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Denise H | An Accident at Work? |
My husband had a serious accident on company time, representing the company he worked for. He was following instructions given, fell and severly dislocated his shoulder, severed the nerves that feed that muscle and has been off work for 10 weeks so far looking at more.
We have had contact with the company today telling us that they are reviewing the sick pay and it looks like it is going to stop. I already have a solicitor in place as we are making a claim against them, but the money from that will take at least a year. My wife works so we are over the threshold for any benefits but will be unable to meet rent and other expenses.
Where do we stand legally?
Additional Details
We are in the UK and it was not on Company premises, as he works on various sites on behalf of the company. |
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cheek_of_it_all
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What solicitor did you employ? If your solicitor isn't an employment law solicitor then you may lose the case, when I had a problem with an employer that's who I sought help from and they won the settlement out of court.
As the accident happens on work premises, you should have filled in the accident book that ALL employers are required to have by law, then go to the Health and safety and lodge a complaint if needed before your employment is terminated because this sounds very much like what they are trying to do, accuse you of malingering. You should supply a sick note to them from your doctor to the company, any subsequent sick notes take to the DWP and put a claim in regardless of whether or not you will get benefit and then claim housing benefit to help with the rent.
You may be able to get NI and Tax contributions and minimal income support or a hardship loan from the DWP to help you.
Your current employer cannot stop your sick pay if you supply a sick note from your doctor.
Your will need to claim or prove that your claiming for compensation from the company and any payment you receive will help you pay back any money that you get from the DWP.
I have been through a similar experience with an employer and believe me they will take every opportunity to sh*t on you, they all do and before they use some petty excuse to have you legally dismissed, you need to get in first.
Good Luck |
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Best of British
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First and for most did you put it in the Company Accident Book (because if you didn't you have not got a leg to stand on).
I trapped nerve in my shoulder, off for 2 weeks and only got the normal SSP... I struggled to pay rent never mind buying food and yes did not put it in the book. Had I done so would have claimed...
Hope this was off some help..
Good Luck |
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kam
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Okay- from someone who has been dealing with this for three years now, here's what you need to do. (Provided that you are in the states.)
Make sure that the employer has contacted their Work Comp carrier- if this incident was reported, they have an obligation to report it to their carrier regardless of the severity. By not doing so, they could be violating the states regulations on this.
How do you know if it has been reported- you should receive some informational pamphlets giving you information on how work comp works in your state- states work comp office.
It is not from the employer; typically they will provide you with very minimal info; as they are trying to limit what they either have to pay or the carrier has to pay out.
Yes, they can eliminate sick pay- you should receive WORKER COMPENSATION PAY. This should be around 80% of what you made before the accident (OT does mess this up a bit). This is paid by the work comp carrier.
Get your own doctor- they will work and fight for treatments that are in your benefit.
Make sure that you are on top of everything, ask questions and aware of everything that is going on. If they send in a case nurse, refer them back to your attorney for all responses relating to medical issues. They will try everything possible to get this case closed and off of their books wheither you are treated or not. Make sure that they DO NOT have access to speak with your medical doctor, physical therapists, etc. without you being present. They will try to get them to say things that are against your best interests.
Hope this helps and good luck- you will need this and patience. |
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J*Mo
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That is what workamn's Comp is for. File your claim with your local branch NOW!! |
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Judy1
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Check into workmans comp. From your description of the situation, that should be covering it if you are in the US. If you are somewhere else, then I don't know. |
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Wounded Duck
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You have a wife and a husband? Is that legal where you live? |
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Jim
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It is not clear to me what you are trying to accomplish. because if you are on company's payroll, you should have be covered by workers Comp., and if you have health insurance through your company, you might be eligible for portion of it, depend on your health care plan. |
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butch
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can you say workmans comp |
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Well, said Alberto
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Legally, if you have a husband & a wife you are on sticky ground.
If sick pay is being withdrawn, contact the Citizens Advice Bureau. Good luck; hope you get payback. |
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tinyavenger
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I'm sorry to hear this.
First, I would speak with a lawyer for advice.
Many will give you a free initial consultation.
If sick pay is stopping, he should still be entitled to some disability pay from his job. I would ask for a copy of his benefits packet as this should hold this information.
Also, do not sign anything the company gives you until you have a lawyer review! |
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smudgethejudge@btinternet.com
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I was a self employed bricklayer and badly dislocated my shoulder playing rugby, I had the shoulder put back in and was back at work three weeks later and although still painful it is best to get the muscle and joints working to aid the healing process so get back to work you ambulance chasing lazy git. |
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