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**mark g8awo** · 16 July 2006, 08:21

surely if it happend on a works place and it is a serious injury the health and safety have got involved in their examination of the incident...

But my own experience of WH Smith is their is too many chiefs who dont want to do anything. Its bad enough trying to find someone to sign the paperwork for starters....

If you really get stuck in getting to london i might be able to help but i know there are a few surfers nearer to Leighton Blizzard that might be better for your needs...

Good luck and hope your partner has a speedy recovery

**charvell** · 16 July 2006, 08:34

Originally posted by Purpledoris

Hi guys
Been quiet for a while I know but something awful has happened and i don't know which way is up right now.
I shall try and be concise.
My partner Lindsay is a HGV driver and having recently decided to fold his groundworks business has been driving for an agency in Dunstable. his 2nd night on the job he was sent to drive a Wincanton rig out to London and deliver to WH Smith at Kings Cross. i had a call at 10.30pm from our best friend to tell me that he had suffered a serious accident on the loading bay and was being taken to hospital We got there about midnight and were immediately taken to rescus where we found out the extent of the injuries,He has fractured his pelvis in 8 places. Thankfully as yet there has been no organ damage found but he is in an awful lot of pain. He cannot eat as each time he does he vomits 4 pints of dark brown water (yes he has had a poo).
what I am after from you guys, if anyone can help is experience of the following:-

Wincantons training,health and safety procedures
Experience of the (apparently well known) loading bay at WH Smith Kings Cross
I am not being mercenary but the firm in question do not want to take any responsibility and are obviously trying to cover their backs and going up against such a major force will need all the help we can get.
We already have a witness who narrowly missed the same fate whilst working for the said firm but any more help would be appreciated.

If the supermarket cage which fell on Lindsay had hit him anywhere else he would not have survived - it was full to the top with bottled water.
And just to cap it we were supposed to fly out to Spain on Tuesday.

the other question is this - I am a wuss of a driver who doesn't do central london (my limit is in fact MK or Watford, $$$$ I know), If anyone is heading in that direction from my area Gizza lift!
Thanks for reading. I don't know yet when I will be back on line but any info will be really well received although I can't promise to reply to all - the mobile $$$$$$ phone is enough at the moment!
Night all

Lou

Sorry to hear that. I am not lorry driver but am in the medical proffession. It is worth asking the wieght of the trolley, and asking for the manual handling risk assessment for the task of unloading/loading it on or off the truck. The details of this assessment should have been communicated to the staff carring out the work. If not then they have broken the law. I know this is not much but its a starting point. I hope he recovers quickley

**surfcarl** · 16 July 2006, 08:49

do you know if the loading bay had cameras ?? most do to watch for theft...
this should at least show an account of what/why the accident happened.
may show bad/ awkward conditions, though, if they show/give a copy is another thing.....
hope your man gets well soon...

carl......

**That Ruddy Squirrel** · 16 July 2006, 09:41

Has this been recorded in the accident book ?

This may help - you can report the accident here, and it includes telephone numbers that should help.

Hope Lindsay gets well soon.

Trev

**sparkyaj** · 16 July 2006, 11:36

I'm so sorry to hear of Lindsays accident.

Usually most firms do not allow drivers to get onto the loading bay. Usual procedure is to open back doors, reverse onto bay when given the ok and then hand your keys into site office and wait in rest room on site until staff have cleared contents from trailer.

I dont have any personal experiance in the site which you are refering to, but Im sure HSE will be looking into the case.

All the best to a comfortable recovery.

**jaky cakes** · 16 July 2006, 11:36

I'm not a hgv driver but I'm employed as a safety officer at my place of work.

some good news - any accident at work which causes three or more consecutive days absence, is classed as a "serious accident" or dangerous oocurance and HAS to be reported to the HSE (health and safety executive).
as part of RIDDOR (Reporting of Disease Dangerous Occurance Regulations 1995)
this report should be filed by the employer even for contracted staff working on their site.
It may be worth a giving them a call to report the accident _ just in case WH Smith "forget".
Tel.. 0845 3009923 and ask for a F2508 (dangerous occurance at work) form.

As this is a "serious accident", the HSE will conduct it's own thorough investigation and those responsible for the accident - through their "acts or ommisions" will be prosecuted.
You may think you have little or no chance against the big boys (WHSmith), but believe me once you have the HSE on side you will see who the big boys really are!!!! After all, they have, in some instances, more power than the police, they can go anywhere, anytime and close places down in an instant.
hope this helps
Ali

**hawkwind** · 16 July 2006, 12:51

Sorry to hear your news and i hope he makes a full recovery.

As this was only his second night on the job, had he received any health and safety training?
If he has to be involved with loading/unloading of the lorry, then he should have had to undertake some form of health and safety course before being allowed near the vehicle.
Same goes for lifting etc, if he has not been shown how to lift correctly and pops a disc then the firm is liable.

**M35A2** · 16 July 2006, 19:51

I'm really sorry to hear about your blokes accident. Please give him my best wishes.

I am a class one HGV driver and work for a company that delivers for Marks and Spencer. Not knowing the full details I cannot comment on the accident, BUT, at our depot any agency staff have to have training prior to going out on deliverys. If he hasn't had prior training then Wincanton are neglecting their duty of care. If the accident happened inside the trailer then I would assume that it is the responsibility of Wincantons. If it happened on the loading bay, then it's the responsibility of WH Smith. As it happened on WH Smith property then they have the ultimate responsibility for the accident. If this loading bay is well known for being dangerous, and he wasn't made aware of the danger or was supposed to be trained in the use of it but wasn't and was told to do something that resulted in the injury then they would be at fault.

The best thing to do, as previously mentioned is get the Heath and Safety Executive involved. They will find out all the in's and out's about it. This loading bay should have been risk assesed for the type of work that is carried out. If it hasn't had a risk assesement then they are at fault. This will be in writing somewhere. Ask for the risk assesement and the date it was carried out.

I think you have a very good case for considerable compensation and criminal injury claim. You NEED a lawyer on this ASAP.

**da SLUG man** · 16 July 2006, 21:16

being an agency driver, you're rarely ever given training.

you're lucky to get directions!!

more than likely a cage loaded by a polish holiday maker that doesn't give a monkeys!

the gross weight should be printed on the cage (usually 250kg), but that doesn't account for it being unstable or top heavy, broken wheels etc.

it's impossible to say without knowing the exact details... was he using the dock leveller, was there any form of bridge between trailler and dock?

the HSE are VERY thorough, so i reckon they'll get to the bottom of it pretty quick!.

**Purpledoris** · 17 July 2006, 13:25

Thank you all so much - I have printed off the advice, taken numbers etc and seeing as we should have been in sunny Tossa de Mar am currently doing claim forms and paperwork in my bikini on my lounger!
I might even eat today although I could live off my reserves for a little while!
He had a good day yesterday but the enforced giving up of the fags has caused a cough and subsequent chest infection as he can't cough very well. This could delay his surgery on Wednesday but I'm keeping everything crossed - the sooner it happens the sooner he can begin the long recovery process and we might even be able to get him moved closer to home.
Thank you for all your good wishes

Louise

**pops** · 17 July 2006, 21:14

hope he recovers quickly and giving up the fags not a bad thing

i did it. but cant give up the chocolate tho

cant you go on Holiday when he's mending and out of hospital?

**Purpledoris** · 2 August 2006, 21:23

Well he came home yesterday. Surgery happened on 20th July by a top Harley Street guy (Johan Witt)who does his NHS stuff at UCH and he has been on the up since then. We have had to remodel downstairs (Not an easy task in an original layout victorian terrace - lots of tiny rooms) and he can't have a bath until he can manage to get up and down our very narrow steep stairs but has certainly improved in the short time he has been back.
Thank you all for your good wishes, it's very much appreciated! And if anyone has a spare self propelling wheelchair we can borrow.........

**stormforce** · 2 August 2006, 21:31

Originally posted by Purpledoris

Well he came home yesterday. Surgery happened on 20th July by a top Harley Street guy (Johan Witt)who does his NHS stuff at UCH and he has been on the up since then. We have had to remodel downstairs (Not an easy task in an original layout victorian terrace - lots of tiny rooms) and he can't have a bath until he can manage to get up and down our very narrow steep stairs but has certainly improved in the short time he has been back.
Thank you all for your good wishes, it's very much appreciated! And if anyone has a spare self propelling wheelchair we can borrow.........

glad his on the mend and he makes a good recovery

**slim** · 2 August 2006, 21:53

best wishes to you both!!

hope you have a speedy recovery

good look...

regards john....

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HGV Drivers - Help and advice needed

HGV Drivers - Help and advice needed

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