Can't make a claim

[Rory]

I broke my arm whilst on duty in a block of flats, I fell down a flight of stairs and smashed my forearm off the corner of a step on the way down, I was wearing the RM issued footwear too. But because I am not in the union Royal Mail can not put in a claim for me....

Royal Mail and the union are two separate entities, how can you confuse that? Some people amaze me.

[dvbuk55]

Why would Royal Mail put a claim in for you? It is Royal Mail you would be claiming against!

Why? Royal Mail is paying him - it's the council he needs to pursue for loss of potential earnings, pain, suffering and interfering with his "social" life

[k979aaa]

Why would Royal Mail put a claim in for you? It is Royal Mail you would be claiming against!

Why? Royal Mail is paying him - it's the council he needs to pursue for loss of potential earnings, pain, suffering and interfering with his "social" life

One of the benefits you get with being in a union is legal representation even if I don't agree with how things worked out with the last failed agreement I still would rather be in the union than out for this very aspect.

[DB1100]

I broke my arm whilst on duty in a block of flats, I fell down a flight of stairs and smashed my forearm off the corner of a step on the way down

still do a round a lot quicker than most with 1 hand

Not much sympathy for you. Sounds self-inflicted to me. Maybe if you slowed down a bit you wouldn't fall down flights of stairs.

By the sounds of that,he ain't got time to put a claim in

[steve1873]

Why would Royal Mail put a claim in for you? It is Royal Mail you would be claiming against!

Why? Royal Mail is paying him - it's the council he needs to pursue for loss of potential earnings, pain, suffering and interfering with his "social" life

My mistake, apologies to the op. I read it and concluded he was meaning an industrial accident claim.

[TrueBlueTerrier]

Why would Royal Mail put a claim in for you? It is Royal Mail you would be claiming against!

Why? Royal Mail is paying him - it's the council he needs to pursue for loss of potential earnings, pain, suffering and interfering with his "social" life

My mistake, apologies to the op. I read it and concluded he was meaning an industrial accident claim.

But Royal Mail could be a potential respondent, so there is every chance of him suing them.


For instance;

Was the walk log up to date.
Where the H&S guidelines/Instructions up to date.
When was he last briefed on a matter relevant to the accident.
Has there been any previous history of the OP or others having similar accidents at the same or similar locations.
Has there been a proper investigation into the root cause of the accident.
Etc


One thing is certain, accidents are rarely caused by one single action, there is normally a chain of event leading up to it and Royal Mail can be held vicariously liable for at least some of the blame if they haven't been professional about it.

[dvbuk55]

One thing is certain, accidents are rarely caused by one single action, there is normally a chain of event leading up to it and Royal Mail can be held vicariously liable for at least some of the blame if they haven't been professional about it.

You know the sign above the mirror "you're looking at the person responsible for H&S" it was known that the stairs were a hazard in the rain because there was no anti slip strip so - did he take sufficient care, was he aware of the hazard or did he not read the walk log well whatever the cause RM are paying his wages whilst he is incapacitated. The council own the property and should have insurance cover for such accidents in much the same way as if you tripped on uneven paving would RM be responsible for that?

[TrueBlueTerrier]

One thing is certain, accidents are rarely caused by one single action, there is normally a chain of event leading up to it and Royal Mail can be held vicariously liable for at least some of the blame if they haven't been professional about it.

You know the sign above the mirror "you're looking at the person responsible for H&S" it was known that the stairs were a hazard in the rain because there was no anti slip strip so - did he take sufficient care, was he aware of the hazard or did he not read the walk log well whatever the cause RM are paying his wages whilst he is incapacitated. The council own the property and should have insurance cover for such accidents in much the same way as if you tripped on uneven paving would RM be responsible for that?

I don't know - I am not responsible for investigating the root cause but Royal Mail are as the employer, and the local council are as the landowner. The uneven paving if I fell on it whilst working then the answer is exactly the same. Both parties have to carry out an investigation into the cause of the accident and any procedural failures that may or may not have contributed to the accident - was he unaware of the hazard because it wasn't in the walklog

Vicarious liability refers to a situation where someone is held responsible for the actions or omissions of another person. In a workplace context, an employer can be liable for the acts or omissions of its employees, provided it can be shown that they took place in the course of their employment.

Royal Mail won't know if there has been an omission by an employee without doing a root causes analysis, which they hardly ever do.

Now if you want to get into the moral question of whether its right for an employee to sue an employer whilst they are being paid, that's fine, but it doesn't absolve Royal Mail of all responsibility. There is an argument after all that with Privatisation perhaps hitting RM in the pocket because of their poor H&S record, lack of compliance and woeful understanding of managerial responsibilities, it could improve the situation and benefit all.

[dvbuk55]

There is an argument after all that with Privatisation perhaps hitting RM in the pocket because of their poor H&S record, lack of compliance and woeful understanding of managerial responsibilities, it could improve the situation and benefit all.

And after all that - go for the council, they won't fight it and will settle without a protracted delay.

[TrueBlueTerrier]

There is an argument after all that with Privatisation perhaps hitting RM in the pocket because of their poor H&S record, lack of compliance and woeful understanding of managerial responsibilities, it could improve the situation and benefit all.

And after all that - go for the council, they won't fight it and will settle without a protracted delay.

That's one option , but it doesn't answer the question posed by the OP - Royal Mail won't help him sue the other party BECAUSE Royal Mail may be respondents.

I was informed today that Royal Mail can't make a claim for breaking me arm because I am not part of the union. Disgusting attitude to have....

[dvbuk55]

There is an argument after all that with Privatisation perhaps hitting RM in the pocket because of their poor H&S record, lack of compliance and woeful understanding of managerial responsibilities, it could improve the situation and benefit all.

And after all that - go for the council, they won't fight it and will settle without a protracted delay.

That's one option , but it doesn't answer the question posed by the OP - Royal Mail won't help him sue the other party BECAUSE Royal Mail may be respondents.

I was informed today that Royal Mail can't make a claim for breaking me arm because I am not part of the union. Disgusting attitude to have....

It would appear that Royal Mail won't involve itself, he's not a member of the union and he needs legal representation and he needs to start some sort of litigation - if it was me I wouldn't bite the hand but go for the body responsible for the physical fault because they are the only ones capable of rectifying it and therefore preclude a repeat of the accident.

[Lightweight andy]

Going on the comment

Lightweight andy wrote:
still do a round a lot quicker than most with 1 hand

Also says it all to me too, there's a guy at my office just broke his arm running down stairs that goes into managers complaining about his different partners being too slow but now he's learnt his lesson along with his 2 speeding fines in 1 month

I never said anything about running around around I am just quick an efficient at my job, I never run or cut corners I do the job to the rule book.....
I,m not like some of the lazy people out there dragging there heels so they can either book o/t or not want to do there lapsing.

[dvbuk55]

LWandy - forget the jibes just make a claim from whomever you think will pay out - remember the old saying "don't ask don't get".