Kicked by horse and resigned before healed

[tim555]

I'm writing on behalf of my sister who has got herself into a bit of an unusual situation and trying to work out what is best for her to do.

Her job involves working with horses and she was kicked by a horse which broke 2 of her ribs.

She took time off work and was advised by her doctor to rest.

Prior to the accident she had been looking for another job which she decided to accept and believed that she would be ready to work again within 2 weeks so gave her 4 weeks notice thinking the time off sick plus holiday owed would mean she would not have to go back to the horse job.

She has recently been in a lot of pain and turns out that she will need at least a month before she is fit to work which will be after her notice period has expired meaning she will no longer get sick pay from her employer.

She's concerned that she will have no income during the period after her notice has expired and before she is fit to start work at the new job.

Is there anything she can do?

Thanks!

[ULA]

Sorry to hear about your sister's situation. Sorry just a few questions for some clarification.

Does she have a start date with her new employer?
When is she due to finish at the horse job?
When has she been signed off work to?

[tim555]

Thanks for the reply.

No start date with new employer but they are in communication and they have agreed she can start as soon as she is fit again.

Due to finish on 7th January at horse job.

Signed off until 30th Dec.

[ULA]

So I presume, from what you have said, she is likely to continue being off sick beyond both 30th Dec the end of current Fitness to Work Certificate and 7th Jan, when her notice at her job is finished. Unfortunately having handed in her notice, to go to another job, there is no reason for her current employer to extend her notice period if your sister has provided what is required.

I am however just wondering whether there is anything in regard to this being an injury sustained at work that might give an avenue to explore. For this I need to tag Peridot who has more experience of the legal implications of dealing with injuries sustained at work. Just to warn you though as we are coming up to the weekend you may have to wait for a response until Mon.

[tim555]

Thanks again. Look forward to hearing any other advice next week.

All the best
Tim

[Peridot]

Hi Tim55,
Sorry to hear of your sisters injury. I think Ula is wondering whether there is a potential claim against her current employer for the injury she sustained at work.
To explore this aspect we’d need a bit more information about how the injury was sustained. Was there anything the employer could or should have done to prevent it? Was the horse known to be a problem? Is there a specific procedure that should be followed when dealing with this particular horse. Had your sister received adequate training to deal with the horses or was this a genuine accident?
sorry more questions than answers but may be worth considering.