Posted By lajoni
Gist of the accident is in this thread

http://www.iosh.co.uk/in...=1&thread=31279&page=121

Every 3 mths we get an attendance bonus of £125 and a yearly one of upto £500
Well today was payday and I didn't receive the bonus because of the 8 weeks I was off for my injury.
I am now told I will not be getting it as the incident was the drivers fault and not the companies and am lead to believe I would be better putting in a private claim against the truck driver.
I have been advised by the union that I stand a very good chance against the company and the reason they will not pay the bonus is that it would be seen as accepting liability for the accident.
So I think I will wait until the beginning of next year to see how things pan out and how my injuries are by then. I am seeing the doc again next week
I felt very dissappointed by the company as I have never in my 4 1/2 yrs had 1 day off sick
but I'm probably getting too emotional about it, but I will get my money from someone.
Its the principle not the amount

Posted By Tabs
Thanks for the update, it is very interesting to see that whilst a lot of those who responded on the first thread were very pro-employer, the employer is now showing their "true colours" and a complete lack of understanding of the law and employee relations.

I am glad that some of us told you to seek external advice. Any employer who is so small minded as to think a bonus should be withheld following an industrial accident should be ashamed. And deserves a big bill.

I would love to see the insurer's eyes going skyward if they had heard the boss telling you to sue their own employee ... how naiive.

The driver was, effectively, "the company" just as you are whilst you are at work - everything you do in relation to your job is just like the company doing it. That is what "vicarious liability" means (sorry if you knew that, but I thought it was worth explaining).

Keep a diary of any other losses, pain, missed social events, lost sleep, etc.,

I would like every such small-minded company taught a basic lesson in employee care!

Posted By John C
They are not going to say as much, but perhaps they would rather have any payments made by the insurers rather than directly out of their own cash.

Posted By AF
Lajoni

No doubt you have taken heed of the positive and negative comments from your original thread.

It is commendable that you provide us with your update.

Whilst my comments on your initial thread were originally neither pro-employer or in your favour.

What you have to remember, whilst you are supplying us with the basics of your incident, None of us are in posession of all the facts, and none of us are in position to legally advise you.

All we can do is make suggesstions and provide some guidance to the best of our ability.

On the other hand, as some comments state "the employer is showing his true colours", possibly, but at the end of the day, there is some indication of panicking in the offing.

Contrary to what you hear, you cannot claim against an individual employee. This as some say, is a very Naive comment, and rightly so......!

Your employer has the absolute duty, and the responsibility lies with him.........!

I can only suggest that you seek further advice from a solicitor or your trade union, they will be best placed to guide you further.

I would also suggest that you take notes, record dates, retain any pertinent documentation, and record details of any conversations between yourself and your employer (either in a diary or discreetly using your mobile phone - some are fitted with mini recorders)

Obviously the more info (ammunition) you have the better for you.

Alex

Posted By lajoni
>>>>>>and record details of any conversations between yourself and your employer (either in a diary or discreetly using your mobile phone - some are fitted with mini recorders)

I'm sorry but this did bring a smile to my face
...a bit of subterfuge eh?

but seriously I may write some bits of conversations down but it would feel wrong to record them even with the companies knowledge just abit extreme.....maybe for something far more serious

Posted By Pete48
There is one aspect to this that has not been mentioned thus far. The civil liability provisions of the MHSWR Regs 1999 were amended in 2003 to enable employees to claim damages from their employer in a civil action where they suffer injury or illness as a result of the employer being in breach of those Regulations.
Importantly, they were also intended to enable civil claims to be brought against employees for a breach of their duties under those Regulations that resulted in injury or illness. Employees have duties under those Regulations to use any equipment, dangerous substance etc. in accordance with any training and instruction provided by the employer. Employees are also required to alert their employer of serious and imminent danger in the workplace or any shortcomings in the health and safety arrangements. (opsi.gov.uk)

I am no lawyer or specialist in this area but I think it worth mentioning that there may well be grounds for a claim against the employee. Other posters seem to have assumed that the employer is just attempting to avoid their responsibility and duty in this matter, I am not so convinced.
Perhaps a more competent (legal beagle) person may wish to comment further on this aspect of this accident.