Accident on duty Who is to blame

[music4essex]

I know it's me again I seem to clog the forum up with mishaps

I would like some info please

Yesterday I was walking my cycle loaded across our yard in work, This yard is quite small and at the time it was busy with vans and cars coming and going, I had my hi vis stormproof coat on, and the Lino called me to ask me a question and came over to the middle of the yard to ask me this, so we had stopped in the middle of the yard. I was holding my cycle side on the lino was on the other side of the bike, but without hi vis on

A post person in there car a few feet away started to reverse, the lino put her hands out to try and stop the car and shouted the persons in the car name, but it caught my cycle and consequently with the weight of the bags and pannier with mail the bike fell over pulling me down with it, but I was able not to actually fall right over, But it did twinge my back and after a while of being on delivery my back started to hurt more in feeling nauses and my back tightening up and felt like being crushed or bear hug, this carried on,( now I already have a back problem due to another accident on duty almost 2yrs back and due to go to a explority procedure in 2 weeks time,

Today I went off sick, but they pulled the postperson into the office and said she was to blame, I said that I think it should be the lino as if she had not stopped me to ask a question I would not have been in the position I was.and the accident would not have happened, also i have not been back to work just phoned in sick at 4.30 this morning.

How do we go about this, I want advice on what to do, before I return to work, they are trying also to say I have an existing problem which I have but the incident caused me to have a more back pain then i already have,

Any advise would be helpful, for the both of us the other postperson is distraught over it and we also have 3 other witnesses to it,

Do I need to also contact our area H&S rep

Have a good weekend

Essex Mum

[TrueBlueTerrier]

Thats quite a hard one to answer but - and its my own opinion obviously - the blame for the accident should be apportioned to varying degrees to all of you

The major part of the blame would be on the person reversing the car, they have the ultimate responsibility whilst driving to not endanger other road users and pedestrians.

The 2nd part of the blame would be on the manager for 1. Not wearing a high vis in a dangerous area with vehicle movements being a potential hazard. 2. Not taking her responsibility for "duty of care" and H&S by choosing a better location to have a word.

You would have some blame, but the least imho. You could have recognised the danger and suggested that you and the manager move to a less hazardous area.

-------------------------

As for the injury again that's a difficult one because the accident has exacerbated an existing medical condition so yes contact the Area H&S rep and get his guidance - both on the injury and the accident itself.


Sorry if this first part of my posts is not what you wanted to hear but I am afraid in law the driver of any vehicle has the ultimate responsibility for ensuring any manoeuvre they do is done in as safe a way as possible.

[noggin1969]

The c

[Judgee]

Without a doubt in my mind the driver is fully responsible for this accident. When manoeuvering a vehicle it is always the driver that must proceed with full care and attention. As for your injury due to the accident, you have a witness in your Lino and a full report of what happened. I can't see how they can hold you responsible for this in any way and as an accident in the work place there should be no comebacks as to time off etc.

Oh and as you do seem to get invoved in lots of mishaps have you considered investing in some bubble wrap?

[demon]

the postie in his own car is to blame no matter what as he was in the yard in his own car

[coxie]

Does your yard not have a designated walkway? if you were not riding your cycle then you should use it, I believe every office should have 1. Also are private cars permitted in your yard?

[brothermagrew]

Suggest you should read and digest HSG136 Workplace Transport Safety.

http://www.hse.gov.uk/pubns/priced/hsg136.pdf" onclick="window.open(this.href);return false;

[music4essex]

Thanks to all who gave advice , I went off sick for a few days and returned to work on wed,
I will try and answer the questions that some of you asked , but RM are still investigating so will not put too much in


[quote][/quote]Also you say the driver was in their car , are people allowed to bring private vehicles into your yard and was the vehicle being used for delivery of mail ( insured by RM ?! ).Yes they are both RM workers and Members of the public so sometimes it is like a free for all JMOP

Coxie Yes there is a designated walkway but where our bikes are parked you would have to walk cycle across yard to get to it

Demon Private cars are used by RM posties in our office and mnanagers turn a blind eye even though many times I have bought this up in weekly huddle

Judgee You made me laugh out loud with the quote of using bubble wrap

TBT Brother Thankyou also for your imput,

I had a bit of trouble in work when I returned even got quite nasty as runours went round I was going to take the car owner to court, but after I explained to someone that I was not and that I thought it was the lino/managers fault anyway,
the lino unfortuanatly made a comment to the person who reveresed that she was to blame and that was before it had been investigated which has been taking place over the last few days.


I am off to the hospital next week to hopefully find out the problems with my back due to the previous injury quite worried really.
Have a good weekend
Essex mum