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#1 Posted : 02 November 2006 13:23:00(UTC)
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Posted By April Catherine Harvey Could someone advise me please if it is a legal requirement to pay and employee his/her full salary if they are off due to an accident at work? Thanks April
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#2 Posted : 02 November 2006 13:43:00(UTC)
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Posted By Tommy Cooper In simple terms the answer is yes, an employee should be paid if they are unable to work due to an accident at work. But this opens up a can of worms as it depends on many factors such as if they were at fault, if horseplay was involved etc.
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#3 Posted : 02 November 2006 14:26:00(UTC)
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Posted By J Knight Hi Tommy, Are you sure about this? I think that absence due to an accident should be treated as any other accident in terms of sick-pay, that is, it would depend on the contract. I'm pretty sure there isn't a legal requirement, though obviously paying somebody their full pay will reduce any damages which might be claimed, John
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#4 Posted : 02 November 2006 15:09:00(UTC)
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Posted By TouchBasehse All down to the contract of employment with this one.
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#5 Posted : 02 November 2006 15:57:00(UTC)
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Posted By holmezy April, legally, you only have to pay them what is in the contract, however, morally and ethically, if its a genuine accident at work then you should switch to the "caring company mode" and pay them, at least until the accident investigation proves it was "a folly of his own" then switch back to "uncaring company mode" and reclaim all salary paid at a rate of £25 per month. That'll teach him to injure his self on company time!! (Joke)
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#6 Posted : 02 November 2006 16:00:00(UTC)
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Posted By Raymond Rapp Agree with last posting. Whilst there may be a moral duty, there is no legal duty to pay anyone sick pay. Except of course statutory sick pay subject to certain conditions. Sick pay is discretionary and can be withheld for a number of reasons, indeed can be paid for that matter. Regards Ray
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#7 Posted : 02 November 2006 16:01:00(UTC)
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Posted By Raymond Rapp Sorry, agree with posting before last one.
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#8 Posted : 02 November 2006 16:14:00(UTC)
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Posted By Bill Elliott April - depending on the circumstances and the injury/illness - Industrial Injury benefit may apply which the employer may have to pay to bring the salary up to back up to the level the would normally have received. check out www.worksmart.org and type in industrial injury in the search.
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