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Payment following injury at work - to pay or not to pay that is the question!
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Posted By Steven Mellor
I know that there is no statutory obligation to pay a full wage following an accident at work. However there is an opinion that by seeing to be 'reasonable' and paying a full wage, albeit for a limited amount of time, that there is less likely to be a claim made?
We are currently reviewing our policy and I would be very interested to hear of how other company's tackle this tricky issue (the pro's and cons) and how effective their systems have been in practice.
Particularly:
1. Is the company occupational health advisor used?
2. Is the full rate for the job paid and for what duration?
3.Is the rate used a basic rate if bonuses are involved?
4. What checks or assurances are used to ensure that there is no abuse of the system?
5. Does the injured person sign a waiver stating that any payment is not an admission of liability
Any response will be most gratefully received.
Cheers
Steve
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Posted By Steve Cartwright
That is an issue for HR not H&S
Steve
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Posted By Heather Aston
I disagree - it's an issue for HR to lead on but to which H&S should contribute. We don't work in isolation. (do we?)
Sorry Steven I can't help from experience as we have a sick pay policy that pays full sick pay for a period on all absences.
However I would say definitely get OH involved. Pay normal bonuses like shift allowances and so on. Only pay out if there is a proper record of a works accident/injury having taken place - i.e written in accident book or whatever, or if you investigate and are satisified one really happened. Over a lnegthy period this should go hand in hand with a gradual return to work supervised by OH.
Heather
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Rank: Guest
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Posted By Steven Mellor
I know that it's an issue for HR but what about the small company's without HR departments or the knowledge?
I know that many safety practitioners would have been asked their advice on this issue, as I have on many occassions, and it would be interesting and useful to have some feedback if only to offer some useful advice to those who have to make the ultimate decision.
Cheers
Steve
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Rank: Guest
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Posted By C Gabriel
Steve, I work with a number of small firms and all have slightly different policies. However my advice is treat each on its own merits. A policy can be put in place for example that for the first 5 days full pay (excluding shift bonus) will be paid - after that it will go to SSP. Unfortunately a couple of the companies I work for are of the opinion they will claim anyway so will get the money back. Its a shame to feel like that but in the main they are right. What you have to decide is whether the individual is a valued member of the team and do you want them to potentially be on the SSP for weeks? Other companies have a time served procedure that if the employees have worked for x years they get full pay for a set number of weeks, after y weeks they get half pay and then onto the SSP. You are damned if you do and damned if you dont, but the money you spend with a good OH professional say after 2 weeks to see them will be money well spent
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Rank: Guest
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Posted By Merv Newman
My policy has been to recommend maintenance of pay in line with existing sick pay policy.
I have great difficulty in believing that any employee, however stupid or recalcitrant, can be the sole and unique cause of an accident. I therefore see little or no reason for systematically penalising an injured person.
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