Accident at work

[Milo]

Okay, okay. So it's nothing major before you all start quoting claims direct people at me!
On my way in through the building I slipped over on a newly polished (still wet) floor and twisted my already weak ankle a bit.
Other than that i'm fine after washing the polish off my hands though I did land quite hard on my helmet. Before you start cringing, it was my motorcycle helmet!
I've already spoken to the site manager, the site facilities manager and the cleaner and they all agree that signs should have been out.
The rest of the floor where it was polished was dry, but this was between two fire doors so i'm guessing due to the lack of air circulation it took longer to dry. Being fire doors they're heavy, and this caused my feet to slip on the wet floor.

All i'm really bothered about is that the company gets their act together. If I hadn't had my bike boots on it would have been a lot worse for my ankle.

My helmet is an OGK Aeroblade and is coming up to 3 years old, so at the end of it's life anyway. What do you think I should try to get off them for it?
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Shaft drives rule.

[Kris]

Wite them a nice formal letter asking to be reimbursed for a new crash helmet Can't hurt can it? Other than that there's not really much you can do other than learn to look where you're walking
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NSR125RR - ZXR750H1 - ZX9R E1 - GSF600S - GSF600SK3 - VFR400-NC30 - SV1000N - ST1100-R - CBR900RR-R - GSF1200SK5 - GSF600SK1 - VFR1200FA - GSXR1000K2 - ZZR1400 D8F
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[Steve H]

Milo,

Coincidentally I've recently been on a Managers Health and Safety Training Course which came with leaflets and handouts that could have decimated a small rain forest In a nutshell the Assessor of the course intimated that should there not be sufficient warnings in the workplace of specific hazards and indications of those hazards and there whereabouts should they cause an accident then the Employer is liable for any harm that maybe caused to an employee or visitor to the workplace.

He did cite a case where a large supermarket Chain Store that rhymes with Pesco (!) had a water spillage in their store, employee mopped it up, failed to put any warning signs out and a shopper fell on the slippery surface breaking her wrist - Shop was liable and had to pay out substantial damages.

I think this should be sufficient information for you but if you require more feel free to mail me.

Good Luck

SteveH
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Mellow Yellow
The BCF Top TEN - 2010, 2009, 2008, The Original.

[T.C]

It may be something of an embarrassment to them in that they failed to comply with the safety at work regs, and if it was made public, then there is a possibility that the health and safety executive might be called in to check them over, and like most firms, this type of inspection can be most unwelcome.

Write to them politely but formally, explaining the circumstances, and why you think the (albeit) minor accident occurred. There is a legal requirement to place signs out to advise of wet and slippery floors, and for a visual inspection to be carried out on a regular basis.

If all you want out of it is a new crash helmet, tell them that you feel that if they were prepared to contribute to the cost of replacing your helmet on the grounds of health and safety, however do not expect the full retail value (unless they offer it as a gesture of goodwill).

From the point of view of making a formal claim, it is unlikely that you would get formal representation as the quantum (value) is likely to be quite low, and unless the value of the injury is worth £1,000 or more then legal fees cannot be claimed back.
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It is better to arrive 30 seconds late in this world, than 30 years early in the next

[Annabella]

Before you can make any kind of claim, was your accident reported in the accident book.

If not then you cannot procede, although I think you have seven working days for it to be entered (or we do for Mountain Rescue at least). In which case, as has been said, write a formal letter outlining the details of the accident and what was said at the time - that more signs were requried.

State that you have no intention of persuing any other claim, only for reimbersment of the cost of the helmet. The only danger with this is that if you have done irreparable damage to your ankle (and this could take years before it really shows completely), then you cannot make any other claim. You could always try claiming for the helmet immediately and make no promises to not claim again in the future, and for accidents at work - you really DO NOT need to go to a claims company.



Whatever you choose to do - Good Luck:D
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I did Cadwell!
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[Demonic69]

i did a Risk Assessors course just before x-mas and this was the type of scenario it was aimed at.
As long as someone was informed when you had the accident and they also noted that your lid had been busted then the company are liable for the damages, and any subsequebt costs incurred i.e having to use Taxi's while you got a new lid etc.
I got a new pair of trou from Inshite cause a screw was sticking out of a chair and ripped mine.

They're lucky you're not off work and sueing for damages, people have sued for more over much less
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Back on a Blade. Just feels so right.

[Milo]

Thanks for the info people, it goes with what I was thinking.
Also, Kris, how could I see that the floor's slippy if it was a tiny area between two fire doors with only a wall light?
Plus I woulda expected some kind of notification if it was wet.

I also pointed out that had i not been wearing my bike boots it could have been a lot worse.

I've written a long e-mail copying in my managers, and HR.
it detailed everything, including that there is no accident book and surely this a a breach of regulations.
I'm not going to be sueing, but some cost towards a new helmet would be nice

I'll keep you posted with what happens.

Adam
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Shaft drives rule.

[Kris]

[Milo]

Doh. yeah, sorry mate. reading back i can see that but i've had a well hectic day at work so far!

I'm interested in what they're going to say about not having an accident book.

Adam
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Shaft drives rule.

[Annabella]

Every company/work place must have an accident book by law, so this is a reprtable offence.

Better that they get it sorted out now, rather than when it's too late and someone has had a dangerous accident. In this situation the company's risk assessor is liable and could face prosecution. In the case where the accident is fatal this nominated person can go to jail for manslaughter, if the risk wasn't recorded nor dealt with.
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Avast! Pirates ahoy!
I did Cadwell!
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[Milo]

Thanks for the info, it increases my confidence in what I thought was right/wrong.

My HR departement are good in this company and are on the employees side so I'm sure I'll hear something soon. My boss is in on Thursday so if i've heard nothing by then he'll kick up a stink on my behalf.
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[Phoenix]

Personally I think you should get in touch with Lionel Hutz, he'll get you a zillion pounds in compensation

[Milo]

Heh heh.
Would be nice but somehow i don't think it'd work!
It's been passed onto the cleaning contractors.
I did a quick internet search for an OGK Aeroblade and it came up with the newer version for £160 so i gave them that.
Didn't tell them it was nearly 3 years old, and the original Aeroblade though...not that they asked.

They see no reason why the contractor won't pay out the full amount.
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Shaft drives rule.

[Milo]

Right. The Managing Director of the cleaning company has popped down to see me and offered to buy me a new one.
After a bit or persuasion I can go and get it myself, rather than him going to get it and e ending up with a dodgy fitting one.
I can go upto £160, which is nice! my current helmet (which is nearly 3 years old) is an OGK aeroblade and can be brought new for about a ton.

EDIT: £160 helmet recomendations?
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Shaft drives rule.

[Kris]

Nice one seems fair to me, but are you happy with the outcome? Did they mention anything about the missing "Wet Floor" sign?

Well done though
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NSR125RR - ZXR750H1 - ZX9R E1 - GSF600S - GSF600SK3 - VFR400-NC30 - SV1000N - ST1100-R - CBR900RR-R - GSF1200SK5 - GSF600SK1 - VFR1200FA - GSXR1000K2 - ZZR1400 D8F
www.prisonplanet.com

[Milo]

No. they admitted it should have been there but no why it wasn't.
I'm well happy with the outcome. A new helmet when i was due for a new one anyway - nice!
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Shaft drives rule.

[Danny]

Good outcome.

[Steve H]

Nice One Milo.

£160 Helmets - Roof Diversion get's pretty good write ups (won a few MCN awards and came pretty high in RIDE Magazine's Readers Poll) and is around about that price. Alternatively put an extra couple of quid of your own money towards it (if funds are available obviously) and get a cheaper Shoei which are pretty well made too.

SteveH
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Mellow Yellow
The BCF Top TEN - 2010, 2009, 2008, The Original.

[Kickstart]

Hi

Find what fits your head. Shoei quality is generally quite high. If you go to the bike shows over the summer you can easily buy a Shoei for that much. Think I paid £150 for my XR800.

All the best

Keith
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[Milo]

Thanks for the advice but I wanted to get one asap before the cleaning contractors changed their minds!

I've just picked up a KBC VR-7 for £160
It was probably more expensive in my local dealer than elsewhere...but it's not my money so i wasn't bothered!

I'd looked on the internet and only read good things about them.
Seem to de-mist very very quickly and it should be quieter than my old lid.
It's a good fit and the padding's nice and soft.


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Shaft drives rule.