Injury pay

Fizzy Duck

Hi,

In a situation where someone was injured (concussion) at work during their normal duties and the employer pays them during this period, is this accepting responsibility?

If that person was deemed unfit to work and employer then decided they no longer wanted to pay the employee. Is this legal?

A reading of a company rulebook states employees will not be paid during time off for any work related injury. So by deviating from this have the accepted responsibility?

Kind regards

nuac

Mod
Leaving open for general discussion subject to rule against legal advice

Fizzy Duck

nuac wrote: »

Mod
Leaving open for general discussion subject to rule against legal advice

Sorry about that is it more appropriate if I phrase the questions less specifically?

NUTLEY BOY

Fizzy Duck wrote: »

Hi,

In a situation where someone was injured (concussion) at work during their normal duties and the employer pays them during this period, is this accepting responsibility?

If that person was deemed unfit to work and employer then decided they no longer wanted to pay the employee. Is this legal?

A reading of a company rulebook states employees will not be paid during time off for any work related injury. So by deviating from this have the accepted responsibility?

Kind regards

Observations on the general issues arising from this type of situation ;

Payment of earnings during sick leave is not an admission of liability.

Company rules on paid sick leave effectively state the rights and obligations of both parties. Where sick leave is designated as being unpaid this does not prevent an employer choosing to exercise discretion by making payment. This would not be likely to be construed as acceptance of liability.

Payment of earnings during absence on sick leave would be set off against any claim for loss of earnings in a personal injuries claim if the employer terminated payment.

Liability would have to be established in the usual way on the law and the evidence. The standard of proof is that of the balance of probabilities. The good news is that in the context of the master / servant relationship there are a number of particular or specific duties of care which don't operate in many other types of personal injury claims e.g a safe system of work. This tends to make employers' liability claims hard to defend much of the time

In short summary, fault must be proven to the required standard.