Accident at Work and Pay
Discussion
My partner was involved in an accident at work on Friday night, involving a faulty piece of equipment, this resulted in him attending hospital. He had a couple of x-rays, nothing broken, but he did suffer concussion and a whiplash injury.
He reported back to work (as per proceedure, and told them that he could not continue the shift), he was supposed to be in work Saturday and Sunday, and then again tonight and tomorrow.
He didn't do the weekend shifts, and due to the continued pain in his neck, went to see the GP yesterday who has signed him off for the rest of the week.
He phoned work today to say that he wouldn't be in tonight and tomorrow, obviously word got back to his shift manager who has phoned him to see what is going on. The manager kindly pointed out that my partner would not get paid for the shifts he has had off.
Now I know the company don't pay company sick pay for the first three illness days, but surely if the accident happened at work, due to faulty equipment, then he should be paid?
He reported back to work (as per proceedure, and told them that he could not continue the shift), he was supposed to be in work Saturday and Sunday, and then again tonight and tomorrow.
He didn't do the weekend shifts, and due to the continued pain in his neck, went to see the GP yesterday who has signed him off for the rest of the week.
He phoned work today to say that he wouldn't be in tonight and tomorrow, obviously word got back to his shift manager who has phoned him to see what is going on. The manager kindly pointed out that my partner would not get paid for the shifts he has had off.
Now I know the company don't pay company sick pay for the first three illness days, but surely if the accident happened at work, due to faulty equipment, then he should be paid?
The company will act to protect itself against an insurance claim so get some independant advice on what is / isn't being offered by them.
His shift manager is blowing a bit of hot air. I'd be very suprised if the firm refused to pay him his 'basic' wage considering he was injured at work, as this would refect badly during any claim.
If you have 'Legal Advice' as part of your Home Insurance it might be worth giving them a ring to see if your covered for representation otherwise get down the local Citizens Advice Bureau - or try their web page.
ETA: Hope he's not too badly hurt. As ridiculous as some H&S things are at the end of the day (from my point of view) I want the people who come to work, go home unharmed.
His shift manager is blowing a bit of hot air. I'd be very suprised if the firm refused to pay him his 'basic' wage considering he was injured at work, as this would refect badly during any claim.
If you have 'Legal Advice' as part of your Home Insurance it might be worth giving them a ring to see if your covered for representation otherwise get down the local Citizens Advice Bureau - or try their web page.
ETA: Hope he's not too badly hurt. As ridiculous as some H&S things are at the end of the day (from my point of view) I want the people who come to work, go home unharmed.
Edited by mk1fan on Wednesday 10th December 17:28
mk1fan said:
The company will act to protect itself against an insurance claim so get some independant advice on what is / isn't being offered by them.
His shift manager is blowing a bit of hot air. I'd be very suprised if the firm refused to pay him his 'basic' wage considering he was injured at work, as this would refect badly during any claim.
If you have 'Legal Advice' as part of your Home Insurance it might be worth giving them a ring to see if your covered for representation otherwise get down the local Citizens Advice Bureau - or try their web page.
ETA: Hope he's not too badly hurt. As ridiculous as some H&S things are at the end of the day (from my point of view) I want the people who come to work, go home unharmed.
Agreed.His shift manager is blowing a bit of hot air. I'd be very suprised if the firm refused to pay him his 'basic' wage considering he was injured at work, as this would refect badly during any claim.
If you have 'Legal Advice' as part of your Home Insurance it might be worth giving them a ring to see if your covered for representation otherwise get down the local Citizens Advice Bureau - or try their web page.
ETA: Hope he's not too badly hurt. As ridiculous as some H&S things are at the end of the day (from my point of view) I want the people who come to work, go home unharmed.
Edited by mk1fan on Wednesday 10th December 17:28
Technically they are being a bit harsh but have done the right thing.
If they were to pay the extra sick days then other employees could ask for the same when it next occurs for a different reason.
If they pay it, it's lost money anyway. They are probably be expecting a claim, and by law they must be insured, so the lost pay is just added to the claim which their insurance will cover.
mk1fan said:
The company will act to protect itself against an insurance claim so get some independant advice on what is / isn't being offered by them.
His shift manager is blowing a bit of hot air. I'd be very suprised if the firm refused to pay him his 'basic' wage considering he was injured at work, as this would refect badly during any claim.
If you have 'Legal Advice' as part of your Home Insurance it might be worth giving them a ring to see if your covered for representation otherwise get down the local Citizens Advice Bureau - or try their web page.
ETA: Hope he's not too badly hurt. As ridiculous as some H&S things are at the end of the day (from my point of view) I want the people who come to work, go home unharmed.
+1 His shift manager is blowing a bit of hot air. I'd be very suprised if the firm refused to pay him his 'basic' wage considering he was injured at work, as this would refect badly during any claim.
If you have 'Legal Advice' as part of your Home Insurance it might be worth giving them a ring to see if your covered for representation otherwise get down the local Citizens Advice Bureau - or try their web page.
ETA: Hope he's not too badly hurt. As ridiculous as some H&S things are at the end of the day (from my point of view) I want the people who come to work, go home unharmed.
Edited by mk1fan on Wednesday 10th December 17:28
As an aside, it really is worth taking the additional legal expenses cover on household insurance, they will stump up for this kind of thing.
He should keep a diary of how he feels, what he can do, what he can't do. He should record how the injury makes him feel and how it affects your family life. Keep a full record of all costs, including parking fees, phone calls. He should also write down clear details of the accident and anything else relevant - he'll be amazed how quickly he forgets things.
Brown and Boris said:
odyssey2200 said:
IIRC you boss is not necessarily alowed to phone you to ask what's wrong and
Really, so the employer has no right to know why you are off sick without certification? How many employers would tolerate that?Just wanted to say thanks to everyone for the information, have passed it along to the 'injured' party! Oh and he says thanks too.
Edited by speedchick on Wednesday 10th December 22:17
If he's got a whiplash type injury it might be worth him having a word with a chiropractor, osteopath or physio, the NHS aren't great at recommending these forms of treatment but the medical expert that examined me after my whiplash injury was pretty clear that my getting swift chiropractic treatment on the day of my RTA had probably shortened my recovery period.
Plus get icepacks on his neck ASAP, it will help
Hope he feels better soon, my RTA was the end of May and my neck is only now just about resolved (I said that in August and then woke up unable to move again so fingers crossed!)
Plus get icepacks on his neck ASAP, it will help
Hope he feels better soon, my RTA was the end of May and my neck is only now just about resolved (I said that in August and then woke up unable to move again so fingers crossed!)
Sounds like a 3 day lost time injury to me. I hope his firm have reported under RIDDOR. Have a read here:
http://www.hse.gov.uk/riddor/
http://www.hse.gov.uk/riddor/
Brown and Boris said:
odyssey2200 said:
IIRC you boss is not necessarily alowed to phone you to ask what's wrong and
Really, so the employer has no right to know why you are off sick without certification? How many employers would tolerate that?The employee still has a duty to inform the employer why they cannot complete their contractual obligations, otherwise they will be in breach. I will check whether the 'reasons' can be discussed, but I certainly know that an employee should keep the employer informed of when they can expect to return to work.
The employer can also ask for permission to speak with the employee's doctor about the condition, how it affects their work and if and when they would need time off.
I think the watchword here is what is reasonable for both parties.
Feel free to PM me, my wife is a solicitor with many years of experience in this area. She works for one of the top legal firms in the country, based in Oxford. She will be able to give "best practice" and advise on steps to take now, just in case.
It is wise to document everything, just in case you need to refer back to it at a later date. If you see any doctors or other medical practitioners, note down the dates and times, etc..
Better to be safe than sorry.
As someone mentioned check your home insurance cover, you may well have legal costs covered under this, should the need arise.
It is wise to document everything, just in case you need to refer back to it at a later date. If you see any doctors or other medical practitioners, note down the dates and times, etc..
Better to be safe than sorry.
As someone mentioned check your home insurance cover, you may well have legal costs covered under this, should the need arise.
ginettag27 said:
Feel free to PM me, my wife is a solicitor with many years of experience in this area. She works for one of the top legal firms in the country, based in Oxford. She will be able to give "best practice" and advise on steps to take now, just in case.
It is wise to document everything, just in case you need to refer back to it at a later date. If you see any doctors or other medical practitioners, note down the dates and times, etc..
Better to be safe than sorry.
As someone mentioned check your home insurance cover, you may well have legal costs covered under this, should the need arise.
Hi, is your wifes company taking ppi & unenforceable loan claims? if so could you pm me some contact details as I maybe interested in speaking to her about sending cases throughIt is wise to document everything, just in case you need to refer back to it at a later date. If you see any doctors or other medical practitioners, note down the dates and times, etc..
Better to be safe than sorry.
As someone mentioned check your home insurance cover, you may well have legal costs covered under this, should the need arise.
k this country up any more!The company will never admit liability for this as it will only expose them for spurious claims against them. As for questining what happened, well the OP can't answer that as their only point of reference is what their other half has told them. Therefore, their asking questons about how to proceed are justifiable.
If you were injured/suffered loss through the negligence of someone else and you choose not to claim the compensation you're entitled too then that's your loss. I'd arque that that attitude is just as detrimental and harmful to our society as a spurious and unfounded claim.
If you were injured/suffered loss through the negligence of someone else and you choose not to claim the compensation you're entitled too then that's your loss. I'd arque that that attitude is just as detrimental and harmful to our society as a spurious and unfounded claim.
Edited by mk1fan on Friday 12th December 16:23
Wow, lots of replies today, while I have been out.
The faulty equipment is something that they (the company) know hasn't worked properly for a while, but as it is an entrance to the site, there is nothing the employees can do but go through it. It malfunctioned and as a result he was injured.
He wasn't thinking of making a claim for personal injury, especially as he is currently under redundancy notice, we don't know when it wil happen, sometime after February when the first ones go.
All he wanted clarifying was his shift manager saying that he wouldn't get paid while off work. His next shift is Monday morning, and it still looks like he won't be fit to go back. We did actually think that his manager had said that in order to get him back to work before he was ready. At present he owes the company nothing, if he goes back before he is better, then he runs the risk of causing further damage and so having to go sick again. (and thereby clocking up another period of absence)
He is a driver, and spends 12 hours a shift driving trailers and fork lift trucks about, at present he cannot turn his head properly and so wouldn't be able to work properly anyway, and trying to do so will more than likely cause him more pain.
The faulty equipment is something that they (the company) know hasn't worked properly for a while, but as it is an entrance to the site, there is nothing the employees can do but go through it. It malfunctioned and as a result he was injured.
He wasn't thinking of making a claim for personal injury, especially as he is currently under redundancy notice, we don't know when it wil happen, sometime after February when the first ones go.
All he wanted clarifying was his shift manager saying that he wouldn't get paid while off work. His next shift is Monday morning, and it still looks like he won't be fit to go back. We did actually think that his manager had said that in order to get him back to work before he was ready. At present he owes the company nothing, if he goes back before he is better, then he runs the risk of causing further damage and so having to go sick again. (and thereby clocking up another period of absence)
He is a driver, and spends 12 hours a shift driving trailers and fork lift trucks about, at present he cannot turn his head properly and so wouldn't be able to work properly anyway, and trying to do so will more than likely cause him more pain.
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