Accident at work and sick pay

[messycess]

Hi guys,

I was involved in a RTA yesterday whilst at work delivering goods for my employer. Witnesses have informed my employer, the police and insurance company that it was not my fault as the other vehicle drove straight into my lane causing me to slam on the breaks. After a couple of 360's across the dual carriageway the van finally came to a stop after thumping the barrier and skidding 100 yards down the road on the drivers side.

Unfortunately myself and witnesses never got the registration of the other vehicle who was probably oblivious to what they had caused!

After a visit to A&E yesterday and the my GP this morning I have been signed off work for 1 week due to contorted muscles and general painful bumps and bruises (nothing too serious thankfully)!

I can find nothing in my contract about sick pay due to an accident at work and im wondering if I will be entitled to full usual wages, statuary sick pay or claim loss of earnings from my companies insurance?

Any advice much appreciated,

Thanks.

[jon1965]

Re: Accident at work and sick pay

Hi
I can not tell you the law but where I used to work if someone had an accident that wasn't their fault then we would have paid them normal pay.
What is your companies sickness policy?

[messycess]

Re: Accident at work and sick pay

Hi jon1965, unfortunately I don't have a copy of the company handbook here at home with me so have no idea of sickness policy. I can find nothing in the contract I have about workplace injury. When you say "normal sick pay" do you mean SSP?

[CleverClogs]

Re: Accident at work and sick pay

How badly damaged was the van?

How badly damaged were the goods in the van?

What was your approximate speed before you applied the brakes?

[jon1965]

Re: Accident at work and sick pay

Sorry I have edited my post to mean what i intended. No we would have paid normal basic pay. Please do not take my word for it as to the legal standpoint.
Is it a large company you work for?

[messycess]

Re: Accident at work and sick pay

No it is not a large company I work for. The van in my view is a complete write off but the insurance surveyors will decide I suppose. The goods I was delivering were just a couple of odds and sods but the paint had been scratched so they need re-working. I was at 70mph in the fast lane on dual carriage way before brakes were applied.

[CleverClogs]

Re: Accident at work and sick pay

After a visit to A&E yesterday and the my GP this morning I have been signed off work for 1 week due to contorted muscles and general painful bumps and bruises (nothing too serious thankfully)!

I do hope that the pills they prescribed were not codeine and Valium - codeine for the pain and Valium to help your muscles relax. I once knew someone given that cocktail after a motor-car accident and that combination of drugs nearly proved quite fatal.

[Eloise01]

Re: Accident at work and sick pay

Legally, the reason why you are off sick makes no difference to your entitlement. You either get SSP or you get whatever your contractual sick pay is. On some occasions - and it is certainly not commonplace, an employer may pay normal basic pay if the accident is a result of their own actions. In this case that does not apply - the employer was in no way responsible for the accident, so the circumstances of the accident being at work are irrelevant to the question of sick pay.

[messycess]

Re: Accident at work and sick pay

no clevercloggs I have been given tramadol and ibuprofen to help with the pain.

eloise01 I am in no way blaming the employer it is an accident and totally out of their control. So do you think I should expect SSP? which is not even paid until day 4? this would be unbelievably difficult for me to cover rent, electric, gas shopping etc. on 75 (ish) pounds for the week off !! how about loss of earnings from the insurer? is this possible?

[CleverClogs]

Re: Accident at work and sick pay

No it is not a large company I work for. The van in my view is a complete write off but the insurance surveyors will decide I suppose. The goods I was delivering were just a couple of odds and sods but the paint had been scratched so they need re-working. I was at 70mph in the fast lane on dual carriage way before brakes were applied.

Thank you.

You may have thought those questions were irrelevant, but they may be relevant to your future employment.

The Highway Code does not formally recognise the concept of a "fast lane" on a two lane, dual carriageway. Don't you mean that you were overtaking slower moving traffic when you apprehended the hazard ahead and took the only appropriate action available to avoid a serious collision?

[messycess]

Re: Accident at work and sick pay

yes clevergloggs,

I was overtaking a slower moving lorry when another vehicle came straight from a roundabout slip road into the second lane, attempting to overtake the very same lorry without even realising I was there. The sounding of my horn had no success in warning them of impending collision. so I took evasive action.

[Eloise01]

Re: Accident at work and sick pay

no clevercloggs I have been given tramadol and ibuprofen to help with the pain.

eloise01 I am in no way blaming the employer it is an accident and totally out of their control. So do you think I should expect SSP? which is not even paid until day 4? this would be unbelievably difficult for me to cover rent, electric, gas shopping etc. on 75 (ish) pounds for the week off !! how about loss of earnings from the insurer? is this possible?

Depending on the insurance, this may indeed be possible. But you would need to speak to your employer - their policy may not cover you for loss of earnings on something that isn't their fault. Had you been driving your own vehicle then this would certainly be possible, but that is because you are the policy holder and the insurance covers the provisions you select. I know that I got loss of earnings (being self-employed this is particularly important!) when I had an accident due to another drivers fault some years ago, but that was through my own insurers claiming from the other drivers insurance. Had the driver not been identified (hard to miss her - her car was imbedded in the back of mine!) they would still have paid loss of earnings. But I cannot tell you whether your employers insurance would cover this for you, or indeed, whether your own personal insurance would cover it. But it takes several weeks at least - honestly, it was several months! The accident was in May and the cheque arrived with me in December!

Other than that, I am afraid that unless your employer is exceedingly kind, SSP is all you are entitled to.

[messycess]

Re: Accident at work and sick pay

thanks Eloise,

ill probably have to struggle back to work through the pain then, I really cannot afford to loose 1 weeks pay !!

[Eloise01]

Re: Accident at work and sick pay

yes clevergloggs,

I was overtaking a slower moving lorry when another vehicle came straight from a roundabout slip road into the second lane, attempting to overtake the very same lorry without even realising I was there. The sounding of my horn had no success in warning them of impending collision. so I took evasive action.

On a dual carriageway? The other driver saw nothing? Asleep were they?

It may be a long shot, but have you asked the police if there are any cameras in the vicinity - slip roads are a common siting place. If the other driver can be identified you certainly stand a much better chance of their insurance paying out for lost wages.

Kind of reminds me of my own accident. Fine sunny day, perfect visibility, end of a motorway slip road, where the law requires you to stop to check the coast is clear before pulling into the traffic. Which I did. Unfortunately, despite the fact that she was behind me - and a long way behind me in fact - she didn't! She claimed she didn't see my car in front of her. Which was entirely understandable given the fact that it was a large black people carrier in full daylight! I suspect the phone on the seat of her car beside her was the cause of her lack of vision.

I don't wish to be the bearer of bad tidings, but don't assume you will be fit to work after a week. I had much less damage to me than you seem to have, I was stationary and not out of control. It was three days before I ended up in A&E, and three weeks before I was able to return to work! It's amazing how a little bit of a sore neck turns into a completely immobilised neck, shooting pains down your arms and shoulders, and an inability to stand upright (or drive!). Don't underestimate the degree of injury you may have - take some proper rest, gently stretch your muscles and joints, particularly in the upper body, and if the pain gets worse don't do what I did and wait three days!

[Eloise01]

Re: Accident at work and sick pay

thanks Eloise,

ill probably have to struggle back to work through the pain then, I really cannot afford to loose 1 weeks pay !!

See above! I do understand the worries about money, but if you do not do as your doctor advises, how do you know that you won't be off a lot longer? SSP for a week is hard - for four weeks it's even harder....