Injury Claims

[richy_B]

Has anyone made or had made against them an injury claim.?

 

If a temporary employee were to cut themselves with a hedge cutter and end up with stitches, would they be eligible to claim anything?

I haven't but I am certainly cautious because of what you have mentioned.

 

I expect the answer is yes they can make a claim for injury. Whether they are successful in the claim or not is going to come down to:

 

-Had they received adequate training/existing certification in the power tool in question.

 

-Was PPE supplied? Or could PPE been supplied that would have prevented the accident.

 

-Evidence of risk assessments from the day the incident occurred.

 

-Perhaps evidence the power tool was maintained properly.

 

If you don't have this the insurer may reject liability and the business may find itself liable.

[arbanonymous]

Would you like to elaborate on how the incident occurred?

 

They were using them one handed for some reason and managed to cut other arm.. They were an experienced user, using nearly new hedge trimmers to cut a hedge, while standing on the ground..

[Shane]

Some of the above comments call for the......

Sexual Harassment Panda (I don't know how to create a link to Youtube)

[richy_B]

They were using them one handed for some reason and managed to cut other arm.. They were an experienced user, using nearly new hedge trimmers to cut a hedge, while standing on the ground..

 

Ignore I misread it.

Edited October 26, 2016 by richy_B
Ignore this. Misread.

[richy_B]

They were using them one handed for some reason and managed to cut other arm.. They were an experienced user, using nearly new hedge trimmers to cut a hedge, while standing on the ground..

The problem with this is what constituents an experienced user? What you need is evidence of training and preferable an element of certification, ie lantra cert for hedge trimmer.

 

Using one handed is obviously a no no, provided you have had training with this tool. Unfortunately common sense is not a defence.

 

Does you written risk assessment cover this? Ie 'tool should be used with both hands'. Operator should not over reach, use of appropriate ladder or platform.

[richy_B]

An issue I have found, which I appreciate doesn't help this situation, is there is a distinct lack of people about with certification in steel bladed brush cutters and hedge trimmers. It is often overlooked as 'not necessary'.

[eggsarascal]

They were using them one handed for some reason and managed to cut other arm.. They were an experienced user, using nearly new hedge trimmers to cut a hedge, while standing on the ground..

 

Then I'm afraid the boss man is to blame. Letting someone miss use equipment (one handed) is totally irresponsible. I wouldn't be surprised if the company involved gets taken to the cleaners.

 

On a serious note I wouldn't worry too much about it. If everything (paperwork), ppe, blah blah is in place I can't see a claim going very far.

 

Disclaimer: I ain't got a bleeding clue what the law/insurance company would make of it.

[felixthelogchopper]

Some of the above comments call for the......

Sexual Harassment Panda (I don't know how to create a link to Youtube)

 

[ame]

[/ame] Have that one on me.

[Steve Bullman]

They were using them one handed for some reason and managed to cut other arm.. They were an experienced user, using nearly new hedge trimmers to cut a hedge, while standing on the ground..

I would consider myself an experienced user, and quite regularly use a hedge cutter one handed for that extra little reach. If I then had an accident and cut myself as a result of that I would be far too embarrassed to even consider suing the company who were hiring me on that day...thats just out of order

 

Hope if works out for you and whoever it is admits responsibility for their own actions/risk taking

[Steve Bullman]

by the way, is there an actual certificate for hedge trimmers?