Accident At Work - Thoughts Required

[*Kosta*]

Hi all

A couple of weeks ago the missus had an accident at work, which wasn't her fault. She works in the catering industry and a faulty drinks machine caused burns to her hand (220 degrees Celsius of hot milk. Nice)

She is currently on Stat Sick Pay as she has gone over her 2 week entitlement of full pay. Upon reading her 'Employee Handbook' it states the following:

Employer said:

Accidents or Injuries

In respect of absences due to accident or injury occurring either on or off duty, sick pay under these arrangements will be paid as a loan which will be repayable to [EMPLOYERS NAME] in the event of you being involved in such occurrence and are successful in recovering damages from a Third Party or [EMPLOYERS NAME] or compensation from the Criminal Injuries Compensation Board or any other body set up for a similar purpose

I might be reading this wrong, but does this mean if she is off work as a result of an accident at work (clearly work's fault by the way), and puts a claim in, she'll have to pay all of her sick pay back? Is this sort of thing there to discourage staff from putting a claim in against the Employer?

[southendpier]

*Kosta* said:

I might be reading this wrong, but does this mean if she is off work as a result of an accident at work (clearly work's fault by the way), and puts a claim in, she'll have to pay all of her sick pay back? Is this sort of thing there to discourage staff from putting a claim in against the Employer?

no i read it as they will support the employee with finances. Should a cliam.the get made the loan would be taken back, but of course you would claim for that anway.

my reading is that this very fair of the employer. Always best to sit down with hr and discuss options.

[edc]

Normally damages is to put you in the position you would be in for the event not happening. So if you file for loss of earnings you will receive normal pay less any sick pay paid during that period.

[khushy]

why not refrain from claiming and just ask her employer to continue paying her sick pay until she is able to come back to work - lucky to have a job - you wont take action - her employer and her end up with a better relationship/value to eachother - ambulance chasers get one less commission and all that?!?!?

khushy

[elanfan]

Milk boils around 101 Deg C so how can it possibly get to 220 degrees?

[*Kosta*]

edc said:

Normally damages is to put you in the position you would be in for the event not happening. So if you file for loss of earnings you will receive normal pay less any sick pay paid during that period.

Thanks for that, that makes sense now.

[*Kosta*]

khushy said:

why not refrain from claiming and just ask her employer to continue paying her sick pay until she is able to come back to work - lucky to have a job - you wont take action - her employer and her end up with a better relationship/value to eachother - ambulance chasers get one less commission and all that?!?!?

khushy

If she doesn't lose out financially she won't be putting a claim in. The way the book is worded we thought that she'd have to pay her sick pay back no matter what (that's the loan bit).

[*Kosta*]

elanfan said:

Milk boils around 101 Deg C so how can it possibly get to 220 degrees?

It was a drinks machine. They manually heat milk up to between 140-160 degrees to steam, and then have to manually shut it off. It wouldn't shut off and got hotter.

I wasn't there so can only go off what I'm told

[*Kosta*]

And yes, i'm st at multi-quoting

[rhinochopig]

elanfan said:

Milk boils around 101 Deg C so how can it possibly get to 220 degrees?

Just as water will boil at very low temps at altitude, if you pressurise it it will boil at much higher temps - same with milk.

[khushy]

*Kosta* said:

khushy said:

why not refrain from claiming and just ask her employer to continue paying her sick pay until she is able to come back to work - lucky to have a job - you wont take action - her employer and her end up with a better relationship/value to eachother - ambulance chasers get one less commission and all that?!?!?

khushy

If she doesn't lose out financially she won't be putting a claim in. The way the book is worded we thought that she'd have to pay her sick pay back no matter what (that's the loan bit).

a sensible approach