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fattyfish  
#1 Posted : 18 October 2016 14:06:12(UTC)
Rank: Forum user
fattyfish

Hi All, Just looking for thoughts?

I was talking to our HR today and got onto the conversation of one of our staff members being injured in a charity football mach organised by the company. 2 minutes before the end of the football match the guy was involved in a tackle that broke his leg.  He has now been laid up for months and has had major problems and operations to his leg, it now looks like he will have a severe disability with no chance of recovery from his injuries.  There is nothing in yet. But, where does the company stand as far as a claim for work related injuries?

Thanks Andy

Spacedinvader  
#2 Posted : 18 October 2016 14:33:49(UTC)
Rank: Forum user
Spacedinvader

It's not work related...
fattyfish  
#3 Posted : 18 October 2016 14:55:04(UTC)
Rank: Forum user
fattyfish

Originally Posted by: Spacedinvader Go to Quoted Post
It's not work related...

Thats what I was thinking, but not 100% as the event was in aid of cancer research, organised by the company, funded by the company, press invited by the company, the company gain advertising exposure etc...

jwk  
#4 Posted : 18 October 2016 14:59:46(UTC)
Rank: Super forum user
jwk

Did the participants have tpo attend or were they all volunteers? Was it in fact part of the employer's undertaking?

John

chas  
#5 Posted : 18 October 2016 15:15:14(UTC)
Rank: Super forum user
chas

I'm sure that I have read of a similar event whereby a serving police officer was playing football as part of a police team for charity. He broke his leg and it was decided in an industrial tribunal that it should be classed as an industrial injury and that finance and assistance should therefore be given to the player by the police service. I believe that the main deciding factors were the degree of compulsion on the player and level of police service involvement in the event. I will try to find the case reference however I don't have any references to hand at present. Maybe someone esle can shed some light. Sorry I cannot be more specific.    

David Bannister  
#6 Posted : 18 October 2016 18:06:35(UTC)
Rank: Super forum user
David Bannister

Your EL insurers should be informed of the situation, regardlesss of whether any claim has yet been lodged.

They will defend on your behalf if it becomes necessary, including repudiating any claim if justified and pay comp-ensatiobn if legally liable (or sadly if too costly to defend).

Invictus  
#7 Posted : 19 October 2016 06:30:09(UTC)
Rank: Super forum user
Invictus

Seems more like medical negligence to me. I hope that the company have supported him if not legally morally.

fattyfish  
#8 Posted : 19 October 2016 07:17:16(UTC)
Rank: Forum user
fattyfish

Hi,

Yes this was a volantary match, the company have a group of guys that regulaly play. That made up the team.

Insurance company have been informed and is in their hands.

The company have been offering support throughout including pay.

RayRapp  
#9 Posted : 19 October 2016 07:21:15(UTC)
Rank: Super forum user
RayRapp

Sounds like a very unfortunate injury, however and assuming the participant took part of his own volition then it would normally be a case of 'volenti non fit injuria' which simply means - they accepted the risk knowingly. So, legally I don't think the company are at fault or the injury will be covered by insurance. It could be argued there is a moral obligation and I would hope the company will do what they can in terms of support and any loss of earnings, at least in the short-term.  

fscott  
#10 Posted : 19 October 2016 10:19:21(UTC)
Rank: Forum user
fscott

A slight aside to the original post but I thought worth while mentioning.  I previously worked for a company who to raise money for charity following the sudden bereavement of one of their employees arranged a charity football match against employees of another company in the same industry; participation was outwith normal working hours and was completly voluntary.  Our employees were all weekly paid and if were off sick were only paid SSP.  The company I worked for spoke with our insurance company who arranged insurance cover for not a huge sum on money to cover the employees who were specifically involved in the match in the event that they sustained an injury which would mean they would be absent from work and would lose wages; it only covered the loss of wages so wouldn't pay extra if someone sustained a serious injury.  This might be something your company might consider for the future if they organise this type of event on a regular basis.

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