Statutory sick pay and injury at work - questions

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Steven.

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Joined: 27-06-06

Feb 15 2006 11:26

I was injured at work a few months ago (lifting heavy goods having received no heavy lifting training), and have to have an operation, after which I'll need 2 weeks off.

The job I was injured at (Job A) I get sick pay, but I have 2 temp jobs (B+C) where I don't necessarily.

Now job A said they won't pay me for missing B+C, and my agency for B+C say that they might pay me Statutory sick pay, but I'll have to send them the documentation (which i get on the day of the op) and they'll then decide if I'm entitled, but there's no guarantee and they won't say how long it'll take them to make a decision.

I can't afford to miss any pay - anyone know what I can do/what my rights are? Will the agency *have* to pay me?

jef costello

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Joined: 9-02-06

Feb 15 2006 11:35

I'm surprised the agency have offered you anything at all.

Are you a contracted member of staff at Jobs B + C?

As far as I know if you are a casual worker not on contract then B + C have no legal obligation to give you anything, the agency doesn't either as far as I know as they pay you when they can find you work.

I do think you can claim loss of earnings for jobs B+C from Job A, you may have to threaten to sue. (Your post does start out like a claimsdirect ad) but that might put you in the shit with job A.

You'll need to be able to prove that you were told to do the heavy lifting.

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Joined: 12-08-04

Feb 15 2006 12:19

John. wrote:

I was injured at work a few months ago (lifting heavy goods having received no heavy lifting training), and have to have an operation, after which I'll need 2 weeks off.

Did it go down in the injurys book?

Stat sick pay, unless it's gone up in the past few months was at the massive £11.?? per day, which can only be claimed from the 4th day off, it ain't shit! Plus you need a doctors note. It's paid by the government to your employer, it'd make a change for an agency not to be able to make money offa you!

Good luck with it John, keep us posted.

Steven.

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Joined: 27-06-06

Feb 15 2006 12:26

BB wrote:

Did it go down in the injurys book?

Yup

Quote:

Stat sick pay, unless it's gone up in the past few months was at the massive £11.?? per day,

Oh crap. Hmmm I think I'd better talk to my union at job A...

Quote:

which can only be claimed from the 4th day off, it ain't shit! Plus you need a doctors note.

Yeah I'll get a surgeon's note. Damn though... So does that mean you get nother for the first three days, or you do, you just have to wait for it?

jef costello

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Joined: 9-02-06

Feb 15 2006 12:32

Are you currently off work with the injury?

if so then then it's one continuous piece of sickness so it won't restart after the op, if you've gone back to work then I think you'll have to restart. Just talking to the union about the possibility of taking legal action might frighten your employer. Go to your boss and explain that without the money from your other jobs you can't pay your rent etc.

People believe a lot of crap about compensation culture so don't risk looking like you're after money.

Injury book: Good lad. You should put that into the everyday survival guide. Always put any injury into the injury bok.

Lazy Riser

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Joined: 6-05-05

Feb 15 2006 13:20

Whether or not you get SSP is down to your status as "an employee". Temping agencies will only pay it as long as you were on active assignment when you fell ill, if the work was part time then they'll try and wriggle out of it. If the injury was a consequence of another employers neglect, I’d be surprised if they’ll even countenance it.

SSP is paid by the employer, it is the minimum amount of sick pay the employer can pay by law. I think the employer may be able to claim back a percentage of their N.I. contributions for the SSP, but I can’t remember the detail.

You sometimes can’t get SSP if your contract is less than 3 months or something…

http://www.totaljobs.com/Contents/Editorial/SickPay.html

However, it sounds like you have an excellent case for a compensation claim on the employer’s indemnity insurance. I’d have a chat to one of those no-win-no-fee types.

Love

ftony

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Joined: 26-05-04

Feb 15 2006 15:14

it's definitely worth speaking to the citizens advice bureau. my friend got in a spot of bother over work issues and they were really helpful about what his rights were and possible ways of dealing with ther situation

The Porkadian

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Joined: 27-07-05

Feb 15 2006 17:01

If you are off work and dont get ssp and have no other finances coming in you can apply for incapacity benefit which will also entitle you to apply for housing benefit and council tax benefit and if you are applying for incapacity benefit its always worth applying for Income support as well, well thats what applies in scotland anyway, england might be different but I doubt it as its all the same benefits.

brizzul

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Joined: 7-10-03

Feb 15 2006 19:46

if you've got a union use it. Its what its there for and nearly always if you've got a good case you won't have to pay for a solicitor.

If your boss has injured you at work (by not making it a safe place) get compensation. Use the union and you probably won't have to pay anything win or lose.

#10

Steven.

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Joined: 27-06-06

Feb 16 2006 01:29

brizzul wrote:

if you've got a union use it. Its what its there for and nearly always if you've got a good case you won't have to pay for a solicitor.
If your boss has injured you at work (by not making it a safe place) get compensation. Use the union and you probably won't have to pay anything win or lose.

That's what I did. I didn't want to make a claim cos I thought I might get victimised, and TBH I don't like litigation culture. But fuck it I can't afford to not get paid. I'm in Unison, spoke to them and said I should claim through them. I have a good case and I won't get in shit, cos it's all pretty much done at a much higher level. I can add my economic loss to the claim. Still it's going to be a bastard missing out on 2 weeks pay and having to wait god knows how long for a settlement...

#11

jef costello

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Joined: 9-02-06

Feb 16 2006 12:20

There was an article in the Guardian pointing out, yet again, that compensation culture is a myth. Most of these actions are reported when they are begun, but it isn't reported that they are dropped, the huge settlements given are invariably dropped on appeal and the cases are frequently reported wrongly. The people who make the most money are the law firms.

#12

brizzul

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Joined: 7-10-03

Feb 17 2006 19:14

Union officers compete with each other to get as big compensation settlements as possible. It's a matter of prestige.

In unionised places it is the non members who are vulnerable most of the time. If they take your case it shows you have powerful-ish friends.

#13

columbine

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Joined: 11-02-06

Feb 19 2006 09:14

brizzul wrote:

Union officers compete with each other to get as big compensation settlements as possible. It's a matter of prestige.

I dont agree with this. In my union , the TGWU, the officers are too busy to compete with each other. What evidence have you that they do this?

My advice is to join a union. Always seek advice from them.If you work for an agency be absolutely clear on what you sign up to.

If you have a 'contract' with them take it to a union officer for advice on it. Most unions offer half hour legal employment advice. Take it.

#14

Steven.

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Joined: 27-06-06

Mar 2 2006 14:39

oh fuck... well i'm off work now. I might get some of the fucking shit statutory sick pay from my agency, plus a little bit of part time sick pay from job A, but I've just spoken to Unison again and now they've said - even though they should've known - that they won't help me because I wasn't a member 13 weeks before the accident happened.

So i'm gonna have fuck all money, i can't work, and i can't make a claim through the union... what the fuck should i do? I don't have any money to pay solicitors to make a claim, and I don't really fancy hiring some tv ad cowboy wankers... also if it's not through the union I'm worried i might get victimised because of it... oh fuck. any advice??

#15

Serge Forward

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Joined: 14-01-04

Mar 2 2006 15:47

John, I don't want to put a downer on things but UNISON's legal team do not have a great record of taking up members' injury cases. And if they do take up the case, they're usually shite anyway.

Having said this, your first point of call is to try and get support off the union. Then if (or when) they refuse to support legal action, you will only be able to get another solicitor to take on your case on legal aid if you can say your union is refusing to support you.

This may all sound very pessimistic but being an ex Hackney Unison member, I know what can happen. Also, a friend, currently a member of Hackney Unison sustained an injury due to not being assessed after stating she was disabled on her application form. It's all pretty 'open and shut' and the council was clearly at fault because they didn't fulfill statutary obligations and do an assessment before making her do the unsuitable work which caused the injury. Did the union back her case? Did they fuck. Moreover they tried to kybosh her getting legal help elsewhere by refusing to admit that they weren't supporting her. Fortunately, she used a bit of cunning and managed to get them to inadvertently confirm it in writing, so her case is back on.

Beware UNISON, it really is a bag of shite.

John. wrote:

brizzul wrote:

if you've got a union use it. Its what its there for and nearly always if you've got a good case you won't have to pay for a solicitor.
If your boss has injured you at work (by not making it a safe place) get compensation. Use the union and you probably won't have to pay anything win or lose.

That's what I did. I didn't want to make a claim cos I thought I might get victimised, and TBH I don't like litigation culture. But fuck it I can't afford to not get paid. I'm in Unison, spoke to them and said I should claim through them. I have a good case and I won't get in shit, cos it's all pretty much done at a much higher level. I can add my economic loss to the claim. Still it's going to be a bastard missing out on 2 weeks pay and having to wait god knows how long for a settlement...

#16

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Joined: 12-08-04

Mar 2 2006 15:52

Serge Forward wrote:

Beware UNISON, it really is a bag of shite.

For more on Unison see here http://libcom.org/forums/viewtopic.php?t=8222&postdays=0&postorder=asc&start=15

#17

Serge Forward

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Joined: 14-01-04

Mar 2 2006 15:53

John. wrote:

oh fuck... well i'm off work now. I might get some of the fucking shit statutory sick pay from my agency, plus a little bit of part time sick pay from job A, but I've just spoken to Unison again and now they've said - even though they should've known - that they won't help me because I wasn't a member 13 weeks before the accident happened. quote]
Er... and what was I just saying.... That's a good one, that. You weren't a member for 13 weeks before the injury. Well done Unison.

Get it in writing from the Union that they won't support you and go to a decent solitors - I hear Dowse & Co on Dalston Lane are OK.

#18

Steven.

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Joined: 27-06-06

Mar 2 2006 16:53

Serge Forward wrote:

John, I don't want to put a downer on things but UNISON's legal team do not have a great record of taking up members' injury cases. And if they do take up the case, they're usually shite anyway.

Yeah like I just said, they just told me I'm on my own. Fuck.

#19

Mike Harman

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Joined: 7-02-06

Mar 2 2006 23:23

John. wrote:

oh fuck... well i'm off work now. I might get some of the fucking shit statutory sick pay from my agency, plus a little bit of part time sick pay from job A, but I've just spoken to Unison again and now they've said - even though they should've known - that they won't help me because I wasn't a member 13 weeks before the accident happened.
So i'm gonna have fuck all money, i can't work, and i can't make a claim through the union... what the fuck should i do? I don't have any money to pay solicitors to make a claim, and I don't really fancy hiring some tv ad cowboy wankers... also if it's not through the union I'm worried i might get victimised because of it... oh fuck. any advice??

Er. I'm shit at this, but you might be eligible for tax credits/income support/housing benefit? I should really look this up myself so if I end up finding something out I'll let you know.