPE zone, you should have been wearing steel toecap shoes and hi viz minimum.
I suspect you were wearing none of this and probably not authourised to be in that loading area.

You will be able to claim some compo but it will be greatly reduced to reflect your part in the accident.

You will need to be a fee paying union member to go through them and use their legal team, if you are not then you will need to go it alone and appoint your own.

[POSTMAN]

Ask for the investigation paperwork.
And did you register the accident wth the dwp?
Registering an AOD:DWP?

[redlen]

As with any claim for personal injury, you have to prove negligence.
Cannot see how Royal Mail have been negligent through your own actions.

Full pay for 12 months is payable with an accident on duty but your own actions contributed to your injury/absence.

The loading/unloading Yorks on/off a lorry is the sole responsibility of the driver unless you have been specifically trained with loading/unloading Yorks as a SSOW as a duty. You had no authority to even be on the tail lift, especially with no PPE as stated previously.

You are lucky Royal Mail have not gone full disciplinary which can include dismissal as breach of health and safety.