What is my entitlement.

brendaslad_2

I have been absent from work for 14 months through an accident which left me with a disability I could have done without.
My company has never been in touch with me since my accident nor have they terminated my contract. Im due to go for a medical which appears to have been arranged by my solicitor who is acting on my behalf, and paid for with my private medical insurance through my company. I worked as a plasterer but I can no longer do the job I was employed to do, I did contact my company and they sent HR to my home to ask me what position in the company would suit me. I knew at the time they were only ticking the correct boxes and would not re deploy me is some other capacity. There is a redundancy scheme at work where they need 26 skilled workers to go. I believe they will finish me on the grounds of ill health and avoid paying me redundancy, would they offer it to me?

jazzyman01

They could well terminate your employment on medical grounds. However, they will have to wait until they have a report that states you cannot do your job again. They will also have to meet with you again regarding alternative positions.

If there are redundancies in the offing, why dont you ask if you can volunteer?

If they are getting rid of 26 staff then they will either consult with any recognised trade union or with representatives of the work force (subject to any elections etc if not in place). You could then contact them and volunteer so that the staff know you are willing to go. It would make it difficult for the Company if they were not to let you go and terminated someone else.

They can turn down any voluntary request and of course voluntary requests could impact on any job seekers allowance etc. However, as you are still absent due to your accident, you would probably not be seeking that anyway?

brendaslad_2

Thank you for the reply.

Rockporkchop

Was the accident at work? Have your company been paying you since the accident?

brendaslad_2

Yes it was a works accident. The company paid me full basic for six months and half basic for six months. Im now on employment and support allowance at £ 176 per two weeks. A bit of a come down from earning very good money. I also made a claim for some accident benefit which I get another thirty quid per week. I know there are other things to claim but I cannot be bothered filling in the forms and being means tested. I shall hold out until the company finaly admits it was liable for me ending up like I am.

dmg24

You should be careful in not claiming your full entitlement. You are expected to mitigate your situation, and this would include claiming the relevant benefits. You could receive a smaller payout from your insurer as a result of your inaction.

Rockporkchop

You should speak to a personal injury lawyer to see if you might have a claim against the company. Do you have legal cover on your home insurance?

In the meantime you should definitely claim all the benefits you can. I don't understand why you can't be bothered?

Speak to a lawyer before doing anything like accepting redundancy or any sort of settlement.