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Accident at work - who pays wages and medical expenses

  • 14-02-2006 6:30pm
    #1
    Registered Users, Registered Users 2 Posts: 3,971
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    Friend of mine had an accident at work and is out of work for 3 weeks. After 10 days his employer told him he would not be paid anymore as he used up all his sick leave and he has to apply for social welfare till he comes back (which it turns out is only a fraction of what he would have earned if he was working or if he had more then 10 days sick leave in a year). His employer also told him he has to cover his own medical costs as it's not company policy. He is going into the citizen rights office tommorrow to find out where he stands. Just wondering if anyone knows anything about this. Is the employer obliged to pay him and as it was a workplace accident or would he have to go and take legal action and prove that the employer was negligent ? And if he does this, wouldn't that affect his possibilities for promtion or staying on in the job if things are made difficult for him (contructive dissmissal I believe is the legal term) ?

    thanks


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Comments

  • Registered Users, Registered Users 2 Posts: 68,317 seamus
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    Flaccus wrote:
    Is the employer obliged to pay him and as it was a workplace accident or would he have to go and take legal action and prove that the employer was negligent ? And if he does this, wouldn't that affect his possibilities for promtion or staying on in the job if things are made difficult for him (contructive dissmissal I believe is the legal term) ?
    The employer is not obliged to pay him. Assuming the employer was negligent, the employer's insurance should pay for all lost wages and medical costs. Judging that the employer is telling him to go jump, I'm assuming his employer is a bit of a cowboy.

    In this case, it's best to talk to a solicitor to get as much advice as possible before even considering talking to the employer about compensation/legal action. In theory it shouldn't affect his ability to get promotions and/or payrises, but in practice it will, particularly if it's a small business. Remember that the employer can terminate his employment if he has been out sick for a long time.

    If it's a large business with a HR dept, he should talk to them.


  • Registered Users, Registered Users 2 Posts: 14,378 jimmycrackcorm
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    Seaus is quite correct. It is important to differentiate between an employers responsibility to pay wages and the net effect of responsibility of an accident at the workplace. That becomes an insurance issue instead of a wages one.


  • Registered Users, Registered Users 2 Posts: 2,876 Borzoi
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    seamus wrote:
    The employer is not obliged to pay him. Assuming the employer was negligent, the employer's insurance should pay for all lost wages and medical costs. Judging that the employer is telling him to go jump, I'm assuming his employer is a bit of a cowboy.
    .

    I'd take issue with you there seamus, the employer may have been advised by his insurer that by paying all the medical bills and full wages they might in effect be admitting liability for the accident - hance the hard line attitude. I f in the end that employer is liable - well all the mediacal bills, full wages, and some more are due!

    In the meantime talk to the citizens advice people - and a solicitor


  • Registered Users, Registered Users 2 Posts: 68,317 seamus
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    Borzoi wrote:
    I'd take issue with you there seamus, the employer may have been advised by his insurer that by paying all the medical bills and full wages they might in effect be admitting liability for the accident - hance the hard line attitude. I f in the end that employer is liable - well all the mediacal bills, full wages, and some more are due!
    It was just the feeling I got from the post (although it is third hand). I would find it hard to believe that any insurer would tell an employer to just keep schtum and hope the employee doesn't make a claim, rather I would assume that any respectable employer would make an attempt to ascertain blame, and then agree this with the employee, instead of just telling them to piss off and look after their own expenses.

    As I say, it could very much just be the fact that the story is third hand.


  • Registered Users, Registered Users 2 Posts: 3,971 Flaccus
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    Actually the employer is the civil service would you believe.
    Anyway, thanks for the advice. He is talking to citizens rights tommorrow.


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