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Accident Advice needed please.

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  • Accident Advice needed please.

    A colleague of mine fell over at work and has broken her wrist. Her partner also works at our company, and refused to go in the ambulance and wouldnt even pick her up when she was ready to come home (another member of staff went to A&E with her, and made sure she got home safely.)

    She has to go back to the hospital for a check on the broken wrist, but he is demanding paid leave to take her.? He says because it was an industrial accident and it is his wife he is within his rights. Is this correct?

    THankyou for your advice
    Tags: None

  • #2
    Re: Accident Advice needed please.

    For a broken wrist ? Sounds like someone might have been talking to where there's blame there's a claim type people.

    I don't know the rules but although common sense says a broken wrist doesn't need a carer I think it is classified as a major injury for industrial accident purposes. All employees are entitled to time off to deal with family emergencies (ie he'd have been entitled to time off to accompany his wife to hospital on the accident day) but pre booked check up hospital appointments I don't think are covered under that.

    It would be a case of checking his contract and the employer checking the rules with ACAS.
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    • #3
      Re: Accident Advice needed please.

      Originally posted by SmileyFace View Post
      A colleague of mine fell over at work and has broken her wrist.
      Fell over what and how? That's your colleague's legal starting point.

      I've got your PM :wink:

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      • #4
        Re: Accident Advice needed please.

        Originally posted by SmileyFace View Post
        Her partner also works at our company, and refused to go in the ambulance and wouldnt even pick her up when she was ready to come home
        ^^^^ what a rotter. That's a moral not legal issue I'm afraid

        Comment


        • #5
          Re: Accident Advice needed please.

          Originally posted by SmileyFace View Post
          She has to go back to the hospital for a check on the broken wrist, but he is demanding paid leave to take her
          Can you explain why she needs someone to take her to the hospital? I accept that a broken wrist means she can't drive but is there no acceptable pubic transport available?

          Comment


          • #6
            Re: Accident Advice needed please.

            Yes there is transport. He feels it is his duty.

            Comment


            • #7
              Re: Accident Advice needed please.

              Originally posted by SmileyFace View Post
              Yes there is transport. He feels it is his duty.
              even though he didn't feel it was his duty to go with her in the ambulance when the accident happened :confused2:

              Comment


              • #8
                Re: Accident Advice needed please.

                It is not an automatic entitlement, and will be governed by company policy. The other possibility is compassinoate leave.

                This link explains things fairly clearly:

                https://www.gov.uk/time-off-for-dependants/your-rights

                Comment


                • #9
                  Re: Accident Advice needed please.

                  Personally,I'd clonk him on the bonce with me plastercast,,but that's cos I'm evil :fish:

                  Comment


                  • #10
                    Re: Accident Advice needed please.

                    Originally posted by PlanB View Post
                    Fell over what and how? That's your colleague's legal starting point.

                    I've got your PM :wink:
                    Hi SmileyFace, & welcome to Legal Beagles.

                    Just a nudge on PlanB's post #3.
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                    • #11
                      Re: Accident Advice needed please.

                      Originally posted by SmileyFace View Post
                      She has to go back to the hospital for a check on the broken wrist, but he is demanding paid leave to take her.? He says because it was an industrial accident and it is his wife he is within his rights.
                      Simply because it was an industrial accident - No.

                      Check company policy and the contract of employment. Compassionate leave is normally catered for.

                      Comment

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