Employmnt rights help please

wackyjacky

Hi my husband who is 66 works for a hgv company he had the misfortune of overturning his lorry and is at the moment off sick and recieving ssp. This company is not one of the better ones to work for. When the cab returned to the depot it had lots of my husbands personal effect in although im sure not in a very good condition my question is do the company have a legal right to save these personal effects and ask my husband if he would want them back? second would my husband be able to claim for personal injury against the company insurance. (the lorry turned over on a sharp bend) thankyou in advance.

pickpocketlocket

In what way do you believe the employer is liable for the accident? Did they design the corner?

wackyjacky

With all due respect can i sugest you read my post again no where have i aporchened blame for the accedent on the company.

BobQ

wackyjacky wrote: »

Hi my husband who is 66 works for a hgv company he had the misfortune of overturning his lorry and is at the moment off sick and recieving ssp. This company is not one of the better ones to work for. When the cab returned to the depot it had lots of my husbands personal effect in although im sure not in a very good condition my question is do the company have a legal right to save these personal effects and ask my husband if he would want them back? second would my husband be able to claim for personal injury against the company insurance. (the lorry turned over on a sharp bend) thankyou in advance.

I doubt that they have a legal obligation to ask if he wants them back, but if were to ask they would need a good reason for retaining them (eg that the item was evidence of why the accident happened). Why not ask and see what they say?

You husband's employer should have insurance for the use of the vehicle, but his exact rights will depend on his contract of employment and the employers terms and conditions. Again why not ask them what the position is and if required ask for a copy of the policy or the relevant terms and conditions. You may be better off getting legal advice or visiting the CAB to discuss. I presume you husband is not a union member? If he were they would be able to advise you.

BobQ

Jacky,

You may get advice from the CAB if you post in the Sticky thread on employment rights. Its not clear ro me that CAB reps always answer posts outside of the Sticky thread.

wackyjacky

Thankyou Bob for your replys. Hubbys company are not too forthcoming.

pickpocketlocket

wackyjacky wrote: »

With all due respect can i sugest you read my post again no where have i aporchened blame for the accedent on the company.

Personal injury claims are for when the defendant has caused the injury!

BobQ

pickpocketlocket wrote: »

Personal injury claims are for when the defendant has caused the injury!

What defendant?

maninthestreet

Your husband was driving the lorry when it overturned on a sharp bend? That's driver error - what makes you think his employer is liable in some way?

sleepless_saver

OP, have a look at this Health and Safety executive leaflet about employers liability insurance. Might give you some ideas about lines to pursue.

Couple of points from it:

"Most employers are required by the law to insure against liability for injury or disease to their employees arising out of their employment."

"Employers’ liability insurance will enable you to meet the cost of compensation for your employees’ injuries or illness whether they are caused on or off site. However, any injuries and illness relating to motor accidents that occur while your employees are working for you may be covered separately by your motor insurance."

I guess the outcome will depend on how far your OH was responsible for the accident e.g. did he swerve to avoid oncoming vehicle.

wackyjacky

Hi sleepless saver thankyou so much for your help. My husband was totaly at fault. He has not signed a contract with his employers but been there well over 12 months. Although it was his fault if i were able to prove it i would sue for undue pressure brought on by his employers threats. My annoyence is at the total disreguard for their employee they have never asked how he is or would he like his belongings back, my educated guess is they are going to sack him at some point which is fine. My query reguarding insurance was i do not know what an employers obligations are.