Work injury - should he be paid??

Question

k right, my boyfriend works for a small company fitting bedrooms.

it's the type of place that doesn't particularly care for its employees and if you're off sick, you don't get paid.

now, on Wednesday he dropped a 3 metre work-top on his foot, cleanly breaking his big toe.

he can't walk so he's looking to be off work for at least 2 weeks I'd guess.

considering this happened at work, and there're no policies about wearing protective footwear or anything, should he be paid while he's off work?

Answer 1

You boyfriend is only entitled to work comp benefits if his doctor filed the claim or if the company filed it on his behalf.  Your boyfriend will not get any money until one is filed by either parties or both.  Law stats that you must have an off work slip to provide to the work comp adjuster to get paid any temporary total disability.

So if your boyfriend decides to take a few weeks off, he won't get paid.  If his company won't file it than he should file it through his doctor so he doesn't get billed for it.

Answer 2

yes of course he shld. They shld be given compensation. Ring a free injury compensation solicitor up asap.

Answer 3

No policies about wearing hard protective footwear? Ring health and safety! And if they won't pay him, i guess you should take them to court for damages since they don't have a hard shoe policy, which is breaking heath and safety regulations i'd assume.

http://www.hse.gov.uk/ have a look on there about hard shoe policies :)

Answer 4

Your boyfriends employer MUST have Employers Liability Insurance under the Employers Compulsory Insurance Act 1969.  Within this legislation their are several duties on an employer and one is to provide safe systems of work and a safe environment.

As he has broken a bone RIDDOR will also need to be contacted.

Was your boyfriend working on his own initiative or was he instructed.  If he was instructed to lift the item and too big or cumbersome then entitled to pay.

If your boyfriend was larking about or told not to lift and did you could struggle.  He should however have documented training on how to do his job.

As he has broken his toe if he had not been trained, had no supervision the best thing would be say to boss he wants payment for time off.  Most reasonable will pay.  If they decide not to you can thn go to any No Win No Fee Solicitor who would take up the case but your boyfriend would have to be prepared life at work may not be pleasant as you are essentially suing them.  UK

Answer 5

He should report the accident to his employer and ask the name of their "Workers Compensation Insurance Carrier".  This is a work injury. He also needs to be sure the doctor knows it's a work injury.  He may have to contact the Workers Comp. company himself.  His employer should know all this, but a lot of the small ones don't.

This can vary state to state, but he'll have to fill out some forms, and possibly be seen by the Insurance company's doctors.  He won't get paid, unless a doctor says he's unable to work for (generally) more than a week.  The insurance company should pay for all his bills for this, also.

Now, tell him to get some of those steel toed boots when he's better.