Health & Safety News

H&S | 17.01.2020

Investigation of accidents and assaults by POA Health and Safety Reps

f there is an accident in the workplace the Health and Safety rep must be involved, this is covered within legislation under Regulation 6 of the Safety Reps and Safety Committee Regulations (SRSC) 1977 Inspections following notifiable accidents, occurrences and diseases.

Therefore, the POA Health and Safety Rep must have an agreement with the employer to be notified as a matter of routine whenever there is a notifiable accident, occurrences or disease. Even if the victim of an accident or near miss at work can claim against the employer, there is no amount of compensation that can pay for a death or serious injury. By investigating and identifying the cause of an accident or near miss, you can negotiate improvements to prevent it happening again.

If a POA member is injured at work or in the course of their work, they should consider making a claim against the employer. The claim would usually be (but not exclusively) either a Personal Injury, Stress Claim or a CICA Criminal Injury.

PERSONAL INJURY AND STRESS CLAIMS

How to apply

All members applying for legal assistance in relation to a Personal Injury or Stress claims must report these claims directly to the Unions Solicitors (Thompsons).

Applications can be made online at https://www.thompsons.law/start-a-claim or by telephoning Thompsons’ free phone number on 0800 587 7515 or by posting Form LA/190 to:

Thompsons Solicitors
Trade Union Call Handling
Synergy Building
Campo Lane
Sheffield S1 2EL.

The solicitors will ask you for any documents, photographs, videos etc so get these ready to send to them.

Limitation deadlines

There is a deadline for starting a personal injury or stress claim at court. After that time the court will generally refuse to deal with it (although there are exceptions). For almost all personal injury or stress claims that deadline is 3 years less a day from the date of the injury. Month-ends are treated slightly unusually.


Examples

If a member was injured on 13th June 2020 then the process must be started no later than 12th September 2023.

If a member was injured on 30th November 2020 then the process must be started no later than 28th February 2023.

If a member was injured on 28th February 2020 then the process must be started no later than 27th May 2023.

Accidents abroad may be subject to shorter limitation deadlines so do not delay.

CRIMINAL INJURIES COMPENSATION AUTHORITY CLAIMS

All members applying for legal assistance in relation to an Assault must complete a Criminal Injuries Compensation Authority form (CICA) and an LA/100 and send both to the Legal Department at Cronin House along with the following documents;

  • A copy of the entry in the accident book
  • DSS registration: (The POA is not responsible for the representation of members at DSS appeals)
  • Any witness statements
  • Accident investigation report (HMPS Accident Assault or Near Miss Report)
  • Photographs or sketch plan
  • Record of hearing and Adjudication form (HMPS F256)
  • Hospital or doctor’s appointment card and any correspondence in relation to the treatment received for the injury and the hospital reference number
  • The Crime Reference No:

Limitation deadlines

There is a deadline for starting a CICA Claim. For all CICA claims that deadline is 2 years from the date of the Assault. A Personal Injury Claim should always be submitted in addition to any CICA Claim but staff need to be aware of the different Limitation deadlines.

Yours sincerely

 

JOE SIMPSON
Deputy General Secretary