Sick leave after an accident

Discussion in 'General Chat' started by Antsz, Jul 18, 2019.

  1. Antsz

    Antsz
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    Hello
    Just after a bit of advice really,y wife had an accident in April when a hot water heater spilt and and she received a server burn to her arm. She was off work for 4 weeks. She receives 4 weeks sick pay per annum.
    Now this is were it doesn't sit right with me, she used her 4 weeks sick pay due to the accident which was no fault of her own and now if she is sick and off work she won't get paid. Does this sound right ?
     
  2. davidjohnson

    davidjohnson
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    Can't you make a claim against the owner of the faulty water heater for loss of earnings?
     
  3. MrFraggle

    MrFraggle
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    Who on earth does she work for that has decided that she can only be sick 4 weeks in any one year?
     
  4. davidjohnson

    davidjohnson
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    My wife works for a company who don't pay any.
     
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  5. Cobb

    Cobb
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    One weeks full sick pay for each year of service for myself, then statutory pay afterwards.
     
  6. MrFraggle

    MrFraggle
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    Wow, I really did not think this happened.
     
  7. davidjohnson

    davidjohnson
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    It's hard to believe in this day and age :(
     
  8. mikeysthoughts

    mikeysthoughts
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    First take a look at the rules around SSP Statutory Sick Pay (SSP)

    And find out why this isn't being paid for the full 28 weeks. Then have a chat with citizens advice about next steps.

    If the heater was faulty or your wife wasn't trained or supervised properly, then she may have a claim. After citizens advice, speak to a solicitor if appropriate.
     
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  9. John7

    John7
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    Was the accident at her place of employment?
     
  10. BT Bob

    BT Bob
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    My wife works for a very big firm of solicitors and, by default, they only pay 5-days' sick. After that, you're on your own with SSP.
    When she was receiving treatment for cancer, and took 3 months off, they did pay her 6 weeks full and 6 weeks half-pay.

    I was a bit stunned as, having worked for over 40 years for a company that paid 6-months full and 6-months half, I realised I'd been spoiled. Though, thankfully, I never needed it.
     
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  11. tommitch

    tommitch
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    As harsh as it is, that's what sick pay is for, she was off sick so she used her sick pay, after those 4 weeks it will revert to SSP, so still getting paid but not as much.

    In comparison, my company's policy is only get paid SSP, but the first 3 days of sickness are completely unpaid.
     
  12. danmc_82

    danmc_82
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    Sick pay is a benefit, not a given. Luckily I work for a company with very good sickness benefits.

    unfortunately people take advantage of sickpay which is why some companys are harsher than others.
     
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  13. noiseboy72

    noiseboy72
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    She should continue to get SSP, but if her company contractually only pays 4 weeks, there's not a lot you can do.

    I am assuming the accident with the heater didn't happen at work? If it did, it changes things a little as they have a duty of care to ensure she is not out of pocket due to their negligence and it would not be unreasonable to expect that she would be paid normally during her absence.

    One caveat with this is if damages are claimed for loss of earnings, some companies will treat any pay they voluntarily gave you as a loan and will claim it back from any damages you receive. Same goes for any insurance that pays out if you cannot work.
     
  14. Cobb

    Cobb
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    Very generous company I work for in regards to sick pay. No pay for the first 3 days after that it’s one weeks full pay for each year of service capped at 10weeks, then statutory afterwards. Some of the old timers on old contracts get paid from the first day.

    It’s exploited all the time where I work with people conveniently using all their sick pay as though it’s an entitlement on top of their annual holiday allowance.
     
  15. noiseboy72

    noiseboy72
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    Yep, I have medical insurance as part of my salary package and I get paid @ full rate for up to 12 months, subject to an independent medical assessment that I am unfit for work.
     
  16. shoestring25

    shoestring25
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    agency workers get no sick pay and often get marked down as a strike against them for not being available to work. 3 strikes in a year and your gone
     
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  17. MrFraggle

    MrFraggle
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    Thats true, I had some experience of these leeches when I was in the building trade.
     
  18. Antsz

    Antsz
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    Yes it was ,.the unit became faulty. She does.not wish to claim as she likes her job and feels she it will become awkward working there, at this moment in time she just feels it's unfair that she had to use her sick days for an accident that wasn't her fault
     
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  19. Greg Hook

    Greg Hook
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    Not being paid when you are off sick is more common that you would think.

    Where I work, the hourly paid staff get no sick pay at all, just SSP.
    It is common in our industry.
     
  20. noiseboy72

    noiseboy72
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    I really think she needs some proper advice and considers a claim. This could be well into the thousands with 4 weeks off work and it should not affect her employment. (That would result in another claim if they tried to bully her to leave)

    As I said in an earlier post there's a duty of care for employees and not paying her fully while she was off injured - or denying her further sick pay because of the incident is not showing a good duty of care.

    I don't know what size company she works for, but if it has an HR dept, if it was me, I would be asking for a meeting to discuss and at least look at the options.
     
  21. mikeysthoughts

    mikeysthoughts
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    Agreed. And it is mandatory for the employer to have insurance so they shouldn't lose out directly.

    Don't just think about now, but what happens if she doesn't recover fully or can't go back to work? Long term you'll be far better off coming to a well-advised decision rather than some vague notion of not wanting to create ill-will.

    Where's the goodwill from the employer to pay more than 4 weeks?!
     
  22. gibbsy

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    No doubt there is no union at her place of work. That accidents fall under the Health and Safety statutory regulations. The company has a duty to it's employees but not claiming she is allowing the company to bully her. If she makes a rightful claim for compensation and is successful and the bosses put pressure on her then she could also make a claim for unfair or constructive dismissal.

    Too many companies play fast and loose with their workers health and safety. It should not be tolerated.
     
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  23. Antsz

    Antsz
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    She works for one of the largest companies in the UK and to be honest from what I have seen, HR are.useless.
    I have tried to persuade her into making a claim but it's falling on deaf ears, she likes working there and has been there years but is worried if they make her life hard.
     
  24. mikeysthoughts

    mikeysthoughts
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    HR are never there to help the employee, they are there to cover business interests.

    It's a shame but if she's not willing to engage in making a claim then there's not a great deal more to be done.

    If she's been there a while (more than 2 years) they cannot fire her as it would be unfair dismissal. If she is made uncomfortable and leaves as a result, it would be constructive dismissal.
     
  25. noiseboy72

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    So here's a potential reverse of causing a fuss and not sitting back and not saying anything...

    Another person could be injured in a similar way, as there was no escalation, as no one said anything. Your wife's manager will think that she's not the sort of person to complain and will see her as an pushover. They could therefore treat her less well than her colleagues - again knowing nothing will be said.

    I really would urge her to say something, if not for herself, but for others who might end up in a similar position.
     
  26. mikeysthoughts

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    You've got a point but I'm not sure it's fair to emotionally blackmail OP's wife. It is essential that any incidents are reported to the employer (in fact, many employment contracts require this), but if she isn't comfortable with making a claim or raising a fuss then ultimately a forum of strangers is unlikely to persuade her otherwise. Making her feel responsible for future accidents is possibly going to make it more emotive.

    For what it's worth, I would continue to advise that you at the very least seek citizens advice and give strong consideration to making a claim against the company's insurance.
     
  27. noiseboy72

    noiseboy72
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    Sorry, I didn't mean this to be used as emotional blackmail and I appreciate that if her mind is made up, then it's not worth the stress to change it.

    It might be worth using this as a little leverage to get more sick pay however. A quiet word with a manager with HR in attendance and possibly they will be a little more lenient!!
     
  28. mikeysthoughts

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    Yeah I didn't for a second think it was intended as such, and it's always worth a chat with the right people!
     
  29. rousetafarian

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    It’s quite common I learned to my surprise
     
  30. gibbsy

    gibbsy
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    It's also essential that the incident has been recorded in the 'accident book'. This should have been carried out by her immediate superior.
     
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