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coolhandlew
16-02-2009, 09:17 PM
Hi all, on Friday the 13th ( of all days ) I had a bit of an accident at work. I was working on the roof of a customers building replacing a compressor when, whilst stepping over a bund from the plant room onto the flat roof my achilles tendon detached itself from my calf muscle. It felt like I'd been shot. At the time I was carrying my tool bag. I work for a company whose policy is to risk assess all jobs before commencing, ( it's the engineers job to do this ). I'm happy that no unnecessary risks were taken. The only possible blame could lie at the height of the bund wall. It was about 450mm high with no intermediate step. Following the incident I immediately informed our H&S manager who arranged some bodies to attend to assist me. Obviously client was informed.
It appears that I'll be out for quite some time, unfortunately my contract states that I'm not entitled to sick pay. Morally I think they should pay me as it happened at work. As it's only a few days ago I haven't found out yet if they will. What they have done is suggested I go and work in the office while I recover. I don't know if this is right as I'm signed off by doctor. If they don't pay me I'm considering going down the legal road. I'm thinking why should I be worse off after hurting myself making them money. The only problem with this is I'm not sure if anyone is to blame.
Has anyone had any similar experiences? Any advice would be much appreciated.

Thanks

superswill
16-02-2009, 09:28 PM
i had my tendon in my knee go some years back,the injury was not at work but affected my day to day roles,while off after the operation although i wasn't entailed to sick pay my company paid it out of good will,and i could only return to work after my doctors note had expired,iam sure its just as your contract states,i know alot of mates in the industry pay there own sick pay cover in the event this should happen

maybe abe could put more light onto this

as iam aware its down the your employer and the terms and conditions of your contract

Abe
17-02-2009, 02:36 PM
Hi all, on Friday the 13th ( of all days ) I had a bit of an accident at work. I was working on the roof of a customers building replacing a compressor when, whilst stepping over a bund from the plant room onto the flat roof my achilles tendon detached itself from my calf muscle. It felt like I'd been shot. At the time I was carrying my tool bag. I work for a company whose policy is to risk assess all jobs before commencing, ( it's the engineers job to do this ). I'm happy that no unnecessary risks were taken. The only possible blame could lie at the height of the bund wall. It was about 450mm high with no intermediate step.


What is a "bund"
It appears the "bund" is high and this is the cause of the accident.
May be worth taking some pictures of the site, and weather record for that day.


It appears that I'll be out for quite some time, unfortunately my contract states that I'm not entitled to sick pay. Morally I think they should pay me as it happened at work.


There is whats called "vicarious" liability on the firm.


As it's only a few days ago I haven't found out yet if they will. What they have done is suggested I go and work in the office while I recover. I don't know if this is right as I'm signed off by doctor.



What does the certificate say? Does it say light duties only?



If they don't pay me I'm considering going down the legal road. I'm thinking why should I be worse off after hurting myself making them money.

The only problem with this is I'm not sure if anyone is to blame.


Thanks



Im making some enquiries and will report further

coolhandlew
17-02-2009, 04:15 PM
Hi Abe,

The route to the roof in this building is via a water tank room. The bund is a wall around the room that will contain all of the water from the tank in the event of failure.

The doctors statement isn't very specific. It states that I should refrain from work for 4 weeks. I called the doctor today, he informed me that I could choose to do some office work if I wished after 2 weeks. In this event I will need to return to doctor to get the statement amended.

Thanks for your help

Abe
18-02-2009, 10:41 AM
whilst stepping over a bund from the plant room onto the flat roof my achilles tendon detached itself from my calf muscle

I work for a company whose policy is to risk assess all jobs before commencing, ( it's the engineers job to do this ). I'm happy that no unnecessary risks were taken.



You elected to step over or climb over the "bund"

I assume you undertook a risk assessment and that it was safe to do so.

You are content that you undertook no unnecessary risks



my achilles tendon detached itself from my calf muscle

Have you a previous medical history relating to this condition?



unfortunately my contract states that I'm not entitled to sick pay. Morally I think they should pay me as it happened at work.


If the contract says no sick pay, a court will strike out this term if it thinks the term is unreasonable or is in breach of an existing statutory requirement

You are party to this contract and you agreed to this term being contained within your contract.


The only problem with this is I'm not sure if anyone is to blame.

A claim in personal injury will have to be based on the fact that someone was "negligent" and your hurt is due to this.

Where a "party" is negligent you are free to pursue a claim for damages, providing you can prove that someone was at fault that caused your injury.

Abe
18-02-2009, 02:42 PM
As far as Statutory Sick Pay, all the information you require is contained here:

http://www.dwp.gov.uk/lifeevent/benefits/statutory_sick_pay.asp

taz24
18-02-2009, 07:24 PM
Hi all, on Friday the 13th ( of all days ) I had a bit of an accident at work. I was working on the roof of a customers building replacing a compressor when, whilst stepping over a bund from the plant room onto the flat roof my achilles tendon detached itself from my calf muscle. It felt like I'd been shot. At the time I was carrying my tool bag. I work for a company whose policy is to risk assess all jobs before commencing, ( it's the engineers job to do this ). I'm happy that no unnecessary risks were taken. The only possible blame could lie at the height of the bund wall. It was about 450mm high with no intermediate step. Following the incident I immediately informed our H&S manager who arranged some bodies to attend to assist me. Obviously client was informed.
It appears that I'll be out for quite some time, unfortunately my contract states that I'm not entitled to sick pay. Morally I think they should pay me as it happened at work. As it's only a few days ago I haven't found out yet if they will. What they have done is suggested I go and work in the office while I recover. I don't know if this is right as I'm signed off by doctor. If they don't pay me I'm considering going down the legal road. I'm thinking why should I be worse off after hurting myself making them money. The only problem with this is I'm not sure if anyone is to blame.
Has anyone had any similar experiences? Any advice would be much appreciated.

Thanks

Two points from me.

First is I hope you make a full recovery.

Second is if a company did not pay my wage under that situation I would refuse to work for them.

The no pay sick policy is for people who phone in sick while still hungover or at the slightest sniffle..
You hurt yourself while at work and in my opinion they should pay you a wage.

All the best

taz

.

coolhandlew
18-02-2009, 09:30 PM
Taz, I know what you mean. I've worked for them for 5 years and never had a day off sick. Hopefully they'll see it the same way.

Cheers

Lew