Rank: Forum user 
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Hi all,
I'm a regular reader of the forum which I find interesting and informative.I'd like your help with the following:
Our Security Department is outsourced but the security staff have been with us for years, there have not been any change of personnel within the last 5 -10years, they are familiar with our building.
One of the security guards was on patrol, he accidently slipped on a loose tile whilst carrying out patrols on the roof, he twisted his ankle and is off sick. It's been one day since he's been off sick, unfortunately security staff do not get paid if they are off sick by their company. He was advised to see his GP so we are awaiting the Doctor's review. A duty of care is owed to this person, the loose tile was replaced as soon as it was reported. If he is going to be off sick for a couple of days where, if any is the liability. Once the Doctor's sick note is received we'll be in a better position to find out if it's definitely twisted(hopefully not broken).
Do we as a company pay for the days he would have worked?
Thank you in advance. Regards
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Rank: Super forum user
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It sounds harsh but I would do nothing until he makes a claim- loss of earnings etc then let your insurer sort it out.
You contracted out the service and to a certain extent the liability... in the first instance, it lays with the person’s employer not yourselves
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Rank: Super forum user 
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Surely if this is outsourced it is his employer who will have to deal with this? Of course he could sue you due to the "unsafe workplace........" possibly a claim against both..................
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Rank: Super forum user
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Investigate the accident and correct what's wrong to prevent a recurrence - as advised do nothing regarding the claim, other than the above, until you get it. The claim could come directly to you or his employer as you both have duties here.
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Rank: Super forum user 
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Your premises defect, potentially your liability.
No work = no pay = loss of earnings = maybe civil claim. Involve lawyers, claim companies, insurers it can get expensive, all of whom will incur costs, which will be added to the cost of the claim.
You know your "employee". Would an ex-gratia lost pay settlement avoid a claim?
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Rank: Super forum user
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David B is correct in my view.
Frank Hallett
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Rank: Super forum user
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I get that stance if you are a relatively small organisation - but if you are a large employer do you want to set such a precedent? Not for me gents.
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Rank: Super forum user 
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IMO it is not sickness or ill health but an injury at work.
The security guard is an employee of his employer therefore it is their responsibility to pay him or not. He will no doubt have a contract of employment?
He will be on self certificated "sick" leave for 7 days so a GP should not get involved but can issue a statement of the injury, probably advise a visit to A & E?
If he wants to sue then that is up to him to raise the claim, then you will send that off to your insurers.
I agree to investigate the accident and make everything safe to prevent reoccurrence.
Why was he walking on a tiled roof? Is it a pitched roof? Is there a risk assessment for that part of his work?
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Rank: Super forum user
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I think that DP is suggesting best course of action. Investigate, retain records etc and obviously correct faults/defects etc. Notifying insurer is also required.
As regards ex gratia is concerned that is potentially tricky/dangerous - as FireSafety suggests it could set a precedent. Is also likely to be in breach of terms and conditions of insurance policy. These will say (almost certainly) that any accidents/potential claims should be notified asap to insurer AND that you, the insured, should not make any admission of liability etc etc. Making an ex gratia, may not - by you - be regarded as making such an admission but could be regarded as such by other parties.
Phil
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Rank: Forum user
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Hi all,
Thank you for your thoughts and input.
Firesafety, in response to your question my building is an eight storey building with a flat roof and a gantry, he was injured on the flat roof.
I began the investigation and discovered that he should have seen it to be honest, he may even have noticed that the tile was loose on previous patrols and could have reported it. However this was rectified immediately to prevent a reoccurrence. First aid was also administered. I agree to sit back, keep the records up to date and see if he wishes to pursue a claim. I'll keep you posted.
You've been very helpful, kind regards.
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Rank: Forum user
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My thanks to all who posted comments and advice, as H&S professionals we do have a difficult job but I believe we do try to maintain high standards in our discipline. It's good to be able to provide assistance and support to each other keep up the good work on the forum.
Best regards
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Rank: Forum user
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Just to add one point.
I think that your company is probably in the frame for a claim under the Occupiers Liability Act. Worth a quick check but as others have noted, usual rules apply - collect good reliable evidence on the circumstances as it's too late to do so when a claim whistles in.
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