accident at a casual job

[daisey22]

I am posting this for a friend of mine. He was interested in employing a plasterer for his building firm which up to now he ran on his own. The guy in question came to work with him for a week on a casual basis to see if they could work together. The guy was rushing round and my friend told him to slow down as he did not want accidents in the workplace. The guy had a bucket full of tiles on his shoulder and instead of stepping down two steps he jumped them and broke his foot. The guy was not employed as yet, a contract was being drawn up for the following week if he was ok during the week he worked casual. My friend is now worried what will happen as the guy is phoning for sick pay, even if he had signed a contract the week after it did state that it was only statuary sick pay. Where does my friend stand, can he be sued for an accident in the workplace even though he did not work safely, jumping off steps? He was not employed at the time by the company but working as a casual, what rights do they have? Can my friend get into serious trouble? He has not got insurance for employees are he never had any but was getting some when the guy would be taken on.

[starmack]

The guy shoud possibly have been asked, as part of Health & Safety compliance in most European frameworks, to supply your friend with his Statement of Work Practice and Methods. Insurers can be sticklers on this....

[daisey22]

this was all going to part of the official contract had they got that far. Thanks for your answer. ;-)

[riskman]

Hi Daisy
1. The guy was self-employed at the time of the accident.
2. A broken foot is reportable under the RIDDOR regs (the injured party should report (to the HSE) but it would not do your mate any harm to do so)
3. Make a record of the events (an Accident Investigation)
4. The Injured Party (IP) as no claim on your mate for Sick Pay as no contract of employment existed - for him to sort out.
5. Your mate is currently a sole trader and may be relying on his household insurance to provide cover - again EL insurance does not apply as no contract existed.
6. The IP can sue your mate for injuries and loss of amenity etc. but needs to show a breech of either your mates duty of care to the IP or a breech of statute - from your description of events this would seem unlikely to succeed.
7. If the IP goes as far as getting a solicitor then your mate should do the same as to deal with this personally will be frought with difficulty.
sorry for the long answer but hope it helps...

[susanlappin31]

yes, your friend can sued for accident at work claims for compensation even though he haven't sign a contract yet..