Personal Injury claim

[accidentclaim]

Apologies, I am not sure whether legal or employment is the correct topic.

I was recently absent from work due to an accident. My employer has broached the possibility of reclaiming the occupational sickness pay from the other drivers insurance company. Is this right?

I assumed OSP was a company benefit for purposes such as these?

My car has been repaired with no excess payable. I have not yet made a personal injury claim. If I do, will these costs be covered?

Should HR liaise with the insurers directly?

If your employer pays above statutory sick pay whilst you are absent from work as a result of an injury for which a third party is liable and for which you are seeking compensation, you may find that you are contractually obliged to include the amount of sick pay as part of your special damages claim. Check the terms of your contract. If that is a contractual requirement, failure to make a claim for this amount may result in your having to reimburse your employer out of your own pocket (or the general damages you receive for your injury, if you do make a personal injury claim). To keep yourself right, I would obtain confirmation of the amount owing from HR and present this to the insurer directly, as it is your responsibility to your employer to ensure this is recouped if possible.

I’ll speak to HR then and ask for them to confirm the amount in writing. I have been loathe to make a claim as I despise the claim culture. I do not however want to find myself personally liable.

I have motor legal cover - would it be preferable to contact a solicitor of my own choosing or to go through my insurer? I have been treated for whiplash and treatment is ongoing. I was only planning to pursue compensation if the pain continued longer than anticipated.

I appreciate the response.

I am based in NI so more familiar with the arrangements here than in the rest of the UK. I probably doesn’t make much difference whether you go through your own solicitor or one appointed by your insurer - if you do feel you want to go ahead with a personal injury claim, I would make enquiries with your insurer and expect that the solicitor with whom they put you in touch will deal with everything for you, including the recoupment of sick pay. Hope that is of some help to you and good luck 🙂