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Personal Injury Log - Regulations

 
 
Nocab
 
Reply Fri 21 Dec, 2018 03:02 am
Following an accident in my local gym, I have found out that despite being advised by my trainer that he would log my personal injury, he didn't. I subsequently wrote to the gym via their website to ask for the injury to be logged, but still nothing.

Today I was asked to go in to the gym to speak with the manager having ask for the gym to be reviewed by the council regarding their operating standards.

The manager sat down and began filing out my injury log, whilst supervised by a security guard!!!

Whilst completing the log, following a question and answers approach, the security guard kept advising the manager what to write i.e. don't put down that it was an injury, put down that the client suffered some pain etc etc etc

When I came to read the report it in no way reflected what had happened and to all intents and purposes was written to dismiss any responsibilities the gym or PT had with my injury, so I refused to sign it and was escorted off the premises.

What I would like to understand is, are there any regulations that support this process.

I was advised that the clubs PTs/Reception/Security would always log an injury when reported and then CCTV would be locked down to support, but in my case this did not happen. My PT said he would log the injury as this occurred during a training session with him as I was in serious pain at the time, but I subsequently found out he didn't.

The Club appear to be trying to cover this up and at no point have they ever advised club members that the responsibility is actually theirs re logging an injury.

Any help much appreciated.
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Type: Question • Score: 5 • Views: 421 • Replies: 8

 
jespah
 
  4  
Reply Fri 21 Dec, 2018 07:17 am
@Nocab,
Write down what happened. And call your lawyer.
PUNKEY
 
  2  
Reply Fri 21 Dec, 2018 02:39 pm
My hand got caught in a sliding door at the drive thru some years ago. (It did not have a bounce back mechanism)

I just yelled at the drive thru window teller and told her.

I should have driven around and walked into the bank and had them call for medical help.

I did let the teller know that I was going to Emergency., so I had some medical record of what happened.

Hope you have some kind of dated medical record. Otherwise you can’t claim injury.
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Nocab
 
  -1  
Reply Fri 21 Dec, 2018 04:46 pm
What I would like to understand is, are there any regulations that support this process.


URL: https://able2know.org/topic/489540-1#post-6762529
Nocab
 
  0  
Reply Fri 21 Dec, 2018 04:47 pm
@Nocab,
I.E are the gym legally responsible for logging the injury given that they were aware of it, or at lest their PT was?
0 Replies
 
tsarstepan
 
  2  
Reply Fri 21 Dec, 2018 04:59 pm
@jespah,
jespah wrote:

Write down what happened. And call your lawyer.


Seconding this. If you are legitimately a victim as you claim, don't waste any time here. Consult an actual practicing injury specialized attorney.

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PUNKEY
 
  1  
Reply Fri 21 Dec, 2018 08:18 pm
“Logging the injury” might be company policy, but not a legal requirement. Your lawyer will find out.

And besides - as you found out - you had no control about what was written.

So it’s up to you to document the injury with proof and witnesses, if you choose to take this any higher.

Did you seek medical attention after the incident?
0 Replies
 
NO-NAME
 
  2  
Reply Sat 22 Dec, 2018 02:08 am
I unfortunately have been in the gym industry for pretty much all my working career and finally I've dug myself out of that hellhole of a false representation of a company called the gym industry I've been a personal trainer private coach head trainer assistant manager manager I've been all the positions and at several different companies which I will not name for obvious reasons but I will say this it's going to depend a lot on if you had a trainer that was contracted or actually work for the same company that the gym was believe it or not it's very common to walk into the gym and even though the trainers look like they work for that gym they're actually at kiosk and a totally separate company

but either way you're still going to have a couple of problems

first one being it was not filed directly when it happened that one's going to hurt you in court and every company has policy that they drill into their trainers and managers when there's an incident fill out the incident report things like that

however there's not much need for the incident report because as you experienced it can be manipulated on the spot and unfortunately doesn't necessarily matter that much because when you sign up to the gym you signed a waiver that they were not liable for you getting injured and then when you signed up for personal training you signed a spot where you are releasing responsibility from the trainer and the company for any injuries you may get during the training session

so basically from the second you walk in the door you're responsible for yourself now it's going to depend a lot on how the injury happened don't pull the cameras and obviously like if your trainer through a 45lb plate at you and broke your ribs yeah you're about to be a rich person but if there's no signs of injury happening throughout the entire session that's probably going to get chalked up to an unfortunate mishap on your part

now I have no idea how big of a company that's is that you go to but the court system takes forever to get anything done but I will give you this last bit of advice if you want to get any type of ball rolling on this you're going to have to bypass the gym and go to the corporate office itself somehow get a number or something to contact them because the manager is either swamped with work that he'll never get done and so the last thing he's going to be able to do is help or the last thing he's going to do is let corporate know about it so he doesn't get his ass chewed out for that on top of all the other things he's getting his ass chewed out for and they will run you through the loops forever and all that time the corporate office will never know this even happened unless you can get ahold of them. But I wouldn't put too much in the trainer the trainers are never allowed to do anyting other than train the clients they were given as far as legality or any type of paperwork you got to go to either the fitness director or the general manager or the best option would be straight to the corporate office next best thing to that would be the VP there's usually a VP over 5 to 10 gyms in specific location
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bunnyhabit
 
  0  
Reply Sun 23 Dec, 2018 10:48 am
regulations vary from country to country from no regulations to extensive regulations. without knowing your country impossible to comment on your question.
0 Replies
 
 

 
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