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Wife injured, signed off sick, needs to work...different job??


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Sorry for the poor title!

 

My wife was injured in a car accident in early December and as such has been signed off of work as a cleaner since. She is suffering with back injuries.

Her employer got in touch to say that as of 23rd Jan, she will be on half pay and that after 25 March if she has not returned to work it will go to no pay.

 

We asked about her going and doing light duties but this wasnt an option.

 

My wife has now been offered a part time job that would enable her to earn a little without the job being at all physical and so not putting any strain on her back. She would like to return to her cleaning job as soon as she is fit.

 

If we go to the doctors and he says it would be ok for her to do this part time job but not the cleaning job, where do we stand from an employment point of view? Would her current employer be able to dismiss her because she got a new job? Im pretty sure they would think something strange is going on but we need the money and whilst ideally I would like for my wife not to work at all untill she has been declared fully medically fit, needs must. :-(.

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Hi Jotto,

 

Is your wife making a claim in respect of personal injury and ancillary losses that seem to flow from this accident? Who has been deemed at fault for the accident? Any medical report?

 

As regards sickness I do remember that it is technically possible to be fit for one job and not another - e.g.a salesman signed off work with stress gets a PT job in a florists. Just working in the other job whilst sick from the other would not necessarily be a fair reason to dismiss in that example.

 

BUT - you must be capable of arguing that the reason given for the sickness is one which entitles you to do one job and still be genuinely too sick to do the other.

 

Are the jobs sufficiently different so that you could claim this?

 

Che

...................................................................... [FONT=Comic Sans MS]Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.[/FONT] [FONT=Comic Sans MS] I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.[/FONT] [FONT=Arial Black][FONT=Comic Sans MS][COLOR=Red]'Venceremos' :wink:[/COLOR][/FONT][/FONT]

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I agree - but there are dangers too. The cases that elche refers to are generally people doing part-time jobs in addition to (in other words, at a different time) to their main occupation. If her doctor advises that this would be ok, then I think she has to inform the main employer and get permission, or she does run the risk of them assuming the worst. And make sure that it is all done in writing.

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Hi Che,

Thanks for the prompt reply.

The accident was caused by another driver who has admitted liability and whilst we did not want to pursue it further, our financial situation means we need to recover our out of pocket expenses. To this end and via the motoring part of the forum, we have made contact with a personal injury lawyer to recoup these losses.

 

My wifes cleaning job is a physical one with plenty of bending and although it may sound silly, the mopping action really aggrevates her condition, hence the reason she has been signed off. She has seen a physio twice and he told her it is very unusual to still be experiencing the pain and tenderness that she does.

 

This new job is office based and as such does not require her to be stood for several hours at a time and does not involve any manual lifting and handling.

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I agree - but there are dangers too. The cases that elche refers to are generally people doing part-time jobs in addition to (in other words, at a different time) to their main occupation. If her doctor advises that this would be ok, then I think she has to inform the main employer and get permission, or she does run the risk of them assuming the worst. And make sure that it is all done in writing.

 

If the doctor agrees that it is possible for her to carry out this 2nd job, would her employer have any grounds to refuse her permission to work? If she is unfit for her cleaning job but is capable of doing the 2nd job until she regains full fitness and is able to return, Im hoping this wont cause any problems. Unforunately, we need to make sure the bills are paid and food is on the table.

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To this end and via the motoring part of the forum, we have made contact with a personal injury lawyer to recoup these losses.

 

Great - you should not feel guilty about making a claim if you are injured as a result of a third party's negligence - that's why we have a law of negligence and why the Road Traffic Act says that all drivers must be insured!

 

Ultimately your sol dealing with the PI claim should ensure that any losses which 'flow from' the accident including loss of earnings are recouped - ensure you keep the sol up to date with any losses due to change in circumstances.

 

Also as you already have a sol acting for you ask them if one of their colleagues (assuming they work in an multi-disciplinary firm) who deals with emp law can have a quick look at your case - after all you are already a client of the firm.

 

I'd agree with SarEl that a 'cards on the table' approach is best. I would talk \ write to her employer explaining that she is medically capable of Job A but not Job B and explain why and ensure your GP agrees. Re-iterate her offer of work for employer in light duties. Ask them straight out if they have a problem with this.

 

Che

...................................................................... [FONT=Comic Sans MS]Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.[/FONT] [FONT=Comic Sans MS] I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.[/FONT] [FONT=Arial Black][FONT=Comic Sans MS][COLOR=Red]'Venceremos' :wink:[/COLOR][/FONT][/FONT]

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Many thanks to you both!

Will contact the solicitor tomorrow and see if they can offer any advice. Will also go in and talk to her employer and get everything in writing.

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