Work Injury - May Be Laid Off

[Belfin]

Hi All,

 

I was injured at work in May of last year. My company has, without hesitation, fully admitted liability for my injury.

 

I was off work for 13 weeks and was being paid my basic wage, less my fixed rate of bonus. When I returned to work I was on reduced hours and reduced pay for a few weeks and then returned to normal hours and pay just before christmas.

 

My injury has never stopped affecting my work and I am still receiving hospital treatment for it even now.

 

In July of this year, I could not pretend all was well anymore so I sought an appointment with the company doc. He recommended that I go back onto light duties, resulting in my wages being reduced again. I've been on basic wage plus 80% bonus ever since, meaning I'm about £40 quid down per week.

 

The human recources dept are aware that I am claiming my previous loss of earnings back via my union and when I complained they just told me to add all this to my claim.

 

I know I cannot function in my current role as my injury needs time to settle down. The company has been looking at alternative positions for me, albeit in positions of reduced wages, with no success

 

I have a meeting next week with the business manager and human recources advisor. I honestly think I'm going to be laid off.

 

Does anybody know what I'm to expect, or what I need to do, or what I'm entitled to?

 

I'd appreciate any advice - thanks for reading my ramble!

 

Cheers.

[bazak1]

HI Belfin. i would have a look at acas.org.uk and/or direct.gov

These are two really helpful sites where you will pick up all the info you need. I believe you can mail them direct for a more detailed answer, but i'm not 100% sure.

Good luck

[purejayne]

Have you thought about putting in a claim against the Company for your injuries if they have admitted full liability?

[Belfin]

Thanks for the links bazak1, very helpful.

 

I do have a claim against the company for injury and loss of earnings purejayne, but my union solicitor (Unite) says it's difficult to come to a full and final settlement while my injuries are still a problem.

 

Thanks for your replies and help!

[purejayne]

Look into trying to get an interim payment to tide you over - if liability is not in dispute then its worth asking your union solicitor to approach the Company's solicitors - you've nothing to lose. If this claim is going to be ongoing for a while it seems unfair to expect you to wait months or even years before a settlement is reached.

[elche]

my union solicitor (Unite) says it's difficult to come to a full and final settlement while my injuries are still a problem.

 

This is true. If your medical prognosis is 'guarded' then your solicitor has two problems. Firstly, how to value your injury, and secondly what to do if your prognosis is still guarded three years after your accident.

 

Most solicitors use the JSB Guidelines and / or Kemp & Kemp to value a clients injuries. E.g. soft tissue injury shoulder, full recovery in 'x' months will enable the solicitor to place your injury within a band of values e.g. £1500 - £1900.

 

If as you say you have still not recovered then your solicitor will be unable to value your claim properly. You must remember that when your claim is eventually settled, it will be full and final - and thus if you subsequently discover the injury is more serious than thought when your claim was settled you risk being under compensated.

 

Thus, any decent solicitor will wait and if necessary issue the claim to prevent limitation expiring and then request the court postpone the claim whilst treatment is sought in an attempt to achieve a definitive prognosis. This can go on for years, however normally after 5 years (from date of accident) most specialists will place any residual symptoms as permanent.

 

If your employer as you have said has admitted liability, then you should request an interim payment.

 

If your earning ability has been affected by the accident, and the medical expert agrees that the accident is the cause, then do not worry you should receive all past loss of earnings, and also payment to cover any predicted future losses wholly or mainly attributable to the index accident.

 

Sorry to have concentrated solely on the injury element, if you are indeed ‘laid off’ I presume you mean ‘dismissed’, following your pending meeting then please let us know and I’m sure you’ll get some good advice here.

 

Good luck

 

Che

[Belfin]

Wow elche, very helpful reply. Put my mind at rest on the financial side!

 

Thanks all very much for your advice.

[Belfin]

Just a quick update...

 

The help given to me on here was very helpful, an interim payment is being sorted awaiting a final settlement - thanks for the advice!

 

My meeting never materialised last week, so I spent the week in a temporary position at work so as not to aggrevate my condition further.

 

This morning I got the letter I've been dreading - meeting with HR and business manager this friday. Letter hints very strongly to my dimissal due to ill health.

[Belfin]

Got my meeting in the morning, so just preparing myself, what to mention, what to expect etc. My union rep will be with me, so hopefully all will be ok.

 

If I do get dismissed, I've been told I'm getting four weeks wages and another four weeks wages tax free.

 

Surely considering it was my company that injured me they should compensate me for the loss of my job?

[patdavies]

What have HSE said/done about all of this?

[elche]

Surely considering it was my company that injured me they should compensate me for the loss of my job?

 

The compensation for your loss of job is subject to two distinct claims, that are related. They are a:

 

1) Potential claim for unfair dismissal and / or any other employment related claim in relation to the way you were (or maybe) dismissed. I have given no advice or opinion on this.

 

Second,

 

2) Is the claim you have ongoing for an accident at work (EL), which your solicitor, is dealing with.

 

Ensure that your solicitor, dealing with your EL claim, is aware of what is happening to you at work.

 

PROVIDED that the medical expert in your case, links the action of your employer, with your accident then you should be compensated for any loss of earnings, past and present, and potentially future, linked with this action.

 

The crucial factor is the medical report, and you need to ensure that you agree with any prognosis given by the medical expert. If they (the medical reports) have been disclosed to the defendant’s solicitors, you're basically stuck with them.

 

Look back at the reports, and check what they say in any section headed ‘Employment Prospects, Future Employment Prospects’, or anything similar.

 

What the medical reports say is essentially in respect of the EL claim, what you can claim for.

 

If, they support the fact that your dismissal is related to your accident, then as your employer has admitted liability for your accident, your solicitor should be able to ensure that your are compensated for this.

 

Good luck

 

Che

Edited October 10, 2008 by elche
For the grammar police

[Belfin]

Hi All,

Just a brief update again....

Had my meeting yesterday morning accompanied by my union rep.

 

HR Adviser and Business Manager were keen to get across the point that they have been trying to find me an alternative role within the company. They provided me with copies of internal emails between departments as their evidence of this.

 

They've found nothing suitable to allow me to get fit again. It looks like I've lost my job.

 

I was however offered a compromise agreement; four weeks wages taxed, four weeks lump sum, and the remainder of my holiday entitlement earned (only one day). It's a total of just under three grand.

 

There is a clause in the agreement that I cannot later pursue them for unfair dismissal. However, they are obviously already aware that I have a separate claim already running.

 

I'm at work again on Monday for one last week, as I have a final meeting at the same time, same place next Friday to tell them my decision. They have assured me that they will continue to look at other roles for me until then.

I'm not being greedy, but the company has already admitted that my accident was their fault on two counts (poor housekeeping and negligence). As a tradesman, I'm not just losing my job; I'm losing my whole livelihood! I’m going to have to retrain in something and courses cost time and money.

 

Patdavies - I've never heard a thing from the HSE. The accident could easily occur again as no preventative action has ever been taken - unbelievable! In actual fact, on Monday when I took union rep into my workplace to remind him how my accident had occurred in May last year, the whole dangerous scenario was exactly the same!

Cheers all for your help.

Edited October 11, 2008 by Belfin