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Injury at work... Please any advice!

6 replies

sunandmoon · 16/09/2010 17:09

Last Monday week, my DH who work on a construction site (big company) had his ring finger crushed at work. His manager called the ambulance straight away and he was admitted to A&E. It happened at midday, and went for surgery (over an hour of general anesthesia)on his finger on Monday evening. He was released from Hospital Tuesday afternoon. His manager said that they would pick him up and bring him back to the office. I was away on that day and so couldn't be around to pick him up. They made him signed the incident paperwork that afternoon (I am so cross because no legal paperwork should be signed for about 24 hours after having a general anesthesia) and then he took his way home by himself, they even didn't offered him a taxi (Monday was strike day and his site is in London and we leave 1 hour away from London!). Anyway his arm was in a splinter to stop him moving his hand and fingers, but his work asked him to come back to work the day after, and the day after, they kept ringing him to ask him when he was coming back... because after 3 days of an injury at work, if the worker is not back they had to report it to the HSE. But they didn't have any intention of doing it! He went on Friday to hospital to have his arm splinter removed, and since friday his finger is in a splinter. He went to see his work on Friday telling them he could come back to work Monday but of course in a safer part of the building site, and they did put him in a safer job. But today we have received his weekly payslip, and his company only paid him for 2.5 hours of work which is the Monday morning before his accident happened! He has worked for that company for about 13 years now and has never taken any sick leave! His company does not pay for sick leave but have they got the right to not pay this time off when the injury happened at work? We need to be put in the right direction if please any of you reading this long message could help!!! THank you very much.

OP posts:
prh47bridge · 16/09/2010 17:27

Hard as it may seem, if they don't pay sick leave then I'm afraid they don't have to pay, although it would have been nice if they had at least made a discretionary payment. However, as your DH was off work for over 4 days he is entitled to SSP (Statutory Sick Pay). He should certainly ask his employer about that. Whilst I'm not keen on the compensation culture, he should also consider if he has a case for claiming compensation from his employer for this accident.

If it were me, I'd be seriously tempted to tell the company that I would sue them over the accident unless they paid me normally for the days I was off. That might be enough to make them cough up. Of course, there is no point telling them that unless he is willing to go through with the threat.

sunandmoon · 16/09/2010 18:18

I will show your message to DH. I can't believe that his employer didn't ask him to fill in the SSP form knowing that they wouldn't pay him!

Thank you.

OP posts:
mummyinlaw · 17/09/2010 10:28

I would just slip in a word of warning that, as your DH may have a claim for compensation he should be careful not to make any form of agreement to waive his right to making such a claim in return for being paid normally whilst off. If negligence can be proved against the employer, a claim for compensation would include loss of earnings in addition to any other financial losses and compensation for the injury and future loss. As prh says give this some thought, advice in this area can be accessed quickly and easily in this day and age with no obligation, and then at least he knows where he stands. Good luck.
(this is my first ever post, so hope it was some help!)

LucindaCarlisle · 18/09/2010 12:07

Why dont you phone up the HSE anonymously and suggest that the company has unsafe working practices?

sunandmoon · 19/09/2010 18:43

Thank you MummyInLaw(like you name!) and LucindaC... Dh has decided to fill in a Personal Injury Claim and he ll see where he stands. His finger will be in a splint for at least another 5 weeks, he is very manual person and he is getting bored!!!! We were actually told this week end that his company should have paid him for the full day on Monday and not only for the few hours he was at work... not too sure how to find that one ou...but we ll wait to hear from the Claim Company!

OP posts:
mummyinlaw · 22/09/2010 15:03

You are welcome. Hope DH makes a quick recovery and gets back to work soon (and isn't too much of a 'bad patient' for you in the meantime!)

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