Sick pay through acciedent at work

bal75

Hi

Have a very BIG problem with my employer .I had an acciedent at work last year (august) it was down to some health saftey issues i had raised Well before my acciedent and they were not rectafied

Well 7 months on im on the waiting list for surgery (june)
but i can not carry on light duties as my employer keeps moving the "goal posts" to what i can and cant do ,Ihave a rotory cuff injury to my right shoulder and i am a truck tyre fitter so i cant lift any thing heavy as i have been told this by my physio /gp/specialist

I have been working in the workshop since my acciendent 7 months ago but last week my employer asked me to go MOBILE again i tryed but i hurt my shoulder again SO now my doctor has signed me off

I have asked my employer for another ROLE in the company but they have said there is no positions for me , They are just making my life HELL ITs their fault i have this injury and they are doing the up most not to help me they even told me they are being VERY patient and lenient with me

Oh I have a claim going through which by LAW should not make a difference and even they have said that BUT by the look of it does

I have NEVER in 20 years of working claimed any benefits SSP £79 a week PPPPFFFFFF:mad:

RANT OVER i havent been a member to this forum for long but its been a BLOODY big help so far

ANY help or advice will be more than welcome

Googlewhacker

sick pay and claiming are two seperate things, unless it is in your contract you have no rights more than SSP but it will most likely be something that is accounted for with your claim and it will increase your claim I guess.

At the end of the day if they have allowed you to work for 6-7 months not doing your job then they have reasonably adjusted but at the end of the day whether or not it was their fault they need someone that can do the full job.

ohreally

I don't have much time at the moment to address your concerns, however have a read through the background to the following case...it introduced some far reaching conclusions and may interest you...http://www.thompsons.law.co.uk/ltext/l1350003.htm

In particular, it (house of lords) said that the duty arises even if an employee becomes totally incapable of doing the job for which she is employed if she could do another job for that employer.

It could be held that it may be a reasonable adjustment for your employer to create a role for you.

bal75

At the end of the day if they have allowed you to work for 6-7 months not doing your job then they have reasonably adjusted but at the end of the day whether or not it was their fault they need someone that can do the full job.[/QUOTE]

So what you are saying is just take their £79.50 a week ssp get fixed up and find another job ASAP

or am I missing something I thought there would be more in place for industrial / work place injuries this is my Trade and i proberly wont be able to do it ever again Thanks to my company Iam just very confused how this day and age the BIG company still can get away with treating people this way
the company has already admitted neglect/responsability


Cheers for your view;)

Googlewhacker

That is what your claim is there for, to pay you for loss of earnings etc. A company won't keep you on pay forever regardless if they are the cause of the accident.

I am just saying that the fact they moved you onto light duties for 6/7 months would be deemed as a reasonable adjustment (they may or should do more but that is one) but it isn't something that they can carry on perminantly I have changed this bit as re-read the OP, I'm surprised they just didn't allow you to carry on doing light duties but it could be business reasons and that there was not enough work to justify it and it is better that any extra compensation is paid from their insurance than their own money.

ohreally

bal75 wrote: »

I had an acciedent at work last year (august) it was down to some health saftey issues i had raised Well before my acciedent and they were not rectafied

Just a suggestion, how does becoming involved in H&S interest you? Reg 7 of the management of h&s regs sates the emplyer should appoint a competant person to assist with complying with requirements placed on them in law...http://www.legislation.gov.uk/uksi/1999/3242/regulation/7/made
perhaps there is scope foe both parties here?

Googlewhacker

ohreally wrote: »

I don't have much time at the moment to address your concerns, however have a read through the background to the following case...it introduced some far reaching conclusions and may interest you...http://www.thompsons.law.co.uk/ltext/l1350003.htm

In particular, it (house of lords) said that the duty arises even if an employee becomes totally incapable of doing the job for which she is employed if she could do another job for that employer.

It could be held that it may be a reasonable adjustment for your employer to create a role for you.

Does that not read though if there is a position for the employee that is vacant that it would be a reasonable adjustment that the employee could be moved into that role. It doesn't read to me that they should create a role if there is no business need for it.

ohreally

In a nut shell (obviously dependant on type and size of business), it could be held that as a result of a business reorganisation a post could be created that would meet the duties imposed by the dda. A two man business would struggle to implement any such measure, larger operation could, if encouraged by court ruling, achieve this (or at least try).

It's worthwhile reading the implications of the archibald case. I actually met this person a few years ago and her story was such an inspiring tale of overcoming huge adversity - very humbling.

bal75

Thanks for all the help /info by the looks of it ,it will easier just to do what I have said take the sick pay keep my mouth shut get fixed and find another job .
And just reclaim all my loses through the claim
It's just hard NOW where all the money for the bills is going to come from my needs new school shoes I have £3 in the bank and 3 weeks to pay my rent.

Just. Checked my wages for this week they have payed me ssp I still owed 20 hours basic hours and 5 hours overtime can they do this

Googlewhacker

bal75 wrote: »

Thanks for all the help /info by the looks of it ,it will easier just to do what I have said take the sick pay keep my mouth shut get fixed and find another job .
And just reclaim all my loses through the claim
It's just hard NOW where all the money for the bills is going to come from my needs new school shoes I have £3 in the bank and 3 weeks to pay my rent.

Just. Checked my wages for this week they have payed me ssp I still owed 20 hours basic hours and 5 hours overtime can they do this

Can I suggest you get proper legal advice as this is not a small matter and is probably worth the small investment for professional advice. At worst give ACAS a call.

dickydonkin

ohreally wrote: »

Just a suggestion, how does becoming involved in H&S interest you? Reg 7 of the management of h&s regs sates the emplyer should appoint a competant person to assist with complying with requirements placed on them in law...http://www.legislation.gov.uk/uksi/1999/3242/regulation/7/made
perhaps there is scope foe both parties here?

I suspect that as the OP has indicated that his employer is a big company, there will already be a 'competent person' in place (albeit at a regional or even a national level).

Unfortunately a lot companies who used to employ their own safety professionals deemed them surplus to requirements in the current climate and many now use consultants - usually on an 'ad hoc' basis.

There is no problem with that of course, however, the unfortunate reality is that on many occasions, they are used in a 'reactive' situation such as when an accident/injury has occurred.

The old adage of horse and stable door is very relevant.

Furthermore, attaining recognised health & safety qualifications is damned expensive and time consuming - NEBOSH in particular, however, costly they may be in the short term, it is really cost efficient over time when injury claims, absenteeism etc. is reduced - but most important of all - people are not getting hurt.

I can go on extoling the virtues of having a safety professional in every medium to large workplace - but 'short termism' seems to be the trend in these difficult times.

Absolute Folly IMHO!