fizzy Posted June 24, 2009 Share Posted June 24, 2009 My bad day has lead me to here. Hoping if i write it all down i may feel a little better! I m having a particually hard time with a member of staff. This member of staff was in the toy cupboard yesterday getting the bikes out incidently i had asked another two members of staff to do this H.S, (she always has to be involved in everything) and a roll of paper fell and hit her foot. To cut a long story short its bruised. I think shes thinking of trying to claim . she has a sick note for 3 weeks Im so worried if she tries to sue. Quote Link to comment Share on other sites More sharing options...
littlemice Posted June 24, 2009 Share Posted June 24, 2009 Hi Fizzy Im sorry to hear the trouble you are having, sounds like she is playing a game. You need to cover your back at all cost even if it goes no further. Make sure she has completed an accident form. Try looking at www.businesslink.gov.uk, this is very good for employment help. The site can also link you to other sites it feels relevant. I hope that this helps or gives you a starting point. x Quote Link to comment Share on other sites More sharing options...
Cait Posted June 24, 2009 Share Posted June 24, 2009 Oh goodness. I think everyone is getting very fractious at the moment - the forum seems to be full of people having problems with staff. Do you have a large number of staff? Could you have a team meeting? a team night out or something to relax and all be friends again? Go bowling or something? (or would she drop a bowling ball on her foot too? Quote Link to comment Share on other sites More sharing options...
fizzy Posted June 24, 2009 Author Share Posted June 24, 2009 oh u made me laugh. We are only a very small pre school. ive done all the correct procedures, accident form, report to hse and ofsted. Looking forward to the summer off. Quote Link to comment Share on other sites More sharing options...
Cait Posted June 24, 2009 Share Posted June 24, 2009 We go out for a meal together every term - just for a laugh and to let our hair down. Quote Link to comment Share on other sites More sharing options...
sunnyday Posted June 24, 2009 Share Posted June 24, 2009 Hi Fizzy - no advice to add - just popped in to say - poor you - hope all looks better tomorrow. Sunnyday Quote Link to comment Share on other sites More sharing options...
Guest Posted June 24, 2009 Share Posted June 24, 2009 Sick note for 3 weeks!!! How big was the roll of paper and can I register with the doctor who gave the sick note please?? I was recently hit (very hard I may add) on the head when a child threw a large wooden block. All I got was a glass of water and 2 mins to sort the double vision out! Quote Link to comment Share on other sites More sharing options...
Gezabel Posted June 24, 2009 Share Posted June 24, 2009 (edited) 3 weeks??????!! We had a member of staff who had a wooden toy fall of a store cupboard shelf and cut his head. It was actually quite a nasty cut, he was taken to hospital had his head 'glued' and felt well enough to return to work the next day. Oh and by the way he was the one who had packed the stuff away in the cupboard the day before! How did we deal with it? he is now the proud owner of a bright yellow 'hard hat' with his name on! We filled in all the relevant paperwork but we didn't notify OFSTED - oops! NOt trying to make light of your horrible situation but how can someone need 3 weeks off - for a bruised foot from being hit by a roll of paper?? If you had asked other staff to do the job I don't see how she can claim anyway - she went against your instructions if I understand you correctly. Hope tomorrow is a better day PS Sorry about the way my messages are appearing. I have been made aware of this and asked to fix my ticker thing but I can't work out how to do it. If anyone with a ticker knows how to change it or delete I would love to know. Edited June 25, 2009 by JacquieL Quote Link to comment Share on other sites More sharing options...
HappyMaz Posted June 24, 2009 Share Posted June 24, 2009 I dropped a table on my foot today and it hurt so much! I may sue myself for an industrial injury and take three weeks off. Seriously, I'm with Geraldine on this one - if I understand what you say in your post, you asked two members of staff to do something for health and safety reasons and she went directly against what you requested. I'd say that was her risk and in fact that she was negligent. That's hardly the basis of a claim. Good luck - hope it doesn't go that far. Maz Quote Link to comment Share on other sites More sharing options...
MrsWeasley Posted June 24, 2009 Share Posted June 24, 2009 It's just occured to me, was she wearing suitable footwear? I've lost count of the times I've been wearing flip flops and dropped something on my foot... Even if it doesn't say anything about this in your policies, and she wasn't wearing suitable footwear surely it's common sense that working in an EY setting, you're likely to have things dropped/thrown or whatever at you and that you should wear appropripate clothing to protect yourself! Quote Link to comment Share on other sites More sharing options...
dublinbay Posted June 25, 2009 Share Posted June 25, 2009 Perhaps when shes thinking about claiming she realises that she wasn't supposed to be where she was and therefore partly to blame for her supposedly seriously injured foot. Hope it doesn't go this far. I presume you have seen the sick note? Good luck with it. Quote Link to comment Share on other sites More sharing options...
Scarlettangel Posted June 25, 2009 Share Posted June 25, 2009 I may have to sue myself too..... Dropped a pile of plastic deep trays on my foot the day before yesterday............. Felt tears in my eyes.............. Wanted to swear (only a little word), but didn't.................................... Put them down, and went off to get the next lot!!!!!!!! There is a bruise too............. To think I missed 3 weeks off!! I think, all jokes aside this shows that some of our work force see EY's as a job. Not a passion, or a commitment. I don't want to think what it would take for one of my staff or me for that matter to take a week off let alone 3!! We wouldn't do it to the other members of our team. Hope things turn out well...... and I do believe she won't be able to sue if she wasn't doing what was asked anyway! Quote Link to comment Share on other sites More sharing options...
narnia Posted June 25, 2009 Share Posted June 25, 2009 .............can i just add to this and say it might be time to review how you store things?? If it wasn't her, could the others have been bumped anyway?Or a child, if it had fallen out on them? My cupboards were real glory holes and things were always jumbled up and then falling out on us.So, we had a really good sort out, stuff went in the bins, or to charity shops etc and we finally have beautiful, labelled store cupboards. And I agree, 3 WEEKS??? She's taking the proverbial! My doctor only gave hubby two weeks at a time and that was for double pneumonia! ( good suggestion from Mrs W about the footwear, and from everyone else about her interfering and doing something she wasn't asked to).Good luck x Quote Link to comment Share on other sites More sharing options...
fizzy Posted June 25, 2009 Author Share Posted June 25, 2009 We do have a large cupboard which the children are not allowed to enter so there is never a risk for the children. I do feel worried as she has asked to see and have 3 copies of policys and procedures relating to staff and accidents and incidents. The hospital told her to rest it for a few days, then she went to the doctors who gave her the 3 weeks sick note. Unfortunatly she wont recieve ssp as she did nt earn enough money the previous 2 months before the accident. I ve suggested she may like to get a second opinion in light of reciving no pay and offered her light duties, paperwork away from the children if she could get signed back on again. Shes coming in this morning with her husband to sign the accident report form, as didnt sign it after the accident as we used the childens one and not the staff one. Although i ve check and an accident form is an accident form. Im dreading this morning! Quote Link to comment Share on other sites More sharing options...
JacquieL Posted June 25, 2009 Share Posted June 25, 2009 PS Sorry about the way my messages are appearing. I have been made aware of this and asked to fix my ticker thing but I can't work out how to do it. If anyone with a ticker knows how to change it or delete I would love to know. Yes isn't it odd. I have had a go for you as well, but don't seem to have achieved anything. We have had some problems with Tickers before, and did suggest that people didn't use them as they also stretch out posts, and for those members using screen readers they cause real difficulties. Quote Link to comment Share on other sites More sharing options...
Guest Posted June 25, 2009 Share Posted June 25, 2009 What a silly woman you have Fizzy! There are names for people like her (can't actually remember what they are, but there are some!) A table only has to look at me and I bruise! In my last job I sliced my finger on a kitchen knife whilst peeling some spuds - lots of blood and a dizzy ppp! Should I have been given protective gloves? I had a blue plaster, cup of tea and a sit down (sit down and cup of tea came after cooking the lunch!) Yes I'm making light of your situation and I can understand your worry but as other posts have said, there is a lot more in your favour and she won't make herself very popular in your setting! Sadly in this world we can't do anything without fear of repercussions - especially in our line of work! Stay strong! ppp Quote Link to comment Share on other sites More sharing options...
fizzy Posted October 8, 2009 Author Share Posted October 8, 2009 Just to up date you all, i recieved a letter from her solicitor this morning Quote Link to comment Share on other sites More sharing options...
Rea Posted October 8, 2009 Share Posted October 8, 2009 Are you a member of the PLA? If so I'd phone Lawcall asap to get your own representation. Presumably you wrote the incident up at the time and you can print this thread off too I suspect. Hope it all turns out ok for you. Quote Link to comment Share on other sites More sharing options...
Upsy Daisy Posted October 8, 2009 Share Posted October 8, 2009 Oh fizzy you must have felt sick when you opened it. Your gut instinct about her was right then. What a shame that we live in a society where people try to take advantage in this way. I really hope that this all comes to nothing and she has to accept that she was in the wrong by being in there in the first place. Is she still working for you? If so that could be interesting! Quote Link to comment Share on other sites More sharing options...
SueT Posted October 8, 2009 Share Posted October 8, 2009 Fizzy - it sounds like she is making a claim against your Employers Liability Insurance, so you should probably get in touch with your insurer - this is very common these days - you may have seen/heard adverts for companies offering no win no fee claims for employees who have had an injury at work. Employee is basically after a monetary pay out from your insurers. Good Luck! Quote Link to comment Share on other sites More sharing options...
Guest Posted October 8, 2009 Share Posted October 8, 2009 Just to up date you all, i recieved a letter from her solicitor this morning [/quot OMG the world has gone sue happy Why would you want to sue for something like that, and like others said what doctor would give you a sick note for 3 weeks for a bruise!!! I had a sash window slam down on my fingers one day - it bought a tear to my eye I have to say and was painfull for a few days - but as I was the owner at the time I couldn't sue myself could I! Reading this I'm glad it didn't happen to one of my employees - they may have sued me! Make sure you have all the facts to hand and don't let her win, she shouldn't have been doing that job anyway!!!! Quote Link to comment Share on other sites More sharing options...
sunnyday Posted October 8, 2009 Share Posted October 8, 2009 Crikey - Fizzy - how awful for you....... What, if anything has happened between June and now? Did she take her three weeks off - how bad was her injury - did she return to work? Quote Link to comment Share on other sites More sharing options...
Cait Posted October 8, 2009 Share Posted October 8, 2009 Honestly - when I think of all the things that have happened to me at work over the years! Some people eh! Quote Link to comment Share on other sites More sharing options...
Guest Posted October 8, 2009 Share Posted October 8, 2009 Same here cait, all i can say is what goes around comes around!! good luck fizz. Quote Link to comment Share on other sites More sharing options...
Guest Posted October 8, 2009 Share Posted October 8, 2009 sorry fizzy x Quote Link to comment Share on other sites More sharing options...
fizzy Posted October 8, 2009 Author Share Posted October 8, 2009 (edited) I have been in touch with my insurance company, and she was lovely. She told me not to worry and they will send someone out to me. Half the documentation that i have to give her solicitors, i have never even heard of let alone got! I did get in touch with hse at the time so i have that documentation and an accident report form, but they have asked me for about 15 different documents The girl doesnt work with us any more, she handed her notice in a day before we were due to go back after the summer holidays, and decided not to work her notice! very considerate ah I have seen her out and about, and so have other staff members, and shes fine. I am worried, all i wanted to do is work with children, not deal with all the s*** that goes with it Edited October 8, 2009 by fizzy Quote Link to comment Share on other sites More sharing options...
SueJ Posted October 8, 2009 Share Posted October 8, 2009 A lesson to us all to be careful and make sure we dot our i's and cross our t's. I hope all goes well for you fizzy but it is symptomatic of the times that everyone seems to be out to make a fast buck off the back of someone else. Keep us posted Quote Link to comment Share on other sites More sharing options...
Guest Posted October 8, 2009 Share Posted October 8, 2009 Good luck fizzy - it seems your insurance company are on the case - she sounds like a proper baggage as my Granny would have said - her actions speak volumes don't they? Stay strong x Quote Link to comment Share on other sites More sharing options...
Guest Posted October 8, 2009 Share Posted October 8, 2009 I'm so sorry to hear that you are going through this, but it is your public liability she is claiming off and the Insurance company will deal with it for you. Once my deputy fell from the step ladder in our store room, she apparently ( I wasn't there when it happened) was knocked out for a few minutes but then stayed at work, she was also at work the next day ( a Friday). During the weekend her hubby phoned me to say she was very ill in hospital due to the knock on the head. Because of the hospital admission I contacted HSE, my Insurers and Ofsted. She recovered and on her return I actually told her to claim through my public liability insurance ( I paid enough premiums over the years to have it). If I remember correctly she was not entitled to compensation as it was deemed an accident and not through any neglect on my part as her employee, the HSE inspected the ladder, and suggested we get a new one, which we did. My staff member didn't follow the safety instructions labelled on the ladder ie: have someone holding it, so I was not liable. Because she didn't get any public liability pay out I did actually claim loss of earnings for her through my PLA Insurance cover, it was only £50 per week, but again I had paid premiums for such cover. I think it is sad that your member of staff didn't persue this at the time and that this bolt out the blue has landed on your door mat. As others have said we are becoming a litergation (spl?) nation. Please believe you are not at fault here, she is just playing the system. Let us know how it all goes. Peggy Quote Link to comment Share on other sites More sharing options...
Guest Posted October 9, 2009 Share Posted October 9, 2009 Hi Fizzy, This happened to me a couple of years ago, I won’t go into details but a similar situation that resulted in a previously existing condition being aggravated by an accident at work. Once it is in the hands of your insurance company they will work on your behalf. I would ask the members of staff present at work on that day to write factual signed statements detailing exactly what happened, your insurers may ask for this. I found the situation not so much stressful ,as personally hurtful as once the solicitors get involved ( lets face it they need to find some evidence or they don’t get paid) the very loyal ex-member of staff who I had really looked after well, started to fabricate and embellish the situation and basically lied about her part in the accident and her salary deductions. Fortunately I had all the appropriate paperwork , contracts and copies of her payslips etc. to prove that show as not telling the truth My staff team were very supportive of me personally and each other as they became aggrieved /upset when the claimant denied their true statements (all 4 of them) which referred to different things related to the accident. The ex staff member gave notice stating that she was medically unfit to return to childcare, ultimately she received a compensation payout which was probably enough to go on a family holiday, she lost all her colleagues/friends and her job. I understand that this is upsetting for you and your team, but explain to them that this is just the normal day to day operation of how insurance companies work, although we are shocked by peoples morals and behaviour they have seen it all before. Good luck , but just do as the insurers ask send in what they ask for, if you haven’t got it then tough!!, get on with your own life and put this on a back burner only to give it your attention when you absolutely need to, and don’t rush in replying to insurers letters, no point in rushing things is there ( she can’t book a holiday until she has the cash in her hot little hands can she?) Take care Julie Quote Link to comment Share on other sites More sharing options...
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