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Accident - Return To Work Help?

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Good day all,

 

Am after a few pointers please as unsure of which way to go to ensure I do everything correctly.

I had a work accident in November 2015, HGV Driver, a slip plate hadnt been fitted the right way round, on exiting I slipped crashing onto the road.

I broke my leg, foot and ankle with damage also to the ligament.

I have so far had 3 surgeries under general to have metal plates, pins and screws fitted. The healing process has been a terrible ordeal and I have been unable

to weight bare until only recently.

At present the consultant cannot see anymore surgery is required but I have however got a limp with pain.

It is my intention to try and return to work within the next month as have been off since accident.

 

However, the company has not shown any empathy or compassion.

 

I was advised that the companies insurance would cover my basic wages at time of accident, however there call / contact never materialised.

 

When receiving my first monthly pay, it indeed only contained SSP.

 

Communication from the company dissapeared, emails where read but never answered, text messages the same and phone calls resulted in "manager / supervisor" not here

but we get them to call back which didn't happen.

 

Therefore, I seeked advice from Citizens advice whom advised me to make a claim against them for the accident.

 

I contacted a solicitor directly whom has took on the case which is still ongoing.

 

Therefore, I'm at a bit of a loss as to what to do now with regard to returning?

 

Should I email them and advise about my intented return?

 

I will have to potentially have a phased return due to the period I have been off and to build up the strength again with my leg.

 

I have been there since November 2014.

 

Thank you


Advice & opinions given by Stinkyfeet are personal, are not endorsed by Consumer Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional. :wink:

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have you discussed what a fit note would say with your doctor?


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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have you discussed what a fit note would say with your doctor?

 

Thank you, no I havent as yet, just wanted to get this sort of advice so I know which way to go.


Advice & opinions given by Stinkyfeet are personal, are not endorsed by Consumer Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional. :wink:

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Does your company have an Occupational Health Service provider?

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Do you have evidence that they admitted any fault in regard to this accident and that your wages would be covered by Insurance ?

 

I suspect that you have now been sent to ' Coventry' with the company ignoring you and employees told not to speak to you, because there may be a legal claim against the company. You should contact tbe companies HR Manager in writing to enquire about the return to work process and see what happens.

 

Think you need to find out the legal position in regard to the reporting requirements of accidents at work, where a HGV is involved. It might just be a slip plate involved, but it might cause the company an issue in regard fo the maintenance of their vehicles. If an official report was made, it might mean they have to have their vehicles checked and their maintenance regime checked to make sure it complies with all standards.


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Also as you were off for that period of time, you may want to make a RIDDOR report yourself online.


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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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Thank you all so much for your replies, it is greatly appreciated during this time.

1) No there is no occupational health on site.

2) Yes bang on the nail, I have been sent to Coventry and obviously ignored by all management, however I do still hear off friends (fellow colleagues).

3) I have been advised that the vehicles are having the plates fixed so they cannot be moved / removed.

4) I do have in text message about sick claim from a manager with regard to wages in the early days before door was shut.

5) not sure about RIDDOR, don't know much about that sorry.

 

Thank you

Carl


Advice & opinions given by Stinkyfeet are personal, are not endorsed by Consumer Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional. :wink:

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Are you in a union?

If so they may provide legal expenses insurance.

If not, what funding method have you agreed with your solicitor?

 

The insurers may be willing to make an interim payment - check this with your solicitor.

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http://www.hse.gov.uk/riddor/reportable-incidents.htm

 

This page will be of use to you

 

"

Over-seven-day incapacitation of a worker

 

Accidents must be reported where they result in an employee or self-employed person being away from work, or unable to perform their normal work duties, for more than seven consecutive days as the result of their injury. This seven day period does not include the day of the accident, but does include weekends and rest days. The report must be made within 15 days of the accident."

 

 

Note that it is the employers responsibility to report the incident within 15 days.

 

 

You can raise a concern here

http://www.hse.gov.uk/contact/concerns.htm

 

You also have the right to request from your employer a copy of the RIDDOR report :) Maybe ask your solicitor about this.

 

 

 

You should now start doing things in writing and ensure proof of postage and delivery and attach to a copy for your records.

 

 

Also If you were a union member then this would be a good thing however they would not be able to help now as you have instructed a solicitor.


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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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Agree with the above advice, get the doctor towrite your fit note and turn up un the date it says on that note (might be worth letting company know in advance you will be back then) and expect to resume the normal duties or other such work that are prescribed in your employment contract. If they refuse to provide you with any work then they have to pay you for not doing the job you are contracted to do.

As said, any accident at work that causes an absence of more than a certain time HAS to be reported under RIDDOR, which is the Reporting of Injuries, Diseases and Dangerous Occurences Rges. They have been law since 1991 so not new. You can report to HSE yourself if company havent, they are supposed to do so within a fortnight of the event and immediately for deaths and certain other accidents. All of this will help your compensation claim. They may well offer an interim settlement of your lost pay but dont sign to say you accept this as a full settlement or precluding any further claim.

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Thank you to you all for your replies, it is greatly appreciated.

No there is no union present within the company.

 

The solicitor is funding the claim on a 25% no win no fee as I have no means or insurance to cover this myself.

 

Thank you for highlighting the RIDDOR, I shall check with solicitor if they know if this has been done or not, if confirmed not, then I will indeed report it myself.

 

With regard to communicating with the company, I only do in writing by post & email, signed post confirms receipt of letters and email read receipts confirm they have been read.

 

A very big thank you, never been out of work in my life and having the door closed on you is not the nicest of feelings for sure.

 

Carl


Advice & opinions given by Stinkyfeet are personal, are not endorsed by Consumer Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional. :wink:

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Sorry forgot to add, no interim payment has ever been offered by the company or insurers


Advice & opinions given by Stinkyfeet are personal, are not endorsed by Consumer Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional. :wink:

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Get ready for the company to blame you for the accident and it was nothing to do with a faulty vehicle. If there were any witnesses, i suspect that they might not be helpful.

 

Them not paying you and not helping, suggests that it has not been reported to the companies Insurers ?


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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Thank you to you all for your replies, it is greatly appreciated.

No there is no union present within the company.

 

Just for future reference, there is no need for a union to be in any company, normally they are external to the company you work for and whether they recognize a union or not, you have a legal right to belong to one and are protected form being treated less favorably should you do so. Also you do not have to declare membership so until you need them they do not even need to know you are a member.


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

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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From past experience get ready for lots of nasty comments as well - and from experience no need for a union is required as agree to SabreSheep

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Ask the HSE about the reporting, not the solicitor. It is a legal requirement so something you can bash them with via your solicitor later if they havent.

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