Just got home from hospital, having been treated for a deep gash to my leg from this mornings DOG ATTACK! Informed my line manager who came out, took details, spoke to mad dogs owner, and gave me lift to hospital. Have also reported the incident to police.
So what now???????
Am sat her with bandaged leg cocked up and stinging like hell. Feel so pissed off. Any advice welcome please?
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Advice AFTER dog attack today?
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Albethere
- Posts: 76
- Joined: 20 Aug 2007, 14:50
- Location: North of the Midlands
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glenfiddich
- Posts: 1012
- Joined: 03 Oct 2007, 13:15
just to cheer you up at least you were'nt one of these 3
http://uk.news.yahoo.com/rtrs/20080426/ ... e59e8.html
http://uk.news.yahoo.com/rtrs/20080426/ ... e59e8.html
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leiwolf
- Posts: 217
- Joined: 09 Nov 2007, 18:42
- Location: Lancs
albert
i was bit by a dog a few weeks back, left a gash in my right hand. You done all you can mate but if i was you, take a few days off to recover and go in and ask to do lights duties for a few days to see how you feel, don't let them put pressure on you to do more, your health is more important then their bonus
i was bit by a dog a few weeks back, left a gash in my right hand. You done all you can mate but if i was you, take a few days off to recover and go in and ask to do lights duties for a few days to see how you feel, don't let them put pressure on you to do more, your health is more important then their bonus
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TrueBlueTerrier
- FORUM ADMINISTRATOR
- Posts: 72288
- Joined: 30 Dec 2006, 10:29
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UNION INFORMATION
http://www.cwu.org.uk/default.asp?step=4&pid=150
All dog attacks should be reported to the police. The benefits of doing this are twofold: -
1) The police may bring proceedings against the dog owner and the presence of a Conviction for failing to keep the animal under control will often persuade a dog owner's insurers to make an offer of settlement.
2) The record of the attack will serve as evidence of the animal's dangerous characteristics should a further attack take place.
In circumstances where serious injury is sustained as a result of a dog bite, such claims are usually placed in the hands of our solicitors, however, claims involving minor injuries are dealt with In-house and settlements are negotiated with the owner of the dog or their insurance company where appropriate.
(e) Repayment of Wages
The following procedures apply: -
(i) A member who incurs paid absence as a result of an accident due to the negligence of a third party (not Employer) will be required to sign an undertaking to repay to the Employer the sick pay received out of any damages which he/she may obtain from the person responsible for the accident. The proportion of sick pay to be refunded will be based on the proportion of damages recovered.
(ii) On completion of the undertaking, the Employer will furnish the member with a form advising him/her how to calculate the amount to be included as loss of wages in any claim he/she may decide to make against a negligent third party. The form will also show what they will be required to refund to the Employer if their claim is successful.
(iii) Normally there will be no repayment of wages where the claim is being pursued with the Motor Insurance Bureau arising out of an accident caused by an unidentified driver. However, if loss of earnings is included in the claim, then there is a repayment of wages to the employer in the event of a successful claim. No repayment is due where a claim is being pursued with Criminal Injuries Compensation Authority.
(f) Compensation Recovery Unit
Under the Social Security Administration Act 1992, any payments made by the Benefits Agency as a result of the injuries sustained by our member are due to be repaid to the Benefits Agency by the Defendants. The payment is made direct to the Benefits Agency by whoever pays the compensation.
If the total compensation payment for the injury is £2,500 or less, the Benefits Agency does not claim back any amount which has been paid in the form of benefit. The settlement of personal injury claims are formed of two types of damages, i.e. Special Damages which relate to loss of earnings and out-of-pocket expenses and General Damages which are awarded for pain and suffering and loss of amenity. CRU is only entitled to claim repayments of any Benefits received by the member against the award of Special Damages only. All sums of money recovered in respect of General Damages cannot be affected by a repayment to the CRU and as a result, will be received by the member in full.
(g) Time Limits
Listed below are details of the limits that are legally binding when processing claims. They are known as STATUTE OF LIMITATION.
1) Common Law claims with injuries - 3 YEARS.
2) Common Law claims without injuries, i.e., damage to property - 6 YEARS.
3) CICA - Completed applications to the Board no later than 2 years after the incident.
4) Claims for Professional Negligence - 6 YEARS.
(NB. If in the Channel Islands - 1 YEAR.
5) If the third party dies - Common Law claims, the case becomes Statute Barred from the date of probate - 6 MONTHS.
6) If a claim for a dependant has not been pursued at the time of the accident, the limitation period runs out 3 YEARS from the age of majority (which is 18 years of age).
7) Medical Negligence Claims - 3 years from the date of knowledge.
8) Repetitive Strain Injury - 3 years from the date of knowledge of the relationship between the injury and the nature of the work.
Claims for damages for personal injury
The Union may take up a claim for personal injury, if there is a valid claim against a third party.
If the Union accepts such a case, unless stated otherwise it will be dealt with by one of the Union's legal representatives under the terms of the CWU Legal Services Scheme
All dog attacks should be reported to the police. The benefits of doing this are twofold: -
1) The police may bring proceedings against the dog owner and the presence of a Conviction for failing to keep the animal under control will often persuade a dog owner's insurers to make an offer of settlement.
2) The record of the attack will serve as evidence of the animal's dangerous characteristics should a further attack take place.
In circumstances where serious injury is sustained as a result of a dog bite, such claims are usually placed in the hands of our solicitors, however, claims involving minor injuries are dealt with In-house and settlements are negotiated with the owner of the dog or their insurance company where appropriate.
(e) Repayment of Wages
The following procedures apply: -
(i) A member who incurs paid absence as a result of an accident due to the negligence of a third party (not Employer) will be required to sign an undertaking to repay to the Employer the sick pay received out of any damages which he/she may obtain from the person responsible for the accident. The proportion of sick pay to be refunded will be based on the proportion of damages recovered.
(ii) On completion of the undertaking, the Employer will furnish the member with a form advising him/her how to calculate the amount to be included as loss of wages in any claim he/she may decide to make against a negligent third party. The form will also show what they will be required to refund to the Employer if their claim is successful.
(iii) Normally there will be no repayment of wages where the claim is being pursued with the Motor Insurance Bureau arising out of an accident caused by an unidentified driver. However, if loss of earnings is included in the claim, then there is a repayment of wages to the employer in the event of a successful claim. No repayment is due where a claim is being pursued with Criminal Injuries Compensation Authority.
(f) Compensation Recovery Unit
Under the Social Security Administration Act 1992, any payments made by the Benefits Agency as a result of the injuries sustained by our member are due to be repaid to the Benefits Agency by the Defendants. The payment is made direct to the Benefits Agency by whoever pays the compensation.
If the total compensation payment for the injury is £2,500 or less, the Benefits Agency does not claim back any amount which has been paid in the form of benefit. The settlement of personal injury claims are formed of two types of damages, i.e. Special Damages which relate to loss of earnings and out-of-pocket expenses and General Damages which are awarded for pain and suffering and loss of amenity. CRU is only entitled to claim repayments of any Benefits received by the member against the award of Special Damages only. All sums of money recovered in respect of General Damages cannot be affected by a repayment to the CRU and as a result, will be received by the member in full.
(g) Time Limits
Listed below are details of the limits that are legally binding when processing claims. They are known as STATUTE OF LIMITATION.
1) Common Law claims with injuries - 3 YEARS.
2) Common Law claims without injuries, i.e., damage to property - 6 YEARS.
3) CICA - Completed applications to the Board no later than 2 years after the incident.
4) Claims for Professional Negligence - 6 YEARS.
(NB. If in the Channel Islands - 1 YEAR.
5) If the third party dies - Common Law claims, the case becomes Statute Barred from the date of probate - 6 MONTHS.
6) If a claim for a dependant has not been pursued at the time of the accident, the limitation period runs out 3 YEARS from the age of majority (which is 18 years of age).
7) Medical Negligence Claims - 3 years from the date of knowledge.
8) Repetitive Strain Injury - 3 years from the date of knowledge of the relationship between the injury and the nature of the work.
Claims for damages for personal injury
The Union may take up a claim for personal injury, if there is a valid claim against a third party.
If the Union accepts such a case, unless stated otherwise it will be dealt with by one of the Union's legal representatives under the terms of the CWU Legal Services Scheme
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johnnyp
- Posts: 5239
- Joined: 27 Jan 2007, 16:00
- Gender: Male
- Location: SE ENGLAND
Re: Advice AFTER dog attack today?
Get an LS3 form from your rep a.s.a.p. and fill it out with as much infomation as possible.Albethere wrote:Just got home from hospital, having been treated for a deep gash to my leg from this mornings DOG ATTACK! Informed my line manager who came out, took details, spoke to mad dogs owner, and gave me lift to hospital. Have also reported the incident to police.
So what now???????
Am sat her with bandaged leg cocked up and stinging like hell. Feel so pissed off. Any advice welcome please?
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trythat
- EX ROYAL MAIL
- Posts: 720
- Joined: 23 Jun 2007, 16:36
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asbru
- Posts: 76
- Joined: 28 Oct 2007, 10:06
- Location: Lincs
Basically though, if that dog hasn't been reported as dangerous previously, there's no real chance of bringing a successful legal case against the owner. The owner will claim that such behaviour has never happened before. But, if it has happened before with that dog then the owner is fully responsible to make sure it doesn't happen again, so nail their asses with a legal case through your union branch's legal officer.
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Stormproof
- Posts: 6116
- Joined: 07 Jul 2007, 21:03
- Gender: Female
The union have an accident helpline www.cwuaccidenthelpline.com or ring them on 0800 804 6674trythat wrote:We've had a couple of people being bitten in our office lately, and I'm sure they called one of those 'no win, no fee' things on TV, and they got a few hundred quid. So might be worth a call to a few of them and see what they have to say.
So keep on moving, moving, moving your feet
Keep on shuf-shuf-shuffling to this ghost dance beat
Just keep on walking down never ending streets
Illegitimi non carborundum
Keep on shuf-shuf-shuffling to this ghost dance beat
Just keep on walking down never ending streets
Illegitimi non carborundum
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brothermagrew
- Posts: 3015
- Joined: 06 Aug 2007, 16:38
- Gender: Male
- Location: Shares a border with England to the south.
The People Management Framework - Dealing with Dog Attacks - Good Practice Guide.
The Dog Attack Compensation Scheme is intended to cushion employees who are off sick as a result of a dog attack against the effect of reduced earnings during sick leave. The form (Dog Attack Compensation Claim Form) may be used for any dog attack provided that:-
1. The attack was reported at the time itoccurred and injury was recorded in the Accident Book (which is now reported electronically via the ERICA system) in normal course (the term 'injury' may also cover attacks which cause mental stress without resulting in physical injury).
2. The employee is absent from duty as a direct result of the dog attack.
3. The absence is for more than one week and any period in excess of this first week is covered by a doctor's note or hospital certificate.
4. The employee has lost overtime and premium payments by being absent due to the attack.
Any eligible claim must be made on the attached form and line managers are asked to forward the completed and signed forms to the Personal Services Centre.
The compensation paid will be the difference between full rate sick pay and the individual's average weekly earnings over the previous 13 weeks, excluding Christmas/Summer pressure and annual leave.
Average earnings are calculated as total overtime/premium payments during the period, divided by 13 (or 13 minus any leave during the period).
Compensation will be paid for aslong as the condition lasts, up to a maximum of 13 weeks and will be paid as a temporary addition to pay at the individual's normal pay intervals.
Albethere
Sorry to read about your injury due to a dog attack and can only wish you a full and speedy recovery. In the meantime you should ensure that your Manager has fully reported this via the ERICA system. Your Manager should also be able to provide you with a copy of the Dog Attack Compensation Form should you require one (if he or she feigns ignorance about the form tell them to have a look at Appendices SECTION 5 in the Dealing with Dog Attacks - Good Practice Guide.
You should note that the Dealing with Dog Attacks - Good Practice Guide which all Managers should have a copy of is basically split into two camps - Section 3 Covers Dog Attack where there is a Dog Warden Scheme in Place whilst Section 4 Covers Dog Attack - where there is no Dog Warden Scheme in Place.
If you could indicate which of the two camps is operated in your delivery office i.e. is there a dog warden scheme in place or does your office operate on a no dog warden scheme in place. As there is a raft of measures your Manager should be doing.
The Dog Attack Compensation Scheme is intended to cushion employees who are off sick as a result of a dog attack against the effect of reduced earnings during sick leave. The form (Dog Attack Compensation Claim Form) may be used for any dog attack provided that:-
1. The attack was reported at the time itoccurred and injury was recorded in the Accident Book (which is now reported electronically via the ERICA system) in normal course (the term 'injury' may also cover attacks which cause mental stress without resulting in physical injury).
2. The employee is absent from duty as a direct result of the dog attack.
3. The absence is for more than one week and any period in excess of this first week is covered by a doctor's note or hospital certificate.
4. The employee has lost overtime and premium payments by being absent due to the attack.
Any eligible claim must be made on the attached form and line managers are asked to forward the completed and signed forms to the Personal Services Centre.
The compensation paid will be the difference between full rate sick pay and the individual's average weekly earnings over the previous 13 weeks, excluding Christmas/Summer pressure and annual leave.
Average earnings are calculated as total overtime/premium payments during the period, divided by 13 (or 13 minus any leave during the period).
Compensation will be paid for aslong as the condition lasts, up to a maximum of 13 weeks and will be paid as a temporary addition to pay at the individual's normal pay intervals.
Albethere
Sorry to read about your injury due to a dog attack and can only wish you a full and speedy recovery. In the meantime you should ensure that your Manager has fully reported this via the ERICA system. Your Manager should also be able to provide you with a copy of the Dog Attack Compensation Form should you require one (if he or she feigns ignorance about the form tell them to have a look at Appendices SECTION 5 in the Dealing with Dog Attacks - Good Practice Guide.
You should note that the Dealing with Dog Attacks - Good Practice Guide which all Managers should have a copy of is basically split into two camps - Section 3 Covers Dog Attack where there is a Dog Warden Scheme in Place whilst Section 4 Covers Dog Attack - where there is no Dog Warden Scheme in Place.
If you could indicate which of the two camps is operated in your delivery office i.e. is there a dog warden scheme in place or does your office operate on a no dog warden scheme in place. As there is a raft of measures your Manager should be doing.
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Albethere
- Posts: 76
- Joined: 20 Aug 2007, 14:50
- Location: North of the Midlands
Thanks
Thanks for your kind words of support, but WHAT protection is offered to ALL postmen/postwomen to protect us from FUTURE ATTACKS?
Health and Safety dictates the mandatory wearing of Cycle Helmets, yet NO protection has been made available for postmen's legs! Has anybody been offered reinforced protective trousers? I think not. Materials ARE available such as the "kevlar" that has been used in bullet proof vests etc. I'm not saying such items should be compulsary - but they have not even been offered. I will be looking for answers.........
Health and Safety dictates the mandatory wearing of Cycle Helmets, yet NO protection has been made available for postmen's legs! Has anybody been offered reinforced protective trousers? I think not. Materials ARE available such as the "kevlar" that has been used in bullet proof vests etc. I'm not saying such items should be compulsary - but they have not even been offered. I will be looking for answers.........
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DB1100
- Posts: 1976
- Joined: 10 Sep 2007, 14:30
Re: Thanks
Albethere wrote:Thanks for your kind words of support, but WHAT protection is offered to ALL postmen/postwomen to protect us from FUTURE ATTACKS?
Health and Safety dictates the mandatory wearing of Cycle Helmets, yet NO protection has been made available for postmen's legs! Has anybody been offered reinforced protective trousers? I think not. Materials ARE available such as the "kevlar" that has been used in bullet proof vests etc. I'm not saying such items should be compulsary - but they have not even been offered. I will be looking for answers.........
A four hour walk in the midday sun in Kevlar trousers,no thanks and before you say wait till you get bit,I had micro surgery on my hand as a result of a dog bite at work.In all the years I have worked at RM I have been bitten twice,once serious as stated,and once minor ie broken skin and light bleeding to my shin,TBH wasp and bee stings bother me more as anybody can have an allergic reaction to these at any time
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woofwoof
- Posts: 1516
- Joined: 13 Apr 2007, 16:23
- Gender: Male
- Location: stinky land
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TrueBlueTerrier
- FORUM ADMINISTRATOR
- Posts: 72288
- Joined: 30 Dec 2006, 10:29
- Gender: Male
- Location: On my couch
woofwoof wrote:take pictures and register it as a industrial accident
u should move this to health & safty
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Thunderthighs
- Posts: 990
- Joined: 14 Jul 2009, 19:42
- Gender: Male
Re: Advice AFTER dog attack today?
I too thought going via solicitor was the "way to go" but, evidently, dog that attacked me - no bite, but torn thigh muscle side-stepping 3rd lunge - the owners are on benefits, no house insurance, so offered to pay me £1 per week. My old man - 25yrs shop steward in engineering - said take it, and open a savings account for my kids! I'd rather give it the RSPCA. Prob tell owner to stick it....
Since this attack, and 3 similar ones, result is 3rd weeks sick up to now, as groin went again recently. Thinking of going down same lines but much more wary now. Physio soon, I hope. Main gripe: No Dog Warning card on frame or in tray holding cut offs, or in Walk Log, no verbal warning on dog by Manager/Asst.
Is the negligence of H+S Policy admittance of liability on Mangrs grounds for a case ???? If I'd known dog was there- unfamiliar round - would have taken mail back.
Veiled threats of Stage Warnings, but have been told by grapevine, will negated due to AOD.
Any further info appreciated.
Since this attack, and 3 similar ones, result is 3rd weeks sick up to now, as groin went again recently. Thinking of going down same lines but much more wary now. Physio soon, I hope. Main gripe: No Dog Warning card on frame or in tray holding cut offs, or in Walk Log, no verbal warning on dog by Manager/Asst.
Is the negligence of H+S Policy admittance of liability on Mangrs grounds for a case ???? If I'd known dog was there- unfamiliar round - would have taken mail back.
Veiled threats of Stage Warnings, but have been told by grapevine, will negated due to AOD.
Any further info appreciated.
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packmule
- EX ROYAL MAIL
- Posts: 132
- Joined: 04 Jun 2009, 08:49
- Gender: Male
- Location: E mids
Re: Advice AFTER dog attack today?
Sorry to hear about your attack, hurts like s**t don't it.
I had a dog attack a few years ago which also got infected. Did the same as you reported to the police,work & the union.
AHHH the union what can i say ? " ABSOLUTE F**KING WAN*ERS"
It took 1 yr to receive 1st letter from them saying they had passed it on to Simpson Miller. It then was another 18 months Plus before they did anythingdespite my phone calls to hurry them along (or try ).
End result scar on my leg trousers ripped from ankle to thigh and nothing. Claim rejected by barrister as the could not prove the dog ahd attacked anyone before
What the hell difference if its not bitten anyone else it sure as hell had ago at me and the owner ,who claimed the dog belonged to his son was only a few feet away
AOD does negate warning
So my advise would be don't wait for ever on the union fighting your corner , do it yourself it has got to be quicker.
Meanwhile keep the leg up ,best wishes for quick recovery
I had a dog attack a few years ago which also got infected. Did the same as you reported to the police,work & the union.
AHHH the union what can i say ? " ABSOLUTE F**KING WAN*ERS"
It took 1 yr to receive 1st letter from them saying they had passed it on to Simpson Miller. It then was another 18 months Plus before they did anythingdespite my phone calls to hurry them along (or try ).
End result scar on my leg trousers ripped from ankle to thigh and nothing. Claim rejected by barrister as the could not prove the dog ahd attacked anyone before
What the hell difference if its not bitten anyone else it sure as hell had ago at me and the owner ,who claimed the dog belonged to his son was only a few feet away
AOD does negate warning
So my advise would be don't wait for ever on the union fighting your corner , do it yourself it has got to be quicker.
Meanwhile keep the leg up ,best wishes for quick recovery