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Posted By energy saver
Good Morning
A bit of advice please, an employee is having an operation on his knee next month and he has informed us that it was due to an accident at work 2 years ago. There is no accident book record of this just a sick note for 3 weeks in his personnel file. he will be off work for approx 3 months and wants full pay but he will only get statutory sick pay, when i asked why there was no accident record he said that there was no accident book at the time as the company was just starting off. What implications are coming our way and is there anything we can do?
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Posted By R Walker
To be honest you are up s##t creak without a paddle mate! No accident book! Tut tut!
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Posted By chris longden
I would suggest as a goodwill it may be a good idea to come to some sort of compromise with this employee.
If it is fact that there was no accident book then i would think the company would struggle at any sort of tribunal.
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Posted By SeanThompson
I would try and settle out of court if possible, unless you can prove that there was an accident book at the time of the accident.
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Posted By NeilM Poyznts-Powell
Hi,
I suggest that if you have not already done so you check the information he has given you regarding accident book availability and also examine the sickness record to identify the injury description and whether it was attributed to a work related incident. This should all be recorded for future use to either defend your position or 'look big' and settle the matter amicably.
If all he has said holds up, you should assist the employee as far as is possible, given that if he claims he will be advised to claim all loss of income back anyway (plus the rest). I would also assume that the incident was not reported to the HSE at the time as required by RIDDOR (Criminal Offence and not looked at favourably in any civil case).
Good Luck.
Neil
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Posted By energy saver
I must add i was not here 2 years ago (been in post 7 months).
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Posted By MetalMan
I would make enquiries as to whether there really wasn't an accident book at the time, if you haven't already. How where other accidents at the time recorded. Also, surely there must be some sort of record in the personnel file as to why the person was off sick, check that out.What about a Doctors note stating why the person was off, I'm sure if push came to shove whether the person concerned would be willing to provide you with some sort of Doctors/medical record as to the reason for the time off/injury.As mentioned. it might just be simpler to pay them for their time off.
These retrospective things are a minefield, it's a balance between doing the right thing for the person concerned and looking after the company. Good luck
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Posted By energy saver
Thanks for all advice much appreciated, been informed there was an accident book at time (trying to find it)and the person in question had problems when he started work with knees (said injury).
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Posted By Tabs
Inform your insurance company and ask for their help.
They are likely to face a claim after the operation - especially if the employee thinks there are no disputing facts.
Once litigation begins, you can request access to the medical records directly.
Paying his salary for 3 months might be a lot to pay - but it might be his entitlement regardless.
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Posted By Maggie Atterbury
The sick note should have stated why he was absent from work, so you should have a clue there. If you have no written evidence that the accident happened or that there have been ongoing problems, then I would consider that "it had not happened" at all. There is no absolute requirement to have an accident book just the written record of the relevant information. I have had two instances where people have tried to blame their work for accidents which happened at home, so don't be too quick to agree to all his demands - ask for proof.
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Posted By Tony Brunskill
Ask for permission to approach the MD that signed him off. He should have a record of the nature and cause of the injury and will be able to supply the same.
Do not pay up "Cos its easy". Establish the facts and decide from there. It may be the nuisance value suggests a settlement is appropriate but the MD's report will cost you about £75.00 not £7500.00
Regards
Tony
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Posted By Peter Longworth
First things first I would talk to the guy and try to establish, as mush as is possible, the circumstances of the alleged accident, then investigate it as if the accident actually had taken place. This doesn't admit any sort of liability, it is what a reasonable employer should do anyway. Maybe resulting from this you can establish with a reasonable degree of certainty whether the accident took place or not.
Either way you should also be asking yourself whether the type of work being done has exacerbated an existing condition. A condition which you were happy to take into account when employing the person in the first place. If you find that the condition has been exacerbated by the type of work then your company is already negligent, if not then it is something to consider for the future.
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Posted By Peter Longworth
Mush? - spell checker beware.
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