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What are my employers obligations


kmoore04uk
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Hi all, I had a serious accident at work this Thursday just gone {the day before my birthday}. I spent 3 hours in A&E having 14 stitches in the wound just above my wrist. I had already booked Friday and Monday off work as hols. No good now as I cant do anything I wanted to do as I cant use my right hand. its looking like I will need at least 2-3 weeks off work due to the nature of my job. obviously I have bills to pay, rent, c/tax etc. What are my employers obligations. If you are a bit squeamish don't look at the att photo. Cheers Keith

 

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Even if you have booked annual leave you can call in sick on those days and get the holiday days/hours back.  As for their obligations I presume you mean sick pay, that comes down to your contract unfortunately.  If they were liable for your accident then that's another matter entirely.  If you have a union then they should be your first port of call.

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1 hour ago, jmurray01 said:

Even if you have booked annual leave you can call in sick on those days and get the holiday days/hours back.  As for their obligations I presume you mean sick pay, that comes down to your contract unfortunately.  If they were liable for your accident then that's another matter entirely.  If you have a union then they should be your first port of call.

AL should be replaced with sick days and AL hours returned to you.

If the accident is the fault of your employer, I personally would expect full pay but depends on your local policies as jmurray said - they should make reasonable adjustments on your return and possibly a phased return to work whereby you perform a different role that does not affect your wound healing - if they can't do this then I would also expect full pay. I also second speaking to a union rep if you are part of one, or maybe even if not - they are mostly helpful people who are extremely knowledgeable about policies.

https://www.citizensadvice.org.uk/work/rights-at-work/sick-pay/check-if-youre-entitled-to-sick-pay/

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If there was negligence involved (on behalf of your employer), I would be contacting a personal injury lawyer...

Hope you get better soon.

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If it happened at work and you're off for over 7 days then it is RIDDOR reportable. The report has to be made within 15 days and there should be a full investigation into the matter (this may or may not work in your favour depending on how it happened).

I'm not sure where you stand in regards to compensation. You'll have to wait for the results of the investigation

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@Luke4efc is spot on, the 7 days starts the day after the accident and includes weekends and rostered days off. If you don't report it, or your employer doesn't then you could find yourself up in court.

What were the circumstances of the accident, was it user error or a problem with machine safety\ppe?

Hope your arm heals quick!

Sent from my SM-G950F using Tapatalk

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I'm assuming your employer has not been forthcoming with help?

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Hi All,

Thanks for your help on this. I have been in to work to see my director and he has said that he will pay my full wages until I return to work full time. The accident was a no blame situation and was purely an unavoidable accident. It was recorded in the company accident book on the same day as the occurrence. I have no doubt that it will be reported to RIDDOR in the correct manner.

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  • 3 weeks later...

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