Claiming Compensation for Workplace Accidents
If you are an employer, self-employed or in control of work premises, you are required under Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) to report some types of work-related accidents, diseases and dangerous occurrences.
Reporting accidents and ill health at work is a legal requirement under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995. The information gathered helps the Local Authority and the Health and Safety Executive (HSE) to identify where and how risks arise and to prevent reoccurrence and prevent further pain and suffering to employees.
If you are an employee, make sure
• you record any injury in the 'accident book'
• your employer has reported it to the HSE
• check your contract of employment for information about sick or accident pay and claim if you are so eligible
• to sort out any disputes that you have with your employer
• You point out health and safety problems at work, if any to your employer and ask that it be dealt with immediately. If this doesn't happen, call the HSE Infoline at 0845 345 0055
> What monetary benefit can you expect from your employer?
1.Statutory sick pay (SSP):
If you have been sick for at least four or more days in a row (including weekends, bank holidays and days that you do not normally work), average weekly earnings equal to or more than the Lower Earnings Limit (LEL).
Lower Earnings Limit:
LEL is the amount you would need to earn before you start paying National Insurance contributions. From 11 April 2011, the LEL is £102 a week.
Average weekly earnings:
Earnings actually paid in the past eight week period before the date of accident is used for the average weekly earnings calculation. These earnings must be subject to National Insurance contributions if your earnings were high enough and may include:
• your normal earnings
• holiday pay
• other Statutory Payments
However, if you have a salary sacrifice arrangement, your average weekly earnings are calculated using the actual earnings (minus the salary sacrifice) paid to you.
If you have received SSP for a previous period of illness within the last eight weeks, your new period of illness may link to this. For periods of illness to link, you must have been sick for at least four days in a row in the second period for this to be treated as one continuous period. SSP will be paid for the new period, without you having to serve waiting days.
2. Company sick pay
Company sick pay scheme is the scheme offered by the employers and it does not fall under the legal minimum. Company sick pay schemes vary from employer to employer. In many cases, it could be more generous than what is received under SSP.
Written statement of employment particulars: A 'written statement of employment particulars' is receivable by the employee after he/she completes one month of employment.
Your employer is at obligation to give you this within two months of you starting work. It still applies even if you will only be working for them for two months. The statement sets out in writing some of your main employment terms, known as the 'principal statement'. It need not necessarily cover all of your employment terms.
Your offer letter or employment contract could be your principal statement or full written statement. The employer is not obliged to give a separate written statement if everything is covered in either of these documents.
If you aren't entitled to anything under a company scheme, your employer should still pay you Statutory Sick Pay (SSP) if you are eligible.
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