Culpability

[nobbyall]

Wonder if any one can answer the following please?

I am a local rep and a colleague has approached me for some advice. What has happened is as follows:

He was involved in a fall which has resulted in a injury to his right shoulder and it was recommended that he refrain from carrying out any driving that requires him to use his right arm.

It was recommended by his immediate manager not to drive a particular stock as it would aggravate the injury. This was then overruled by a higher manager and today, whilst driving the train he was restricted on, his arm has completely seized and now is signed off until he can have a scan.

I have informed him to contact our unions solicitors as i believe he may have a case of negligence against the company.

Am i correct and if so what would be the best way to take this forward please?

[Waterbaby]

Bump

WB

[abarnett]

I'd investigate whether there was any form of referral to an occupational health provider or any other medical guidance (GP fit note/letter etc) as to whether thee member should have been driving or not.

Also, was there any form of risk assessment regarding him conducting driving duties with the injured shoulder? there's obviously been a discussion with the line manager - has that been recorded in any way?

I'm not sure that the case would have legs (as the injury was pre-existing) but the union lawyers would give a better indication of it then I can. How you go about that would be subject to your own union rules - I'd contact your branch secretary to seek advice on that.

EDIT: welcome to the fourms nobbyall - glad to have you here!

[Alexis]

I'd investigate whether there was any form of referral to an occupational health provider or any other medical guidance (GP fit note/letter etc) as to whether thee member should have been driving or not.

Also, was there any form of risk assessment regarding him conducting driving duties with the injured shoulder? there's obviously been a discussion with the line manager - has that been recorded in any way?

I'm not sure that the case would have legs (as the injury was pre-existing) but the union lawyers would give a better indication of it then I can. How you go about that would be subject to your own union rules - I'd contact your branch secretary to seek advice on that.

EDIT: welcome to the fourms nobbyall - glad to have you here!

Hi nobbyall. Excellent advice from ab. as always.

Just a warm welcome from me. Others may have had this problem and may well still come in with what their resolve was.

Sorry I am unable to help. Good luck.

[nobbyall]

Thanks for the advice and the warm welcome received.