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Thread: Work accident whilst on redundancy period

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  1. #1
    Niadt02's Avatar

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    Default Work accident whilst on redundancy period

    Hi
    Can you please offer me some advice as to employer liability for an accident during redundancy notice period?

    So notice handed in and accepted with 3 weeks to go. Accident in company vehicle during work on legitimate business. Unable to work for 6+ months and possibly much much longer term depending on recovery. Is my redundancy technically voided and wages have to continue. Obviously a substantial claim will pursue but in the interim it causes a financial problem.

    Does the employer have to honour salary in the interim or what position am I in? There is an obvious liability to the 3rd party (100% at fault) and due to me working at the time for my employer there is a liability as well. Legally what's the status with having young family, mortgage and sole income?

  2. #2
    seduraed's Avatar

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    Default Re: Work accident whilst on redundancy period

    I'm not an expert on emoyment law but would imagine that you are fully covered until the notice leriod ends. That would be especially true as you were on company business at the time.
    It is imperative to speak to your mkrtgage and utility companiez immediately and appraise them of the situation. Check if you have ppi or similar and make a claim. Check your house insurance and see if you legal expenses insurance.
    Next draw up a detailed budget and see where you can cut. Carz ard a good start. Check what benefits you may be entitled to. CAB may be able to help there. Speak to the council and see if you have become eligable for reduction or help.
    Once the mortgage , couvil tax and utilities are paid look at undecured creditors. Most of the utilities have hardship funds so make a claim.

  3. #3
    Niadt02's Avatar

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    Default Re: Work accident whilst on redundancy period

    Hi
    Problem is can I force my employer into reinstating my employment or paying my wages until gaining remployment, or till recovery. After all they should be covered by their own insurance.

    There is a reality of not recovering or being unable to work again.

    Thanks

  4. #4
    Ula's Avatar

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    Default Re: Work accident whilst on redundancy period

    Hi @Niadt02. Can you please clarify you say you where on redundancy notice yet later in your post you say you handed in your notice. What was the correct position regarding your notice?

    There are two issues here one is the employment and one is the potential of a personal injury claim. I am going to tag @Peridot (who will be back on-line tomorrow) who has expertise on the personal injury side of this issues and between us we may be able to provide some advice.
    I do my best to provide good practical advice, however I do so without liability.
    If you have any doubts then do please seek professional legal advice.


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  5. #5
    Niadt02's Avatar

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    Default Re: Work accident whilst on redundancy period

    Hi
    Sorry to clarify (and possibly correct myself)..... I accepted a different job with a different employer. I handed in my resignation and it was accepted about 3 weeks ago. I have another 3 weeks left before finishing. I would not be able to do my current job until recovered due to its physical nature. I'm in a situation where I will technically be unemployed as the new job would need me physically fit.

    The accident was last week.

    Thanks

  6. #6
    wales01man's Avatar

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    Default Re: Work accident whilst on redundancy period

    Have you spoke to you current employer about this?

  7. #7
    Niadt02's Avatar

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    Default Re: Work accident whilst on redundancy period

    Hi
    They are not being particularly helpful. They have repeated that I am due to finish. I haven't put them under much pressure yet because I want to know where I stand. Get the impression they want to wash their hands of me now.

  8. #8
    Peridot's Avatar

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    Default Re: Work accident whilst on redundancy period

    Hi Niadt02,

    If the accident was a third parties fault your claim will be against the driver of the other vehicle? I appreciate that your employer has a responsibility to ensure that you are safe, but if someone went into you in the works van, it would be them or their insurers that you need to pursue. It will depend on the actual facts of the accident. If the other person is 100% at fault then you go to them with regard to any claim. If it was you or partly you that was to blame then the employer would be 'vicariously' liable for your actions so their insurers would then deal rather then the 3rd party pursuing you directly.

    Provided this is the other parties fault then you would be able to claim for the loss of income whilst you were unable to work, as well as for the injury itself and any other losses as a direct result of the accident. Provided you can show with evidence ie letters confirming job offer and acceptance letters, that you had accepted the new job and resigned from your current employment you should be able to claim the loss of earnings that you should have received had you started the job. This would be dependant on the medical evidence supporting the claim that you could not start your new employment. Medical evidence will be required to pursue your claim.

    Your current employer is obliged to pay your sick pay in accordance with your sick pay policy, but only until your notice ends. I can not imagine your current employer would agree to accept a withdrawal of your resignation to then have to pay you sick pay when from what you say you would be unable to work due to your injuries.

    You need to get in touch with your new employer to let them know the situation. It may be that your injuries recover more quickly than you think and they may be willing to keep the post open for you. It may be different how they deal with this, depending on whether you have signed a contract or not yet but @Ula will flag anything you may need to think about in respect of this.

    I would strongly recommend you get some legal advice in respect of this potential claim. You should be able to do this under a no win no fee (conditional fee agreement) but I would encourage you to get advice to ensure that all the different aspects of your claim are included correctly. Do remember to keep receipts and paperwork for any expenses incurred, so these can be included in any claim. Finally make sure that you go to the Drs as necessary and also that you engage with any recommendations the Dr makes. You are expected to do what is recommended by any medics to aid your recovery.

    I hope your injuries continue to improve and hopefully more quickly than you had thought.
    I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

    If in doubt you should always seek professional face to face legal advice.

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