legal action against mistreatment

root • 8 April 2024
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Hi,

One of my community member(a student) was working as a mini job in a restaurant, During work one heater fell from upper shelf and hit her head. She was bleeding and asking for some one to call an ambulance. The Restaurant manager said it is not good for his restaurant reputation if you call ambulance there. She have walk down to the street and then from the street someone helped her and call the ambulance. 

My question is: What legal action can she take against this behavior. 

Thank you

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Answers (3)

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Hi root , I'm sorry to hear about what your community member experienced. Situations like these can be really distressing, especially when seeking help in a time of need. Your concern for her well-being and seeking justice is really admirable. The incident described is clearly unacceptable and may violate workplace safety regulations. I am going to link to two of the experts, who are active here on the forum. They may be able to give you legal advice Faire Integration Schleswig-Holstein Jens Leuner Faire Integration BB Best Barbara

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Faire Integration Schleswig-Holstein

Hello root, I'm very sorry to hear that. Did your friend tell the hospital that it was a work accident? How long was she unable to work? Did she get a doctors note? Also in what city does she work? I need to know that in order to tell you where she can file a complaint if she wants. Does she still want to work there? We can help her with the termination of the contract. If you want you can also call us: 043169668455
I hope I can provide you some general information that might help you.
The employer is obliged to ensure occupational safety as he has a duty of care towards his employees. However, the employee must also comply with the measures put in place by the employer (e.g. wearing protective clothing). Depending on the location, there are different authorities that control occupational safety measures.
If an accident occurs at work, first aid measures must be taken, the employer must document the accident and, depending on the severity of the accident, the first aiders decide whether an ambulance needs to be called or not. Since I can't tell how serious your friend's injury was (did she have a concussion, etc.), I can't judge whether it was reasonable to get to the doctor/hospital differently. The doctors, your friend and the regulatory authorities can best judge this. So if you tell, in which city she works, I can tell you which regulatory authorities you can contact to file a complaint if wanted.
Best regards
Faire Integration in Schleswig-Holstein

root

Hi, Sorry for the late reply.
1. Yes she have informed the hospital that it was a work accident.
2. She was not able to work for 2 days.
3. Yes she got doctor note also.
4. She live(also work) in Siegen.
5. She have already terminated the contract as she just have started this work 3 days ago and it was a mini job.

We will call you for further details if she want to file a complaint.

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