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Kev_Wright  
#1 Posted : 07 May 2020 08:28:08(UTC)
Rank: New forum user
Kev_Wright

Advice needed please!

We had an employee attend a business trip to Germany in September last year (2019) and yesterday has informed the compant that he injured himself whilst on that trip! The employee never reported this at the time but due to the current circumstances (Covid-19) our company unfortunately has to make redundancies and this employee is being made redundent to which he has now raised this issue!

The employee stated that the incident was not serious hence why he never reported this but since the incident he has had pain and discomfort. The employee slipped in the shower and hit his elbow!

Can anyone say if the company is liable for this as my argument is that we have no prevailing influence on this!

Thanks.

A Kurdziel  
#2 Posted : 07 May 2020 08:45:53(UTC)
Rank: Super forum user
A Kurdziel

So what does the employee want? Their job back or compensation? If they have been made redundant that means that their r job no longer exists and the incident (if it happened) is nether here not there. If they want compensation, what they want it for; what loos have they suffered? Their redundancy is not a result of their accident, so what do they want?

Have they tried suing the hotel where they had the accident? If anybody was responsible for this, surely it was them.

Kev_Wright  
#3 Posted : 07 May 2020 09:00:55(UTC)
Rank: New forum user
Kev_Wright

Yes, they are looking for compensation. My thoughts exactly, we cant be held liable for this surely!

A Kurdziel  
#4 Posted : 07 May 2020 09:08:41(UTC)
Rank: Super forum user
A Kurdziel

Have you talked to your insurer? 

You could just say "see you in court"

thanks 1 user thanked A Kurdziel for this useful post.
Kev_Wright on 07/05/2020(UTC)
Roundtuit  
#5 Posted : 07 May 2020 12:17:11(UTC)
Rank: Super forum user
Roundtuit

The hotel would be culpable. From memory it is only France that considers hotel stays during a business trip to be under the employers control and that was determined based upon an appeal by the family of the deceased.
thanks 6 users thanked Roundtuit for this useful post.
A Kurdziel on 07/05/2020(UTC), Kev_Wright on 07/05/2020(UTC), Swygart25604 on 07/05/2020(UTC), A Kurdziel on 07/05/2020(UTC), Kev_Wright on 07/05/2020(UTC), Swygart25604 on 07/05/2020(UTC)
Roundtuit  
#6 Posted : 07 May 2020 12:17:11(UTC)
Rank: Super forum user
Roundtuit

The hotel would be culpable. From memory it is only France that considers hotel stays during a business trip to be under the employers control and that was determined based upon an appeal by the family of the deceased.
thanks 6 users thanked Roundtuit for this useful post.
A Kurdziel on 07/05/2020(UTC), Kev_Wright on 07/05/2020(UTC), Swygart25604 on 07/05/2020(UTC), A Kurdziel on 07/05/2020(UTC), Kev_Wright on 07/05/2020(UTC), Swygart25604 on 07/05/2020(UTC)
HSSnail  
#7 Posted : 07 May 2020 13:07:50(UTC)
Rank: Super forum user
HSSnail

Im with Roundtuit on this one - its outside UK so our H&S laws dont apply - providing you have pick a fairly reputable hotel I dont see how you could have checekd out every shower before hand - let him make a claim and pass it to your insureres.

thanks 1 user thanked HSSnail for this useful post.
Kev_Wright on 07/05/2020(UTC)
Mark-W  
#8 Posted : 12 May 2020 09:14:42(UTC)
Rank: Super forum user
Mark-W

If he takes you to court as his employer, are you then entitled to take the hotel to court? Did the company choose the hotel and pay for it up front or did he choose, pay and claim back.

Surely if the latter, he has a burden to show that he chose the hotel as suitable.

In most cases the insurance will weigh up the cost of fighting the case and how much the payout is.

1 of my clients had a case against them last year, despite them protesting and telling the insurance company to fight it, they decided it wasn't worth the effort and paid out. Strangely enough they lost our business on renewal.

mike52  
#9 Posted : 12 May 2020 09:50:52(UTC)
Rank: Forum user
mike52

I agree with the previous posts. Also if the injury happened in sept last year why is he only making you aware of it now.
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