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Accident at work

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cockatiel | 06:53 Sun 27th Sep 2009 | Law
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My friend is a registered nurse and works in a nursing home. She was dealing with a demented patient who moved the hoist in such a way that my friend fell over it. This accident happened several months ago. She thought nothing of it at first, but has since developed severe pain in her hip which she believes is related to the accident. She is 67 years old and is afraid of saying anything to her employer in case they sack her. She would like to retire, but lives on her own and needs to work a few more months to pay off a couple of loans. Is it too late to seek any compensation? Any advice would be welcome
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Did she enter it in the accident book?
Even if she can prove beyond a doubt her pain is directly due to the accident, she would not be entitled to compensation unless she can also prove the accident happened because the employer was negligent. What could / should the employer have done to prevent this accident?
If she didn't record it in the accident book it will be difficult to prove the accident happened at all, let alone caused her pain. The employer will say she could have fallen anywhere.
It is not too late to seek compensation. She has 6 years from the date of the accident to bring a case to court. It might be worth her speaking to one of these injury lawyers who work on a no win, no fee basis. She should be aware though, that if she loses she will still have to pay some costs, in all probability.
from you account i cannot see how she would be entiltled to any compensation
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Tell your friend to join a union. Her employer can't stop her doing this. Any union worth its salt will do their level best to get her compensation. Recording the accident at the time is NOT a requirement in seeking compensation. She can't be sacked for seeking compensation. Her employer will be insured against claims by employees anyway. Was there a risk assesment in place for use of the equipment? If not, it's a 'slam dunk' for a payout. Compensation can be claimed for up to three years following injury, and longer in some cases. JOIN A UNION!
She should be intitled to compensation. In addition, this compensation is unlikely to come directly from her employer but from their insurers. So her employers may not be so against the claim as you might think as it shouldn't cost them directly.
Hi, I work something on the same line as your friend but L.D. Does the area where the accident happened have CCTV? that's one area to look into to, if it's a fact that the particular person often moved the Hoist then the owners should have fitted a temp measure for this device NOT TO BE MOVED I know from personal experience this at times is inconvenient. regards the accident book It's still not too late to enter the accident, has she been to see her local GP because of this accident? if so get the required information for her to use if need be, has other workers within the home had the same problem / Issue? has there been a risk assessment done on the device? this should be in writing in your policies. "" Risk Assessments"" as regards saying something & getting sacked, if she does her work well, time keeping good, personal hygiene good, kept Confidentiality of the Clients then she has a case IF she was every sacked, as said get her to join Unison her age will not even come into the equation when the matter is discussed. Good Luck.

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