Accident at work help pls

[HelsBels]

Hi, I had an accident at work Monday evening, a customer sent in a york of tracked and one of the bags were over weight, I always follow ssow, however I have pulled my back. I was off work Tuesday, line manager came to see me at home Tuesday evening and persuaded me to come in the Wednesday, only for and hour to fill out the erica, and then for the next however how long it takes only work an hour or 2 a day on light duties.

A friend of mine says it sounds like they were trying to avoid reporting it to the hse as if I'd had been off 3 days or more they would have to for the hse to come and do their own risk assessment, also the Wednesday lunchtime before I'm due to go in to work I get a huge bouquet of flowers sent to my home, card just says from all your colleagues at the mail centre, was a bit shocked as to y I got them.

Basically I'm not sure if I have done the right thing, as I couldn't move on the Tuesday I rang my doctors who advised to take co codemal as the ibuprofen didn't work and to take it easy.
I struggled to go in on the Wednesday and again so today.
Not sleeping well due to pain and the muscle spasms :-(
What are your views????

The company in question got phoned to be told about the over weight bag and that a staff member had injured them selves, to which the company had apologised apparently

[andy2007]

The good news, is that if you filled in an Erica, it's officially classed as an AOD. The bad news, is that, yes. They've avoided it being classed as serious, because you weren't off work for 3 or more days. Also, as you went back to work, and then went back on sick leave. It's classed as a seperate absence.

You need to get the accident registered with the DSS ASAP, for your own protection. It won't mean that you'd be claiming anything, because you're getting sick pay. But it WILL mean that it'll be registered as an Industrial Injury. Which will give you some protection (but sadly not much) from RM's attempts to play down the accident.

Unless you've previously gone on the sick in the last 12 months, it won't matter that you're on a second absence. Because you'll no doubt need to be off for more than 2 weeks anyway, so it will still trigger the same Stage. I know that they shouldn't give you a Stage Warning for an AOD, but they will do that. But unless you're already on a Stage 2, it's nothing to be worried about.

It never ceases to amaze me, the depths that RM Management will sink to, when it comes to dealing with genuinely ill or injured Posties!

[HelsBels]

How would I register it with the dss?

Is it worth me speaking to Simpson miller?

[uphillstruggle]

It's worth checking that this was recorded as a RIDDOR (notified to HSE)

Clearly, because you weren't off sick for three or more days, it may not have been reported automatically as a result of your absence, but strictly speaking the HSE should be notified because you weren't capable of performing your full, normal duties for three days.
This is the trigger point for the HSE, and it's very easy to not report an accident because you are on some form of rehab/light duties etc rather than on sick leave.

[demon]

dont go in go to doctors tell them to come see you with forms at home fill them out there then tell them you will not be back for a few weeks then you will start back at 2 hours aday for a good few weeks as you must get your back better first

[HelsBels]

Have reported it to the HSE and have got an incident number, have also spoken to my union branch for further advice, he said it looks good on my part that I'm trying to go to work, and says done the right thing reporting it to the HSE, I got to ring another guy on Monday and he will send me forms for making a claim against the company that sent the bag in and advise me further on contacting the dss to inform them of the industrial injury.

I'm guessing making a claim he means claiming some £'s for compensation, how much would that be for tho? And how long do I carry on doing the part time light duty hours for?

I only had the one day off for my back, mind u I could hardly move but am not sleeping due to twinges and muscle spasms :-(

Thanks for all your advice

[Himaggen]

You may be able to make a claim for your injury etc. from your employer if you can show that you acted as trained and within guidelines.

It is not however you who would make a claim directly to the third party in this case. If your employer wishes to pursue the third party then that will likely arise out of an investigation into the cause of the hazard.

I'd also like to add that cases and compensation can take a long time to finalise and do not go out and buy anything on the back of an expected payout either.

[HelsBels]

To be honest I'm not bothered about money, I'm more concerned how this will effect my health long term, I'm only 30, and I need my job to pay my mortgage etc

[keithposty]

you need to get your rep to contact your branch and ask to speak to the legal and medical secretary

it amazes me that

P.A.B.S IS NEVER MENTIONED REF INDUSTRIAL INJURY

POSTAL ACCIDENT BENEFIT SCHEME

THIS HAS BEEN SET UP BY ROYAL MAIL BUT NOT ADVERTISED FOR OBVIOUS REASONS

[HelsBels]

you need to get your rep to contact your branch and ask to speak to the legal and medical secretary

it amazes me that

P.A.B.S IS NEVER MENTIONED REF INDUSTRIAL INJURY

POSTAL ACCIDENT BENEFIT SCHEME

THIS HAS BEEN SET UP BY ROYAL MAIL BUT NOT ADVERTISED FOR OBVIOUS REASONS

I have never heard of it and I've been in the job 15 years
So what's that mean/do then?

I spoke to the branch as rep is on hol at mo and the person that deals with this stuff isn't there till Monday morning

[keithposty]

As the notice explains this is an insurance scheme provided by the employer for those 'CWU members' who have been unfortunate enough to suffer long term illness or disability, as a result of an accident at work.

This scheme is provided voluntarily by Royal Mail and claims can only be initiated by the CWU, which is done automatically when a personal injuries claim is submitted through the Legal Services Department. The most important factor is the 'strict' 6 month time limit for the submission of these claims. Members can submit a personal injuries claim after this date providing it is within the 3 year legal time limit, but in doing so they will not qualify for any additional payments that may be available through PABS.





LEGAL NOTICE FOR MEMBERS!!
Concerns have been raised by some members that they are not being informed about Royal Mail’s Personal Accident Benefit Scheme (PABS) following an accident at work.
PABS is a voluntary benefit scheme offered by Royal Mail, which can in some circumstances offer a financial award to staff that have been injured at work. If a member suffers a permanent disability, or long term illness as a result of an industrial injury, notice of assessments issued by the Department for Works and Pensions are used to compensate staff where applicable through the scheme.
Members should be aware that applications through PABS are automatically made when members use the free personal injuries legal service offered by CWU. There is however a very strict ‘6 MONTH’ time limit for this application, unlike the 3 years you have for registering a personal injuries claim. It is therefore recommended that any member wishing to make a personal injury claim following an accident at work does so as soon as possible. Any claims made after 6 months of the incident date cannot be registered with PABS. This does not affect your legal right to make a personal injuries claim within the 3 year time limit.
For further information on this issue, please speak to your local union representative, or contact the Branch Office directly.

[puff]

as far as i know if you do not say royal mail is responsible for your accident you will not be able to make a claim from them and your union solicitor will not handle your case

[fedup postie]

as far as i know if you do not say royal mail is responsible for your accident you will not be able to make a claim from them and your union solicitor will not handle your case

This is not strickly true. As the accident was at work then the union solicitors will handle the case.

Here's a lillte more about the PABS scheme.

Personal Accident Benefit Scheme

ROYAL MAIL. This is a non contractual discretionary employee benefit provided by Royal Mail. The scheme is designed to alleviate financial distress where individuals suffer a permanent physical disability as a result of an accident at work. Benefits from the scheme are not dependant on blame, fault or liability. In order to make a claim all accidents must be reported to the employer and recorded in the appropriate accident book (ERICA). Claims must be registered with the PABS Administrators within six months of the date of the accident. This is done automatically by the Legal Department where a member has submitted an LS3 claim form.

In order to establish the extent of any injuries the Scheme uses the medical assessments provided by the Department for Works and Pensions. It is therefore essential that claimants also register their accident with the DWP in line with the process described in claiming Industrial Injuries Benefit. On receipt of the appropriate disability assessment, this should be forwarded to the Legal Department. Claims are settled on the basis of permanent injury. Therefore a life assessment is required, in order to obtain payment. Payments are calculated using the percentage disability against the maximum payment of £40,000.00. For example, a member who is in receipt of a 10% life assessment will receive 10% of £40,000.00. Additionally, payments can be made where a member is in receipt of a provisional assessment which extends in excess of a two year period. In such circumstances, a reduced interim payment may be made. Further details concerning the Scheme were published in LTB 198/06 dated 22nd March 2006.

[Thunderthighs]

I had an AOD, was listed as Permernantly Disabled at a certain percentage, filled all the CWU/PABS forms in, got all the DSS info to the PAB's board etc.
Their decision? "This injury was attributed to a previous one a year earlier!"
GOB-SMACKED isn't the word...They are NOT the same injury although they are similar, but different in area, degree of pain, feeling of movement etc.
I was at full working capacity/duty from the previous injury, at the time of the 2nd injury, and even 2 Consultants couldn't decide they were the same one etc, so how can they?

Anyway, can I appeal their decision? It looks as though they are Moving-the-goalposts to suit themselves...

Both Injurys were on duty and as the result of Dog Attacks, just undertaking my "Normal Everyday" delivery activities.
The 2nd injury is an ongoing Legal case, and the dogs owners have admitted Limited Liabilty, at 80%.
I didn't ask to get attacked, I didn't want to get attacked, I was just doing the JOB PROPERLY.

So, all the RM ad's about Protecting our Workers from dogs and all the Media coverage appears to be just lip-service, as in reality, once Disabled, you are on yer OWN!!!

[Himaggen]

Hi, I had an accident at work Monday evening, a customer sent in a york of tracked and one of the bags were over weight, I always follow ssow, however I have pulled my back.

To Manually Handle the bag you should have tested its weight first and requested assistance if you felt it was beyond your capability and/or above 11 kilos. If happy with your estimation you should have lifted it correctly with your feet in the correct positions item close to the body, back straight and manoeuvred with no twisting .

A friend of mine says it sounds like they were trying to avoid reporting it to the hse as if I'd had been off 3 days or more they would have to for the hse to come and do their own risk assessment

Just for information, (since RIDDOR and reporting to the HSE were mentioned), the rules changed this year the trigger point is now seven days not three.