work injury no sick pay

TheminxIRL

Sorry folks just ranting.

Injured my back and am laid up now, possibly for several weeks following a bad fall in work when a large dog (work in the veterinary industry) jerked me backwards, sent me flying through the air and landed on my butt first then my head and shoulders hit the floor.

Might add the boss was present when it happened and thought it was very amusing!

So doctor has signed me off work for two weeks after diagnosing me with soft tissue damage to my lower spine and whiplash type injury to my neck and shoulders.

Work have just informed me that they do not pay sick pay even if the injury is sustained in work.

Am totally disgusted its coming up to Xmas I have three kids and God knows how long it will take for a claim for social payments to go through.

Work sucks

Stheno

TheminxIRL wrote: »

Sorry folks just ranting.

Injured my back and am laid up now, possibly for several weeks following a bad fall in work when a large dog (work in the veterinary industry) jerked me backwards, sent me flying through the air and landed on my butt first then my head and shoulders hit the floor.

Might add the boss was present when it happened and thought it was very amusing!

So doctor has signed me off work for two weeks after diagnosing me with soft tissue damage to my lower spine and whiplash type injury to my neck and shoulders.

Work have just informed me that they do not pay sick pay even if the injury is sustained in work.

Am totally disgusted its coming up to Xmas I have three kids and God knows how long it will take for a claim for social payments to go through.

Work sucks

Your employer doesn't have to pay you, but you can apply for Injury Benefit

From http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/leave_and_holidays/sick_leave.html

Accident or injury at work

If you have an accident at work and you are not entitled to sick pay, you can apply for Injury Benefit. This is a weekly payment from the Department of Social Protection if you are unfit for work due to an accident at work or an occupational disease. Under the Medical Care Scheme you can claim certain medical costs that are not paid by the Health Service Executive (HSE) or covered by Treatment Benefit Scheme. You can find out more about these payments in our document on the Occupational Injuries Benefit Scheme.

If you are entitled to sick pay, your employer will probably require you to sign over any Injury Benefit payment from the Department of Social Protection to your employer for as long as the sick pay continues.

If you have suffered an injury at work, you can seek compensation from your employer by making a personal injury claim through InjuriesBoard.ie. You can read more about this in our document on health and safety in the workplace.

VictorRomeo

TheminxIRL wrote: »

Sorry folks just ranting.

Injured my back and am laid up now, possibly for several weeks following a bad fall in work when a large dog (work in the veterinary industry) jerked me backwards, sent me flying through the air and landed on my butt first then my head and shoulders hit the floor.

Might add the boss was present when it happened and thought it was very amusing!

So doctor has signed me off work for two weeks after diagnosing me with soft tissue damage to my lower spine and whiplash type injury to my neck and shoulders.

Work have just informed me that they do not pay sick pay even if the injury is sustained in work.

Am totally disgusted its coming up to Xmas I have three kids and God knows how long it will take for a claim for social payments to go through.

Work sucks

Talk to a solicitor.....

edellc

Sounds like your having an unfair rant about social welfare as well and its unjustified as at least they will actually pay you

Get an illness benefit cert from your doctor fill in your bit and send it off freepost money will be in your bank the following week, you need one for each week your off but you can only get one per wk so need to visit doc each wk your off ill, it will cost you nothing as receptionist can fill it in for you when your arrive

Esoteric_

Just to point out, Illness Benefit is paid in arrears, once they get the second cert. So, you send in the first cert, send in the second cert a week later and about 2 days after that, the money starts coming in. You do not get paid for your first three days off sick.

TheminxIRL

Thanks for the replies folks.

VictorRomeo, why a solicitor?

Stheno

TheminxIRL wrote: »

Thanks for the replies folks.

VictorRomeo, why a solicitor?

If you were thinking of claiming the old fashioned way for compensation I guess

Now it's through the Personal Injuries Board

Procrastastudy

Stheno wrote: »

If you were thinking of claiming the old fashioned way for compensation I guess

Now it's through the Personal Injuries Board

Still worth doing through a solicitor.

TheminxIRL

Ah yes doh wasnt thinking that far ahead to be honest.

Guess I am cheesed off at the boss laughing and not asking if I was ok.

To be honest if they had just paid me when I was off that would have been that I think its bad form not to look after their employees especially when there are only six of us and I only do 27 hours a week and it wouldnt break the bank

Procrastastudy

TheminxIRL wrote: »

Ah yes doh wasnt thinking that far ahead to be honest.

Guess I am cheesed off at the boss laughing and not asking if I was ok.

To be honest if they had just paid me when I was off that would have been that I think its bad form not to look after their employees especially when there are only six of us and I only do 27 hours a week and it wouldnt break the bank

No foal no fee - rather apt given your line of work

TheminxIRL

Sorry for monopolising the threads but I have just discovered this section and am relieved I can get an outside view.

I have posted a few bits here now but would like an opinion on what somebody elses next step would be

Background, in my job 1.5 years. Loved it, started off as regular staff, our manager left i "inherited" the position, no interview,no announcement just a new uniform with the manager title embroidered on it.

No training or introduction but gave 110%. Never had any bad feedback, never told I was doing anything wrong, great working relationship with the other staff, the boss and the clients.

Then in comes a new person, meant for a position in our new surgery due to open in a new town.

Completely different role to mine and from the off she was put on a pedestal. One by one all staff including my own noses were put out of joint because she was being given our roles, in a nutshell she has taken over running every element of the job.

I was the point of contact for staff, the go between the boss and them but I noticed she was doing this. The boss who is not always on site was ringing her mobile to ask for things to be done, again was my responsibility.

So I asked to meet with our director to discuss this (bear in mind he is my bosses partner) and he says that she is going to take some of the load of me to free up my time etc etc. I ask was it a demotion and was told no.

Then my boss decides to take the responsibility of the rota from me herself, no notice no reason why, just a text saying "i will do the rota this week". Again I spoke to the director, it was just because we had opened a new surgery in yet another town and because we had new staff she needed to iron it out. Fair enough but now that is set and the boss is still doing the rota.

So come two weeks ago every single responsibility has been taken from me and I have been reduced to animal care and sitting at the reception desk. I get a new title which technically means nothing makes no sense and I cant even explain what the position is despite asking several times.

So yet again I ask for a meeting because I am totally sick of it at this stage, so because my director takes in a witness i ask to take one in and took my partner in with me, which they agreed to.

So basically the director finally admits that I have been demoted, I didnt do the rota correctly I had overstaff, totally untrue i have the rotas online and can refute his claims I had five staff on some days and one the next. The rota proves I had two max which is what is needed.

I had food on the shelves which wasnt needed but yet it was what I was told from day one to order.

There was an issue with X amount of food being bought but no profit showing on accounts and not adding up. I have nothing to do with accounts and it was never ever said to me so I wasnt aware.

But the humdinger of all, he states that in the past nine months the company was been run into the ground since I took over. One i took over in May so I was only managing for 5 months and I know for a fact we were in financial difficulty from when I started a year and a half ago.

He back tracked on this when my partner asked him to clarify exactly what he was suggesting.

At the end of the meeting we had decided to go forward and allow me to take on different areas of management and he even gave me a hug and said how much of an asset I was.

Come Wednesday I go into work, the day after the meeting and my boss (directors partner) is off with me. Nit picks at me all day, shows me up in front of clients and generally made my life miserable. then I had the accident I posted about already where I got thrown to the floor and hurt my back and the boss laughed and left me lying there.

I now hate the place, we have no contracts, rarely get payslips, our hours days changed at the drop of a hat, no terms of employment, no breaks away from our workstation every employement law rule is broken.

Might be a stupid question but would you go back or high tail it to a solicitor?

So sorry for the long post and thank you for reading

TheminxIRL

What I forgot to add is that since the new girl started and has taken over my responsibilities we cannot afford to pay all staff so its obvious that I am now surplus to requirements and they are making my life so hard I might leave like the 14 others who did so the last two years!

I did actually suggest this to the director and he did not refute it.

My boss is an extremely childish person who if she is off with someone sulks, is rude and short and ignores them.

I know I am being pushed out and all the allegations made against me are untrue and luckily enough I can prove it but when I say it its brushed off.

Kristopherus

Report the firm to every regulatory body in the state. But for sure this will result in you being out of a job. Do you want to go down this route?

TheminxIRL

I dont feel I have any choice but to leave my job anyway.

There is only so much I can mentally take.

I have been demoted without being told, been falsely accused of various things, hurt myself on the premises and got laughed at by my boss.

Im not sure any job is worth it.

Surely this could be classed as constructive dismissal because I am without a doubt being forced out??

Mrs OBumble

TheminxIRL wrote: »

To be honest if they had just paid me when I was off that would have been that I think its bad form not to look after their employees especially when there are only six of us and I only do 27 hours a week and it wouldnt break the bank

Some companies won't, on principle, because the their lawyers advise it looks like they're admitting liability.

Other do, again on principle, because they believe it reduces the chance that you'll sue.



OP, would you like this thread merged with the other one you started? I think it would make sense. If you would, then report this post and one of the mods will do it for you.

orchidsrpretty

Was on Illness benefit myself for 3 weeks in November. Its all very easy to sort out. As I knew when I was going back to work, I was able to get the first, adn final cert in one. i.e I did not need to send off a cert for every week,unlike before if you are going to be sick for up to three weeks it can all be written on one cert. I got the money for 12 days on the Friday before I was due back to work. Very simple.

TheminxIRL

Sorry for being stupid, how do I report to the Mod?

Esoteric_

TheminxIRL wrote: »

Sorry for being stupid, how do I report to the Mod?

What, reporting a post on boards to a mod?

Underneath the person's username, there is an icon that is a triangle with an exclamation mark in it. Just hit that, and then a box will come up where you type the reason for reporting it.

Get legal advice

TheminxIRL

Thanks bluewolf hopefully tomorrow I will get to at least make an appointment with an employment law solicitor.

I havent given in my cert yet to work as one I am not able to move and two because my rota is usually given on a Sunday but all the other staff have been given theirs but I havent gotten mine.

I can only assume that i am not going to get one

gozunda

TheminxIRL wrote: »

Thanks bluewolf hopefully tomorrow I will get to at least make an appointment with an employment law solicitor.

I havent given in my cert yet to work as one I am not able to move and two because my rota is usually given on a Sunday but all the other staff have been given theirs but I havent gotten mine.

I can only assume that i am not going to get one

I would suggest that you document everything with times dates and those present

If you have kept a diary - good
Make sure you keep all relevant documentation and emails etc

This is very important

Do you have an existing contract of employment with your employer stating the terms and conditions of your employment?

If yes - good

If you don't - your employer is negligent in not providing you with this. They are supposed to provide this by law.


It is up to the company to appraise your work and help you if any issues are highlighted

Have you had any performance reviews to date?

What if anything have these detailed?

If you have had no Performance Reviews nor received feedback previously about your performance then the company is negligent with regard to their subsequent behaviour with regard to your role and responsibilities.

Attend the employment solicitor and get their advice.

TheminxIRL

Thanks for the reply Gozunda, no I dont have a terms of employment or contract despite asking for one several times.

I have contacted a solicitor today and am meeting with her on Thursday.

I documented everything thank God I can refute every single allegation they made against me as justification for taking my role from me

We have never once had a one to one or meeting to discuss issues in fact they only made me aware there were any issues when the director finally admitted it on Tuesday last week.

I have emails dating back to August that went unanswered asking if there was a problem and how i felt unsure of my position

I have literally emailed every third week asking if there was a problem and got nothing.

This is the pattern in there though, 14 staff have left in the past because of issues with the boss, I think they are banking on me doing the same but I will try fight my corner as best I can

Esoteric_

TheminxIRL wrote: »

Thanks for the reply Gozunda, no I dont have a terms of employment or contract despite asking for one several times.

I have contacted a solicitor today and am meeting with her on Thursday.

I documented everything thank God I can refute every single allegation they made against me as justification for taking my role from me

We have never once had a one to one or meeting to discuss issues in fact they only made me aware there were any issues when the director finally admitted it on Tuesday last week.

I have emails dating back to August that went unanswered asking if there was a problem and how i felt unsure of my position

I have literally emailed every third week asking if there was a problem and got nothing.

This is the pattern in there though, 14 staff have left in the past because of issues with the boss, I think they are banking on me doing the same but I will try fight my corner as best I can

Considering your other thread, I think you were very wise to get in touch with a solicitor. The documentation you have, and copies of your emails, will prove vital in this situation, so do not lose them, back them up as many times as you can.

For you to claim constructive dismissal or bullying, or anything really, you need to exhaust the complaints procedure, so speak to your solicitor about lodging a formal complaint with the HR department.

Also, they have to give you a contract, however as you have been there for more than a year, you have full employment rights anyway, and would have at least been on an implied contract.

TheminxIRL

Thats the thing Lynda we dont have a HR department, up to October it was just the staff and the boss.

Her partner has now come in as director as they have become a company that is our full line of complaint.

I have been to both of them many times and gotten no where so I can really exhaust it any further

Esoteric_

TheminxIRL wrote: »

Thats the thing Lynda we dont have a HR department, up to October it was just the staff and the boss.

Her partner has now come in as director as they have become a company that is our full line of complaint.

I have been to both of them many times and gotten no where so I can really exhaust it any further

Ah, that's fair enough. So, just to clarify, you've made complaints all the way to the top of the chain? If so, and they haven't been properly addressed, you have exhausted the complaints procedure and there is no option now but a solicitor.

Good on you for keeping documentation of incidents. I had a similar thing happen to me and if I hadn't had the sense to document it, I'd have had nothing to fight them with. Good luck and do not back down!

TheminxIRL

Thanks a mill I fully intend to

Not the route I wanted to go but after nearly six months of arguing my point and getting nowhere I cant do it anymore mentally.