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brighteyes24

Are they liable for sick pay?

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Hi all, I wonder if someone can help me on behalf of my brother in law.

 

He has worked for a well-known Building materials store for the past 2 years and in all that time they've not particularly treated him well - they lost his P45 and mucked up his tax etc as a consequence which, two years later is still not right.

 

Anyway, he finally found another job and his last day was Friday. Friday lunchtime, he had an accident - a barrier which was tied up with string swung open and cracked him in the leg, knocking him over. He was in agony but the store manager made him get up and walk upstairs to the office to fill in the accident book. He kept telling him that he was in agony and needed to go to hospital but he wouldn't call an ambulance. In the end, he agreed to take him to the hospital but dropped him off the door at A&E and told him he expected him back within the hour.

 

My brother in law had an x-ray and was discharged later that day in a velcro splint and told to come back in two weeks as he had fractured his patella. He was in agony all over the weekend and then yesterday morning my sister in law got a call from A&E to say that the trauma team had taken another look at the x-ray and he needed to come back in immediately. They had been trying to get hold of him since Saturday but the receptionist at the hospital had failed to take a phone number for him and so they had to get my sister in law's number from the GP yesterday morning.

 

They operated last night. He now has his knee pinned and is in a full leg cast for at least 3 months and may need another operation as it is so badly damaged.

 

My sister in law is in a state and I want to put her mind at rest so my questions are these:

 

- The fact that it was his last day, will his firm have to pay him sick pay as the accident happened at work? They don't think his new job will be kept open that long.

 

- Are the firm negligent in their handling of the accident?

 

- Do they have some comeback with the hospital the fact that they discharged him on Friday when they shouldn't have and also didn't ask him for a phone number?

 

- If he isn't entitled to sick pay, what other benefits can they apply for as they are both worried sick that they will lose their house etc while he is recuperating (my sister in law is also on long term IB as she suffers with a rare malabsorption condition and also suffers with depression)

 

Many thanks for any help you can give me.

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i am no expert but my opinion would be that he can take them to court to claim conpensation for the injury and claim loss of earning along with this. it may be dragged out over a long time though, my mum has been in the process of legal proceedings with her employers over a back injury for almost 2 years now.

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His employer is also legally required to report the accident to HSE under RIDDOR.

 

It would be interesting to get a medically-qualified opinion as to whether the actions of his manager were negligent in that they caused a worsening of the injury. Has the company not got a first aider?

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Has the company not got a first aider?

 

They must have as they are a big company but I think the manager is so useless that the whole store is in a mess.

 

The main thing they are worried about is whether he will get paid any sick pay as without it they just won't be able to survive.

 

They have now contacted a personal injury lawyer who is coming out to see them tomorrow so we will see what the outcome is.

 

thanks for your advice

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