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Work related injury

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  • 20-12-2008 9:23pm
    #1
    opelmanta
    Registered Users Posts: 259 ✭✭


    Small issue that i am confused on. I recently hurt my back at work and was out for two days because of it so I lost two days pay. Am I not entitled to be paid for them days because it was a work related injury or do i have any ground to stand on?


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    #2
    Nody
    Moderators, Category Moderators, Arts Moderators, Business & Finance Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 18,271 CMod ✭✭✭✭Nody


    opelmanta wrote: »
    Small issue that i am confused on. I recently hurt my back at work and was out for two days because of it so I lost two days pay. Am I not entitled to be paid for them days because it was a work related injury or do i have any ground to stand on?
    No ground to stand on except company policy for paid sickleave.


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    #3
    Ginger83
    Registered Users Posts: 3,469 ✭✭✭Ginger83


    Nody wrote: »
    No ground to stand on except company policy for paid sickleave.

    +1! A company is not obliged to pay an employee during time off sick.


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    #4
    opelmanta
    Registered Users Posts: 259 ✭✭opelmanta


    Even though it was at work that i got injured??


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    #5
    professore
    Closed Accounts Posts: 5,857 ✭✭✭professore


    opelmanta wrote: »
    Even though it was at work that i got injured??

    Yes ... welcome to Ireland. Now check what happens in other EU countries (except UK) and tell me that somehow "workers rights" are going to be less after Lisbon. And this is not off topic.

    The Irish solution is you sue their asses.


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    #6
    gerrycollins
    Registered Users Posts: 1,799 ✭✭✭gerrycollins


    the best way to diffuse the situation would have been to pay you the two days but some people dont think straight and deal in common sense.


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    #7
    mikemac
    Closed Accounts Posts: 19,986 ✭✭✭✭mikemac


    gerrycollins wrote: »
    the best way to diffuse the situation would have been to pay you the two days but some people dont think straight and deal in common sense.

    If the company policy is not to pay sick leave to anyone, they can't realy start paying some people and not others. Going to lead to a whole load of arguments about precedents.

    Plus maybe the company felt if they decide to pay the sick leave in the case when they normally wouldn't, it could be taken as some sign of admission of liability. As you say, that's how some people perceive these things

    If you want to push this further OP you'll have to go legal but it's up to you if you want to do so


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    #8
    gerrycollins
    Registered Users Posts: 1,799 ✭✭✭gerrycollins


    mikemac wrote: »
    If the company policy is not to pay sick leave to anyone, they can't realy start paying some people and not others. Going to lead to a whole load of arguments about precedents.

    Plus maybe the company felt if they decide to pay the sick leave in the case when they normally wouldn't, it could be taken as some sign of admission of liability. As you say, that's how some people perceive these things

    If you want to push this further OP you'll have to go legal but it's up to you if you want to do so

    True, but common sense might keep a giant asleep. I know its not policy and setting precedents are no way good but sometimes prevention is better than cure.


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    #9
    mikemac
    Closed Accounts Posts: 19,986 ✭✭✭✭mikemac


    I respectfully disagree :)
    If I was the employer I'd believe that the OP would be given "an inch and they'll take a mile"

    The OP or person in a similar situation would have figured out that get offered x money in sick leave they weren't entitled to so: "hmm, what else can I get?"

    Better for an employer to do nothing and let the OP push it if they want to go further. I hear what you're saying Gerry, both are valid solutions so someone has to decide which to take.

    Or maybe I'm just cyncical :(


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    #10
    gerrycollins
    Registered Users Posts: 1,799 ✭✭✭gerrycollins


    no problem free world.

    Look at it this was and maybe I'm been daft but the OP is on here asking the question?

    If he was paid he wouldnt be asking the question and he might be getting on with his life.

    May I be so bold and say that the OP thinks he is entitled to the sick pay and if he got it he would move on and get back to work and not think about it ever again.

    Of course that would depend on how well the OP's boss knows his workers and what they are likely to do etc etc and giving the inch and they taking the mile is where an employers knowledge of their staff somes into play.

    I would never pay unecessary sick pay and I dont but I can tell there are times when you just do. it's worked before twice

    shall we agree to disagree?


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    #11
    mikemac
    Closed Accounts Posts: 19,986 ✭✭✭✭mikemac


    gerrycollins wrote: »
    shall we agree to disagree?

    we will :)


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    #12
    opelmanta
    Registered Users Posts: 259 ✭✭opelmanta


    Thanks for the replies. The thing is he pays some people and not others which i find very annoying as i work just harder than most people there and always have done. I am not the type that would go down the legal route or "sue their asses"! At least i know where i stand now. :)


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    #13
    mikemac
    Closed Accounts Posts: 19,986 ✭✭✭✭mikemac


    opelmanta wrote: »
    Thanks for the replies. The thing is he pays some people and not others which i find very annoying

    Maybe you should have put that in the first post......

    As a lot of the info I gave is irrelevant now


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    #14
    brightspark
    Registered Users Posts: 2,637 ✭✭✭brightspark


    I think employers should have a look at the Injuries Board site before arguing about paying out for a couple of days/weeks or even months loss of earnings

    http://www.injuriesboard.ie/eng/Estimator/

    (a minor fracture on big toe, with good recovery i.e. no long term damage = 11,800 to 16,700 Euro BEFORE special damages which would be the loss of wages, medical expenses etc.)

    But IMHO if the employer thinks that the claim is in any way suspect I believe they should fight it all the way to the high court!


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    #15
    Emerald Lass
    Closed Accounts Posts: 439 ✭✭Emerald Lass


    Op you say it was a back injury? I am not advocating you catching a case of 'claimitis' and suing for nothing or anything of that sort, but have your employers offered you at least a check up with the company appointed GP? back problems have a way of cropping up later - they don't seem so bad at first and then later you have a bulging disk and a physiotherapist bill!
    gerrycollins wrote:
    If he was paid he wouldnt be asking the question and he might be getting on with his life.

    May I be so bold and say that the OP thinks he is entitled to the sick pay and if he got it he would move on and get back to work and not think about it ever again.

    Gerry, I agree with you, but I also see mikemac's point:
    mikemac wrote:
    Plus maybe the company felt if they decide to pay the sick leave in the case when they normally wouldn't, it could be taken as some sign of admission of liability
    .

    However if the injury was the result of unsafe practice, or some fault by the employer then the OP shouldn't just sit back and take it - especially with a back injury. If the OP was in some way negligent himself and not the fault of the employer then the employer is still unwise not to file some sort of health and saftery report and get the OP seen by adoc - to cover themselves.


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    #16
    the_syco
    Registered Users Posts: 37,295 ✭✭✭✭the_syco


    Social Welfare Injury Benefit doesn't pay for the first 3 days off work. Well, that's what it said on the form. May be different for injuries sustained in work (broke my elbow on the ice, whilst going to be an elf). Fill out the form, and send it off. Don't forget you'll need the doctors stamp. No stamp, no money from social welfare. Also, no stamp, and I can't see you getting any money anywhere, as they'll just say "where's your proof of injury?".


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