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ACCIDENT AT WORK.Is an accident book required and what about loss of wages.


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After a few requests from the secretary,

asking for the bushes to be pruned,

my wife pruned them a week last friday.

sadly she got an infection in her right hand ,which spread to her right arm.

 

She has been off sick for nearly a week now after the infection that started in her hand causing swelling quickly spread to her arm, causing that to swell too.

 

As my wife is part time, she only earns around £76 from her employer so I am guessing she won't be eligible for SSP.Is this correct,

as I believe an employee has to be earning at least £111.00?

 

As the accident occured on her employers premises,

is he therefore legally obliged to pay her full pay while she is off sick?,

furthermore, can she also claim for loss of earnings from her second part time job?

 

As the company only employs around 4 or 5 people,

are the company obliged to have an accident book?

 

 

.the law states that a small company are not obliged to do so,

but what is interpreted as a "small Company"?

 

Her employer did not provide my wife with any PPE.

My wife provided her own gardening type gloves.

 

Any help with the law and any implementations would be greatly appreciated.

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Was it her role to undertake gardening tasks and if so what health & safety training/assessment has been made ?

 

How long has she had current employment contract ? Is it a permanent contract for part time hours ? What does the contract say about sick pay ?

 

Has your wife any proof that pruning the bushes caused the infection ?

 

Did your wife notify her employer of being injured while pruning the bushes ?

 

Not sure about your many questions. ACAS has an employment advice line.

 

SSP only applies if on at least £112 a week.

 

Appears RIDDOR requires reporting of all work related injuries.

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RIDDOR reporting is automatic if an employee suffers a work related injury and is absent for 7 days or more.

 

Your employer has a statutory duty to provide PPE on any issues identified to limit harm

 

It is statutory duty to report all work related injuries and have them recorded in an accident book etc only FOR 10 WORKERS OR MORE EMPLOYED at the same time

 

I have to ask though is it in your usual job description to be Alan Titchmarsh??

 

If so you should be paid for your absence, that will be in your contract of employment

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After a few requests from the secretary,

asking for the bushes to be pruned,

my wife pruned them a week last friday.

sadly she got an infection in her right hand ,which spread to her right arm.

 

She has been off sick for nearly a week now after the infection that started in her hand causing swelling quickly spread to her arm, causing that to swell too.

 

As my wife is part time, she only earns around £76 from her employer so I am guessing she won't be eligible for SSP.Is this correct,

as I believe an employee has to be earning at least £111.00?

 

As the accident occured on her employers premises,

is he therefore legally obliged to pay her full pay while she is off sick?,

furthermore, can she also claim for loss of earnings from her second part time job?

 

As the company only employs around 4 or 5 people,

are the company obliged to have an accident book?

 

 

.the law states that a small company are not obliged to do so,

but what is interpreted as a "small Company"?

 

Her employer did not provide my wife with any PPE.

My wife provided her own gardening type gloves.

 

Any help with the law and any implementations would be greatly appreciated.

 

What is your wife's job description? Has she ever pruned the bushes before?

 

As UB has asked, was the accident reported in the accident book? Has your wife sought medical attention?

 

Your wife will need to check her employment about receiving company sick pay. It's not necessarily automatic.

 

Many thanks.

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As with most contracts there will prob be a clause "And any reasonable task requested" etc

 

So it will be down to a few things as already mentioned.

 

1. Any Risk Assessment carried out? (These do not necessarily need to be written down!)

2. Any training given

3. Any PPE required by risk assessment provided and USED properly

4. Any training required and given and

5. Did employee follow training and use of PPE

6. Did employee do anything to cause the issue

7. Can the infection be proven to be from that accident

 

Long story short, there is no blanket guarantee that an employee injured at work is required to be paid.

 

If employee is not at fault it is good practice to pay in order to mitigate any possible future claim

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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