Accident at work: Pay & Fit to work notes

r710

Hoping for some advice...

My husband had an accident at work (suspected torn cruciate knee ligament after slipping on a floor that had already been flagged up as a problem earlier that day). The accident was captured on CCTV, properly recorded and it was agreed, my husband was not negligent in any way. He was sent home, after a trip to A & E, with the words, don't worry about your job, take as long as you need.

Fast forward a few weeks and HR say they'll pay 40 hrs basic pay then SSP of £85 odd per week, because my husband had been employed less than six months (a month too short for a longer period of basic pay).

The Union is now involved, and they have been trying to negotiate an appropriate way forward in terms of pay. HR won't budge, and are happy for him to sue them because they are insured for this sort of thing.

Meanwhile we can't survive on the SSP. Sadly due to previous financial problems, we have been unable to get ourselves into a position to have savings. The job was going really well for my husband and we were just starting to get financially straight again.

My husband was signed off for three weeks, which expires on 17th Oct. He had hoped to have an MRI scan by now but the appointment for that is not until the 7th Nov.

Because of the pay situation, my husband is now saying that he'll just have to go back on 18th and was trying to negotiate lighter duties, which HR were happy to accept until a director got involved. He would only have to work six days (due to shift pattern) before having scheduled annual leave for almost three weeks. The MRI would happen in this period of annual leave and we'd be a lot clearer of the longer term implications.

He has just been told that he can't go back until he has something form the doctor to say he's fit for work, for example, lighter duties. Is this right? They have an occupational health department, but haven't offered for him to see them.

Really worried because I'm not sure the doctor will say. The injury is still quite bad, and of course, we are worried about causing longer term damage, but we simply won't be able to manage on SSP.

He's due to speak to a employee legal assistance line tomorrow and again he'll talk to the Union rep. There's a plan to claim against the company (simply for loss of earnings) but what are we meant to do in the shorter term?

Does anyone have any experience of anything similar?

So very worried at the moment.

Thanks for reading.

r710

theoretica

Have you read http://www.direct.gov.uk/en/Employment/HealthAndSafetyAtWork/DG_10026579 ?

I am wondering if the company would truly be perfectly happy to be sued for loss of earnings as then the insurers would pay. Would the union take this on? If you go this route you might additionally want to cancel the annual leave as you can change annual leave into sick leave if you are ill while off.

r710

Thanks theoretica.

The company are happy for him to sue, in fact the HR department is surprised he hasn't put in a claim yet. The Union solicitor is calling him tomorrow and seem happy to take it on, although warn it could be years before a pay out.

Other people are mentioning the companies you hear advertise on the tv etc. who may get a quicker pay out but to be honest, it will take at least til the MRI on 7/11 and results a few weeks later to find out the extent of the damage, and potentially longer to ascertain whether they'll be any longer lasting effects.

He obtained a Fit for Work note from the doctor today, stating light duties. Although the doc wasn't very happy to write this, he understood the financial reasons my husband was pleading for one.

Despite this doctor's note, and being due back tomorrow, HR say he can't return until he's seen occupational health. It's my understanding that they'll decide whether he can go back and whether the company can accommodate the lighter duties. In this situation, what can we expect about pay? He's not signed off, doctor says he can return but the company say no?

They are going to try to rush an appointment tomorrow but again, this could take time for an outcome. I did read that if they can't find an alternative position to take into account light duties, they have to medically suspend him on full pay. Given they went almost straight to SSP, I'm not sure whether he'd be paid in this situation either.

Apologies for the wordy post. Really terrified about how we'll cope financially and frustrated that, despite following proceudre with GP note's. they still won't allow him to work.

Any one else have any experience of similar?

r710

theoretica

If the company don't contest the claim it could be a faster payout. As you have the expectation of being put back into the same situation you would be in if the accident had not happened I suggest you start keeping accounts and evidence for all extra expenses- from bank charges because of lack of pay to hospital parking.

I believe if the doctor says yes to normal duties, but the company say no then he should be on medical suspension and full pay. Sadly the lighter duties complicates things as the company don't have to have anything suitable and available or instantaneously work out if they can make use of him.