employer admits industrial injury caim.......

RichardD1970

Enterprise_1701C wrote: »

I personally think that he would have difficulty finding another job in the meantime, and even more difficulty finding a job after 4/5 years not working.

6 Months salary is not a lot to live off for several years, unless he was highly paid.

Was your friend doing something stupid at the time of the accident? In which case he should perhaps ask for 18 months salary as a pay off.

If he was not then his employers have basically caused him several years worth of problems and should pay him several years worth of salary either with or without employing him. They should also be paying him compensation.

This is not from a legal point of view but from a moral one.

6 months salary plus injury claim, a lot of people seem to be missing that bit and without knowing what the settlement amount is we can't know if it is reasonable.

hawk30

The compensation he gets should include a sum for loss of future earnings. Not knowing how much he is offered in compensation makes it difficult for anyone to comment on this. In any case, the best person to advise him is his solicitor, who should know what region the claim falls into.

theoretica

I hope that the compansation is high enough that he can make this decision according to his wants rather than needing to make it financially. Does he enjoy his work and want to continue in his alternative duties? Perhaps he would be happier working part time - which would permit more time for physio appointments and all the things in his life which will now take longer, as well as things he enjoys. Or perhaps he would prefer a different job.

fruitedeli

Your friend will be receiving the injury compensation, and the 6 months additional pay for him to leave is not even necessary. The case is closed because the injury compensation is not what's being discussed here. It's the 6 months salary for him to leave.

He has not worked for 2 years and therefore can be forced to resign/sacked without reason. The employer is being reasonable by offering 6 months salary. They are in the position to not pay a single penny and simply sack him, and there is nothing your friend can do because he's already going to receive or has received the injury compensation.

dickydonkin

comeandgo wrote: »

Is the employer being taken to court by Health & Safety people? I know my ex was in an industrial accident, employer at fault and they were hauled over the coals by the court and news papers so no chance of keeping it quiet.

I was about to post the same question.

The injury would be reportable to the HSE contact centre under RIDDOR regulations and due to it's seriousness, would very likely instigate a 'visit' from an inspector.

Now assuming that the full story has been told, I too wonder if the employer is attempting to hide this from the enforcing bodies to avoid potential prosecution, negative publicity and the new fee for intervention scheme (FFI) which is a 'recovery fee' that the HSE would charge (£124.00 per hour) for investigations, advice, admin etc. as a result of the 'material breach' of health and safety - which this situation appears to be.

Add to this a potential enforcement notice, a prosecution and legal fees, a likely fine, an increase in insurance premiums etc. then it becomes easy to see why the employer may wish to sweep this incident under the carpet and make the employee sign the problem away with a few quid in a brown envelope!

A dangerous strategy IMO.

RichardD1970 wrote: »

6 months salary plus injury claim, a lot of people seem to be missing that bit and without knowing what the settlement amount is we can't know if it is reasonable.

It is important that the employee is made aware that he may never recover fully from the accident and reduce the ability to work - indeed, as the years pass, it could get worse, so it is vital that the employee is fully recompensed for the injury.

RichardD1970

dickydonkin wrote: »

It is important that the employee is made aware that he may never recover fully from the accident and reduce the ability to work - indeed, as the years pass, it could get worse, so it is vital that the employee is fully recompensed for the injury.

Sorry? Your point in quoting me?

You seem to be implying that I am advocating the OPs friend taking the payout regardless of what is offered.

I was just drawing peoples attention to a point a few had missed.

dickydonkin

RichardD1970 wrote: »

Sorry? Your point in quoting me?

You seem to be implying that I am advocating the OPs friend taking the payout regardless of what is offered.

I was just drawing peoples attention to a point a few had missed.

I am not implying anything!

I was drawing attention to the potential pitfalls of accepting an offer without appreciating the long term problems that may arise.

Before you reacted, you should have read my post and the caveat incorporated into it.

A former colleague did just this - accepted an offer for an injury and regretted it after his ailment deteriorated which required many operations that still did not rectify the problem.

My post is based on fact - not assumption.