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Making against employer for not gritting work car park? Anyone done it?

Basically, just went into work, got about 50 yards from my goal when I turned into the final corner and the front totally wiped out on me. I went down quite hard and didn't even try and get up for about a minute. Anyway, end result is abrasions and lacerations near my elbow and lots of bruising and swelling on my hip area. Jacket has a hole in, trousers have a hole in, overshoes and a hole in and gear level and pedals now have lovely grind marks on them.

I'm considering doing something for compensation as there was no grit down anywhere on site and by the time I'd got in they'd have 2 hours to do something. This isn't unusual for them as site management don't seem to look at weather forecasts and only react not preempt anything.

I've now gone home as my leg was starting to seize up and I'm going to play computer games all day.

Winter biking eh! What fun!

If you're new please join in and if you have questions pop them below and the forum regulars will answer as best we can.

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17 comments

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Yorkshire wallet | 7 years ago
5 likes

Well, I've just had a desk visit from the head of health and safety with an admittance that there should have been something done over the past few days of bad weather and she's looking to why the site wasn't gritted at all.

She's also asked me to provide pics of physical damage to myself and bike, so I may well be getting somewhere.

My mate on security said he'd had about a dozen complaints from people in cars about the bend. Luckily for a cars you don't fall over.

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DaveE128 | 7 years ago
3 likes

IMHO, given that you have no choice about entering your place of work, whether on a bike or on foot, it is not unreasonable to expect them to ensure that it is safe for you to do so.  The steps needed to do this (check the weather forecast, grit the car park) are trivial and their failure to do so is reprehensible. 

To suggest otherwise shows a worrying and fundamental lack of understanding of health and safety legislation. I am glad I don't work with or for these people.

Contrary to various tabloid nonsense and idiots using it as a lame excuse not to do anything, the UK's health and safety legislation is actually entirely reasonable and has saved countless lives and serious injuries. It has been widely copied across the world for this reason.

As you point out, you could easily have suffered an injury walking across the car park too, so it's really nothing to do with your choice to ride the bike.

You should definitely report it as a lost time incident.

I'd say best not to get the lawyers involved if you can avoid it, as that can be a bad career move. If your employer will act reasonably without any further persuasion, then great. If not, consulting any union you might be a member of would be a good course of action.

An employer with reasonable foresight (perhaps not yours then!) is actually grateful for people formally reporting injuries as they should use this to prevent more serious incidents occurring.

Hope the injuries clear up quickly and fully.

 

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fenix | 7 years ago
2 likes

If this happened at my work they'd want you to report stuff like this.  OK so it might cost them £200 or so - but if the next person along breaks a hip or something.... 

 

If they let you cycle on that road it should be safe enough to do so.

 

Heal well. 

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Yorkshire wallet | 7 years ago
4 likes

Well, because I'm brave and stuff I went to work this morning (in a car). Lots of swelling but the brunt of it is below the hip joint so at least I should be able to cycle again fairly quickly.

Apparently there is some process in place for compensation for accidents on site so I shall just have to see where it leads. I spoke to my boss, who spoke to her boss, who thinks I should at least get compensated for my clothing and bike damage. The first aider who looked at me also said he's complained repeatedly about the lack of any gritting as people have been slipping over walking across the car park, so they're pushing it forward. The place was exactly the same this morning and I had to take very measured steps just to get to my building without going on my arse again.

 

 

 

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Rapha Nadal | 7 years ago
5 likes

Yeah, I'd advise that you let HR know and certainly ask them to review why the site management hadn't gritted/salted a heavily used area.  As it's an accident on work property then it does need to be logged.

As for suing your employer?  No, not a wise move!

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danthomascyclist | 7 years ago
2 likes

Hello <HR / Health & Safety Representative>

 

I fell off my bike this morning - slipped over on the ice in the car park. Thankfully, I'm okay (although I have ripped about £150 worth of clothing!). I thought you'd like to know so that you can arrange for gritting. It'd be a shame if somebody made the same mistake but wasn't so lucky with their injuries!

 

All the best

Yorkshire Wallet

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atgni | 7 years ago
3 likes

If you were on site (off the public road) and you are employed there; then this is an accident at work and covered by the Health & Safety at Work Act. It's also a lost time accident, way past a near miss. Have a chat to your H&S rep and HR. They'll more than likely cough up for the kit as you'll be covered by their Employers Liability Insurance but their excess will be much higher than the gear.

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Roadie_john replied to atgni | 7 years ago
0 likes

atgni wrote:

If you were on site (off the public road) and you are employed there; then this is an accident at work and covered by the Health & Safety at Work Act. It's also a lost time accident, way past a near miss. Have a chat to your H&S rep and HR. They'll more than likely cough up for the kit as you'll be covered by their Employers Liability Insurance but their excess will be much higher than the gear.

this, this and this again. If it's a lost-time or reportable incident then something will happen. Doubt you'll get any cash from it but things should improve.

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fenix | 7 years ago
2 likes

Was this on their property ?  You need the report the incident at least. 

I think you would be likely to win if you claimed going fro what you have said, but I'm sure your employer would rather this was taken care off quickly and easily.

Just noticed that you have gone home - so this is a Lost Time Incident now ? 

 

 

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Yorkshire wallet | 7 years ago
1 like

Maybe a bit of a over reaction and I'm a cry-baby but the place is notorious for not doing anything about anything correctly at quite a basic level. Ironically the person that's now in charge of the site once sued the place for a good few grand for falling over and breaking their leg on site.

As for a mountain bike...no. That would have made no difference this morning and that's from someone with a MTB, BMX and MX bike experience. It just went with no warning, a fatter tyre or not being clipped in wasn't stopping that. At least you usually wash out on a MTB when the front goes rather than a slammed into the floor effect which I got this morning. Never lost the front as quick as this before TBH.

Maybe I just chalk it down to bad luck as I've made it round that corner for the last 15 years until now. More pissed off about my gear TBH, although so far this month I've had chilblains, ulcerated cornea (again), a hives outbreak on hands and feet, seized brake calipers on car and now this. Not sure which mirror I've broken.

Just in case anyone was wondering I WAS WEARING A HELMET AND HI-VIZ (may explain why the car behind didn't run me over)

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brooksby | 7 years ago
1 like

Whilst I agree with psling - definitely have an off-the-record chat with the Company before you go instructing solicitors - and I think that the onus is really on you to ride according to the conditions, I do also wonder whether your employers have any 'elf'n'safety procedures/guidance in place for dealing with icy conditions on their premises?  If not, I bet they will after you have a chat...

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arfa | 7 years ago
3 likes

Never pleasant having an ice related off and I hope you heal well.
As for suing your employer, all i'd say is that it tends not to be the best career move

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bobbinogs | 7 years ago
1 like

Yeah, let's all blame someone else for everything. Then we can all have a good moan about the price of insurance and the fact that no one organises anything due the fear of being sued. Careful with your coffee...it's hot!

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zanf replied to bobbinogs | 7 years ago
5 likes

Bobbinogs wrote:

Yeah, let's all blame someone else for everything. Then we can all have a good moan about the price of insurance and the fact that no one organises anything due the fear of being sued. Careful with your coffee...it's hot!

 

First off, if its on their property, they have a duty of care to ensure the worksplace is safe. Its what health and safety legislation is about.

 

Workplace (Health, Safety and Welfare) Regulations 1992 wrote:

116.
Arrangements should be made to minimise risks from snow and ice. This
may involve gritting, snow clearing and closure of some routes, particularly
outside stairs, ladders and walkways on roofs.

Secondly, go and look into the McDonalds coffee lawsuit because it wasnt frivioulous suit pursued for monetiary reasons. It was the culmination of several thousand people telling McD that their coffee was too hot after being burned and McD's refusing to do anything about it. The woman that sued, only did so after they wouldnt pay her medical bills.

 

https://www.caoc.org/?pg=facts
https://en.wikipedia.org/wiki/Liebeck_v._McDonald\'s_Restaurants

if you dont fancy reading then watch the Adam Ruins Everything episode about it

 

 

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S-J | 7 years ago
3 likes

Oh god please, you fell off your bike because it's icey. Everyone knows to take extra care in ice. I for one arrive at work daily and do not expect a member of staff to come in early and gritt the carpark so instead I use some common sense. I go a bit slower, alternatively get yourself a MTB, you''ll have more grip.

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psling | 7 years ago
0 likes

"This isn't unusual for them as site management don't seem to look at weather forecasts and only react not preempt anything."

Sounds like you fit right in there then!

Talk to your HR people first rather than claim solicitors, hopefully they can compensate you in some way towards your kit but you have to accept some responsibility yourself. Don't you...?

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peted76 | 7 years ago
0 likes

I'm sorry you slipped over, it's happened to us all, some more often and worse than others. You're lucky you didn't break anything, this time of year it's far too easy to slip out.

Make a claim feel free the law of the land allows it, you might get something out of it (?) I'm sure some solicitors will be happy.

But me personally, I discourage you to do this, it was an unfortunate accident of your own making. I think the correct move would be for you to claim against your own insurance for the damages caused, that's what insurance is for.

 

 

 

 

 

 

 

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