work joke gone bad

Amsteresident

Hi there, I work in an SME and the other day my colleague wanted to pull a practical joke on me. It was very quiet in the office and the person came behind me and burst an air-filled bag beside my head (one of those used for protecting goods in shipping).

Long story short: had to go to the doctor , then to eye and ear hospital and I have to go back in tomorrow for more tests. There's pain and ringing in my ear.

There was an incident report filed.

What is the best way about approaching the company about this?

How can I apply for the money I missed out on? I am not paid for sick days.

And also, because this happened at work, do they bill my company for medical expenses?

Thanks for any insight.

Mrs OBumble

Amsteresident wrote: »

How can I apply for the money I missed out on? I am not paid for sick days.

And also, because this happened at work, do they bill my company for medical expenses?

If you have been sick for more than six days, you can apply to Welfare for Illness Benefit. Less than six days, there's no cover. (Welfare rules were set of the basis that companies pay sick leave, when the reality is that lots don't. It sucks.)

Whether your company pays your medical expenses depends on their policies. Some don't (because they've had legal advice that doing so looks like they're admitting liability). Some do. But a SME might not take kindly to having to pay for employee pranking AKA stupidity.

If you think the expenses might be substantial, it could be worth consulting a lawyer. If it's smaller, just read up on things here yourself: http://www.injuriesboard.ie/eng/

haveringchick

I have zero sympathy for the so called prankster in this case and would almost consider that kind of messing a form of bullying
I would expect this person to compensate you in full for every penny your out of pocket and count themselves lucky that your not persuing them for "pain and suffering"

Amsteresident

Thanks for the tips on this. I advised my health insurance company who told me the bills for the eye and ear hospital specialist and the doctor will be addressed to my employer and not to me.

As for the damage: I have tinnitus now which is non stop ringing in my ear, I spent the last few days with headaches and pressure in my head.

I should have mentioned that it was in fact my immature manager who did this to me, which makes the situation at work a bit difficult. She told me I don't know how to take a joke, and that I am "over reacting and making a big deal out of nothing". Then went on and told me that because of me reporting this issue to HR she is being sent on a first aid course.

I will be meeting HR again next week to discuss this further as I don't think being antagonized after being the victim of this person's stupid prank is at all fair.

Penny Tration

Report what she's saying to hr. Sounds like she's trying to force you to drop the whole thing even though you're injured because of her!

Polo_Mint

anything could happen with your manager here

As there should be an investigation, make sure you note everything down while its fresh and also everything your manager or Hr say to you going forward.

Also request everything in writing if possible.

As this is a serious issue regarding injury, Your manager could get suspended while an investigation is ongoing as it might not be seen as an accident

haveringchick

Your "manager" is totally unsuitable for management and her superiors deserve to have all the info surrounding this incident and its aftermath
As suggested above document everything and report all to HR

UpCork

This is a terrible thing to have happen to you.

I am in agreement with previous poster. Very immature behaviour from a manager. Sounds like something my boss would do

Tinnitus is no joke. My Mother suffers from it and it is very uncomfortable. I hope you feel better soon.

Francie Barrett

Is your manager even the least bit remorseful?

Mahogany Gaspipe

I think posters should hold fire on judgement regarding the spirit in which the incident took place. It does sound like a practical joke gone wrong. The joke was presumably to frighten with a shock rather than to deafen you.
Bizarre that your manager would pull such a stunt.

Anyway irrespective of the incident you are now left with what may be a life-long health problem, I speak from personal experience.

Twenty years ago some similar joker decided to throw a banger into a crowded pub right behind where I was sitting. Since that day I have had constant ringing (Tinnitus) in my left ear.

There is no cure for Tinnitus or effective medications only therapy management steps to help the suffer ignore the incessant buzzing.
Treat this incident with the utmost seriousness.

MarkAnthony

The quick and dirty way to get some compensation will be to report it to the guards and fallow through on an assault case. Alternatively pursue the civil side, longer and more drawn out but probably the best bet.

L.Jenkins

The more vital thing you can do in this case, is to find a witness if possible, someone who is on your side. This could serve you well in any meeting with HR, that will allow for a 3rd party to be present.

Flatzie_poo

Mahogany Gaspipe wrote: »

Twenty years ago some similar joker decided to throw a banger into a crowded pub right behind where I was sitting. Since that day I have had constant ringing (Tinnitus) in my left ear.

Wow.

Just wow. :eek:

Am I so out of touch with my humour!?

mad m

Afaik if it was an accident at work you should not lose any money whatsoever, plus if you are out sick because of this for more than 3days your job has to contact the HSA...

http://www.hsa.ie/eng/Topics/Managing_Health_and_Safety/General_Application_Regulations_2007/Accident_Reporting/#reportableaccidents

Also did you fill out an accident form?

road_high

This is assault. It must have been a pretty Big Bang to do that kind of harm as well, stupid thing to do.

TallGlass

Amsteresident wrote: »

Thanks for the tips on this. I advised my health insurance company who told me the bills for the eye and ear hospital specialist and the doctor will be addressed to my employer and not to me.

As for the damage: I have tinnitus now which is non stop ringing in my ear, I spent the last few days with headaches and pressure in my head.

I should have mentioned that it was in fact my immature manager who did this to me, which makes the situation at work a bit difficult. She told me I don't know how to take a joke, and that I am "over reacting and making a big deal out of nothing". Then went on and told me that because of me reporting this issue to HR she is being sent on a first aid course.

I will be meeting HR again next week to discuss this further as I don't think being antagonized after being the victim of this person's stupid prank is at all fair.

Wow. Well shes not fit to be a manger that is for sure. I would go to the cleaners on her. Has she missed the boat on the fact that she has hospitalised you? If you really want to go the distance on this one, I would be a solicitor in on this one.

I would be fuccking fuming if I was you.

Arbiter of Good Taste

Your manager is a moron - moreso as she has shown no remorse and is trying to blame you for being put on a first aid course. I never cease to be surprised by the cheek of some people.

There's some good advice here. Keep in contact with HR, record everything in writing, Speak to a solicitor as you don't want anything said or agreed to now to prevent you from taking a case against them in the future.

Also, a good rule of thumb to remember is that HR are ultimately there for the good of the employer. They are not on your side. So I would consult with a solicitor before signing anything or agreeing to anything

Shop40

OP I'm shocked reading this. Your manager sounds like a right twat.
I would be contacting my solicitor regardless.

turbot

OP, get legal advice immediately. Like - today.

If that was very close to your ear, this could have ruptured your ear drum or caused other injuries not dissimilar to being in close proximity to a firework based upon the change of airpressure. This could potentially lead to longer term issues with tinnitus or impaired hearing etc which is not trivial and a total pain.

As part of this, make a clear full exact description of what occured.
Put this in writing - on a fact basis.

Make all notes of the context, people there, the time, as best as you can remember it. If there are any witnesses, this is important to note too.

MayoAreMagic

All this talk of bullying and solicitors would make you despair. I doubt there is a person on the thread who hasn't played some form of small joke on a friend at work. This one just went wrong, and that can happen to anyone. The op should keep speaking to HR and try to come to a satisfactory conclusion, in as reasonably a fashion as they can - you will still both be working in the same roles when this is over. Maybe actually speak to your manager in private and make the point that while you realise it was meant as a joke, it has done some permanent damage to your hearing and that needs to be sorted out. Solicitors should be the last resort.

ahnowbrowncow

MayoAreMagic wrote: »

All this talk of bullying and solicitors would make you despair. I doubt there is a person on the thread who hasn't played some form of small joke on a friend at work. This one just went wrong, and that can happen to anyone. The op should keep speaking to HR and try to come to a satisfactory conclusion, in as reasonably a fashion as they can - you will still both be working in the same roles when this is over. Maybe actually speak to your manager in private and make the point that while you realise it was meant as a joke, it has done some permanent damage to your hearing and that needs to be sorted out. Solicitors should be the last resort.

What would you see as a satisfactory conclusion to permanent damage, constant ringing in ones ear?

You think having a quiet chat with the manager will solve this when they're trying to downplay the seriousness of this?

A solicitor is 100% needed, it was supposed to be a harmless prank but it didn't turn out that way. I dislike compensation culture but the op was totally innocent in all of this and deserves to be adequately compensated as this has lifelong consequences.

Isaiah

I dislike people suing for petty reasons, but in this case there IS a reason if the OPS description is accurate.

It was assault and bullying. The manager sounds very immature. HR and a solicitor is needed, there has to be a formal apology issued, a discipline of the manager and compensation for the injury.

MayoAreMagic

ahnowbrowncow wrote: »

What would you see as a satisfactory conclusion to permanent damage, constant ringing in ones ear?

You think having a quiet chat with the manager will solve this when they're trying to downplay the seriousness of this?

A solicitor is 100% needed, it was supposed to be a harmless prank but it didn't turn out that way. I dislike compensation culture but the op was totally innocent in all of this and deserves to be adequately compensated as this has lifelong consequences.

A satisfactory conclusion is that the op is adequately compensated and that future working dealings are not made untenable. Instantly 'lawyering up' might sort the first part (or it might not), but it wont address the second part, in fact it will probably make it worse on that front. People forget, when these things are said and done, tomorrow is a new day. It is very easy to sit at a keyboard and tell others to go flat in a situation like this and take everyone down, but would they do it themselves? I don't believe so. As I said, seeing a solicitor should be a last resort, that isn't to say it is something that shouldn't be visited, but rather only when other options have failed. Going straight to a solicitor in that type of situation is an inflammatory action and what is more, it will be viewed that way higher up the food chain. If you think it wont you are kidding yourself. Put in for a promotion in a year's time and see how it goes. The bigger picture of your career also needs to be considered.

TallGlass

MayoAreMagic wrote: »

All this talk of bullying and solicitors would make you despair. I doubt there is a person on the thread who hasn't played some form of small joke on a friend at work. This one just went wrong, and that can happen to anyone. The op should keep speaking to HR and try to come to a satisfactory conclusion, in as reasonably a fashion as they can - you will still both be working in the same roles when this is over. Maybe actually speak to your manager in private and make the point that while you realise it was meant as a joke, it has done some permanent damage to your hearing and that needs to be sorted out. Solicitors should be the last resort.

A joke is a small joke. Like putting the volume up on your work phone, not bursting a balloon beside someones ear/eye.

As for working in the same job, if that was any of the places I worked in she would be out on suspension with pay. From reading this it is not a joke, it is bullying and assault. I for one wouldn't find someone popping a balloon beside my ear funny nor would I find it funny been done to someone else, I would in fact think that person to be a total prat.

He did speak to her and she couldn't give a ****, I think that manager needs to release the gravity of the situation they have put themselves in.

It's this type of thread/manager that goes hand in hand with the other threads on here about 'leaving my job on time is frowned upon', total clowns.

MayoAreMagic

MayoAreMagic wrote: »

A satisfactory conclusion is that the op is adequately compensated and...

.....and what? that's it. OP gets compensated. Wrongdoer gets made an example of so other gombeens realise that Stupid Mistakes Have Serious Consequences.

MayoAreMagic wrote: »

Instantly 'lawyering up' might sort the first part (or it might not), but it wont address the second part, in fact it will probably make it worse on that front. People forget, when these things are said and done, tomorrow is a new day.

Guess what? there's something in your ear that won't let you forget. it goes EEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEE in your ear, day in, day out. That's tinnitus. no different if you had lost a finger to a prank involving a sheet metal press. It'll always be there. Reminding you. Of what they did to you. And you want to turn the other cheek? maybe turn around, bend over and say "shur twas all in good fun, try again!". The Stupid Mistake has been made. The Serious Consequence must follow.

MayoAreMagic wrote: »

Going straight to a solicitor in that type of situation is an inflammatory action and what is more, it will be viewed that way higher up the food chain. If you think it wont you are kidding yourself.

Oh how learned of you. Let's sweep this one under the carpet eh? The evidence that this works is right here! in my brain! Listen to me! Forget the advice from those stuffy suits in the courts, or the Health & Safety Authority. Sure what do they know, they're no craic at all. You know it's all about the craic, right? What's a burst ear drum or a lost limb between lads having the craic, right?

MayoAreMagic wrote: »

The bigger picture of your career also needs to be considered.

Is that a threat? Because it sure sounds like one to me.

If you're in business, you act professionally. That's it. No bull****. Stupid mistakes have serious consequences. If you can't take that, go play with your dollies & legos & get the f*ck out of business.

MayoAreMagic

TallGlass wrote: »

A joke is a small joke. Like putting the volume up on your work phone, not bursting a balloon beside someones ear/eye.

As for working in the same job, if that was any of the places I worked in she would be out on suspension with pay. From reading this it is not a joke, it is bullying and assault. I for one wouldn't find someone popping a balloon beside my ear funny nor would I find it funny been done to someone else, I would in fact think that person to be a total prat.

He did speak to her and she couldn't give a ****, I think that manager needs to release the gravity of the situation they have put themselves in.

It's this type of thread/manager that goes hand in hand with the other threads on here about 'leaving my job on time is frowned upon', total clowns.

And what if that volume goes up far beyond your expectation and gives the person tinnitus? Cue a raft of posts about bullying and assault. Are you a 'total prat' there also? Who do you sue there, the phone company? Maybe she can blame the balloon company? You have to look at it from the other side also. It can be taken as read that she didn't expect it to be so loud, just like your work phone prank.

Re speaking to the manager, we don't know the details or context of this conversation, if it was a genuine meeting then fine, but that wasn't clarified. It could be a chat by the water cooler, where the manager doesn't know the full extent of the details.

the_pen_turner

i think you need to look at these situations as what was the intent.
if you put a wooopppy cushion on someone's seat you are expecting a funny sound and a bit of a laugh at their embarrassment. that's bulling or harassment but there was no intent to hurt the person.


turning up the phone above safe levels (is that possible ) and popping a balloon by someone's ear is designed to startle and frighten the victim with a load noise. there is a very obvious probability that something bad might happen and some injury occur.

I hate these work place jokes. totally inappropriate and dangerous. any manager who turns a blind eye or does nothing about it should suffer the consequences or their actions

in this case I think you should get a solicitor just to make sure that all the evidence is gathered correctly and that you have all the proper statements etc ready if there is a need to take this further

the manager should be suspended at the very least while the investigation takes place.

MayoAreMagic

Sea Slacker, this 'stupid mistake' was actually an accident that came from a well meaning prank. There was no intent to hurt anyone and despite your protestations, workplace jokes are a part of life. They happen, the majority of the time they are fine. You cant turn around and start pretending they aren't acceptable to suit yourself. This one just went poorly, and obviously there needs to be some repercussions, so my advice is to do that in a reasonable fashion, to agree upon a reasonable conclusions. What is reasonable obviously is down to the details. No more no less. The OP isnt getting any less doing it this way by the way. It is just a better way of dealing with it.

Your sensationalism isn't a help to anyone.

the_pen_turner

MayoAreMagic wrote: »

Sea Slacker, this 'stupid mistake' was actually an accident that came from a well meaning prank.(what , this was intentional and a prank designed to hurt the victim) There was no intent to hurt anyone and despite your protestations, workplace jokes are a part of life. unfortunately yes but that doesn't make them right They happen, the majority of the time they are fine. You cant turn around and start pretending they aren't acceptable to suit yourself.yes you can , its your life and if you don't want to be bullied like this This one just went poorly, and obviously there needs to be some repercussions, so my advice is to do that in a reasonable fashion, to agree upon a reasonable conclusions. What is reasonable obviously is down to the details. No more no less. The OP isnt getting any less doing it this way by the way. It is just a better way of dealing with it.

Your sensationalism isn't a help to anyone.no body is sensationalising this just stating facts. people are belittling the problem and saying its not significant[/QUOTE]

....

pgj2015

MayoAreMagic wrote: »

All this talk of bullying and solicitors would make you despair. I doubt there is a person on the thread who hasn't played some form of small joke on a friend at work. This one just went wrong, and that can happen to anyone. The op should keep speaking to HR and try to come to a satisfactory conclusion, in as reasonably a fashion as they can - you will still both be working in the same roles when this is over. Maybe actually speak to your manager in private and make the point that while you realise it was meant as a joke, it has done some permanent damage to your hearing and that needs to be sorted out. Solicitors should be the last resort.

are you a manager/boss by any chance? Don't take this advice op, do contact a solicitor and look for whatever compensation you are entitled to.

MayoAreMagic

the_pen_turner wrote: »

MayoAreMagic wrote: »

Sea Slacker, this 'stupid mistake' was actually an accident that came from a well meaning prank.(what , this was intentional and a prank designed to hurt the victim) There was no intent to hurt anyone and despite your protestations, workplace jokes are a part of life. unfortunately yes but that doesn't make them right They happen, the majority of the time they are fine. You cant turn around and start pretending they aren't acceptable to suit yourself.yes you can , its your life and if you don't want to be bullied like this This one just went poorly, and obviously there needs to be some repercussions, so my advice is to do that in a reasonable fashion, to agree upon a reasonable conclusions. What is reasonable obviously is down to the details. No more no less. The OP isnt getting any less doing it this way by the way. It is just a better way of dealing with it.

Your sensationalism isn't a help to anyone.no body is sensationalising this just stating facts. people are belittling the problem and saying its not significant[/QUOTE]

....

How do you know it wasn't well meaning? It might have been daft, but it wasn't designed to hurt anyone, that's ridiculous.
I disagree on workplace jokes actually, most of them are harmless and the guy at the butt of it often gets the biggest laugh. Nothing wrong with that it is good for morale. This nonsense that people should be like drones and that anything else is unacceptable, when that hasn't been the case up to this point, is completely disingenuous.

Also, I never belittled the problem once. I have repeatedly stated that the op gets satisfactorily compensated as a result. My point is going in like a bull in a china shop isnt the only way to get there, nor it is the best way.