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Off sick due to accident at work - rights?

8 replies

Loveit999 · 01/07/2017 16:02

my friend is currently off sick due to accident at work - and has been told to wait to find out if she will get sick pay

she works for a large national retail company, and was injured while doing actual work - this is the companies fault and she is looking in to suing as she has been quite damaged (for want of a better word)

OP posts:
flowery · 02/07/2017 14:46

Can't she access her employer's sick pay policy?

Loveit999 · 02/07/2017 14:53

Shes been told to 'phone up on Monday' to find out? as its manager discretion

surely a company cannot just 'not pay' ?

OP posts:
LIZS · 02/07/2017 15:04

How long has she worked for the company? Was she following policy when the accident occurred?

Loveit999 · 02/07/2017 15:46

I'm sure she was following all procedures/policies

It is without doubt that the firm is to blame, which is why i am asking - if an accident happens, and the firm is at fault, do they have to pay sick pay/full wages?

OP posts:
flowery · 02/07/2017 16:04

If she's looking into bringing a personal injury claim, this will be based around her losses. If her employer don't pay any sick pay, or pay less than full pay, then she will have incurred losses which will then form part of the claim.

So on that basis, yes, if a company is at fault, they may ultimately have to pay her full pay, but they won't necessarily do that upfront.

Loveit999 · 02/07/2017 16:19

ok - thanks - that would be awful though if they dont pay her - whats she meant to live on?

OP posts:
LIZS · 02/07/2017 16:58

She might be eligible for esa if she is incapacitated longer term.

lovemycatsanddog · 13/07/2017 21:29

My son was injured in an accident at work, they have admitted liability, and hes suing, he has been getting sick pay since he was off in March,he goes onto SSP next month if thus is any help
Hr was paid without having to ring anyone,just as a matter of course
I hope your friemd has logged it in the accident book at work,

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