ans Posted April 25, 2005 Share Posted April 25, 2005 One of my employees fell from a small step ladder resulting in a bad ankle break, he was off work over two months and claimed compensation, he got paid out 34269-00 plus costs, it pays to have insurance. Who's fault was it? Did he ask you directly for compensation and then you turned to your insurance? Did he have your blessing? How did they arrive at that figure? I'm sure that wasn't two months pay. Did you contest it? And, most importantly, is he still working for you? Link to comment Share on other sites More sharing options...
FCMR Posted April 25, 2005 Share Posted April 25, 2005 he got paid out 34269-00 plus costs, As in £34 thousand, two hundred and sixty nine? Got any vacancies? <{POST_SNAPBACK}> Yes and the legal costs were over 20k and that was four years ago Link to comment Share on other sites More sharing options...
FCMR Posted April 25, 2005 Share Posted April 25, 2005 One of my employees fell from a small step ladder resulting in a bad ankle break, he was off work over two months and claimed compensation, he got paid out 34269-00 plus costs, it pays to have insurance. <{POST_SNAPBACK}> Who's fault was it? Did he ask you directly for compensation and then you turned to your insurance? Did he have your blessing? How did they arrive at that figure? I'm sure that wasn't two months pay. Did you contest it? And, most importantly, is he still working for you? <{POST_SNAPBACK}> He was on the job on his own and I had no defence to the claim, the claim was made by his wife who later devoiced him once he was paid out. Without looking back at the paperwork I think his award was made up as follows 15k pain & suffering due to a bone being broke 4k+ loss of earnings ?k loss of pleasure activities ?k in case of future problems. Link to comment Share on other sites More sharing options...
ans Posted April 25, 2005 Share Posted April 25, 2005 the claim was made by his wife who later devoiced him once he was paid out. Sounds painful Seriously though, did you 'make him redundant' soon after? I know you had insurance and stuff, but that's not really the point. I don't know that I'd have the brass balls to expect to retain my job if I'd effectively sued my boss for damages. Link to comment Share on other sites More sharing options...
Addie Posted April 25, 2005 Share Posted April 25, 2005 I hope Unisol has adequate insurance. I was so bored reading the latest posts the other day, I fell asleep and then dropped from my chair, banging my knee quite badly. After standing up, I fell over my own feet and banged my head on the wall as I tumbled down once more, knocking my chair into the wall where it created a large dent. On reaching for the mouse to post a cry for help, I again tripped, this time over a cable especially fitted to log onto ManxForums. My wrist slammed into the desk and my mouse hand was twisted so badly that I'm having to surf left handed. This is reducing my surfing pleasure to such a degree that I'm going to consult some lawyers for compensation. With a bit of luck it'll get to court in a decade or two and I'll be as rich as Croesus. Link to comment Share on other sites More sharing options...
FCMR Posted April 25, 2005 Share Posted April 25, 2005 the claim was made by his wife who later devoiced him once he was paid out. Sounds painful Seriously though, did you 'make him redundant' soon after? I know you had insurance and stuff, but that's not really the point. I don't know that I'd have the brass balls to expect to retain my job if I'd effectively sued my boss for damages. <{POST_SNAPBACK}> He worked for us for a further couple of years Link to comment Share on other sites More sharing options...
ans Posted April 25, 2005 Share Posted April 25, 2005 He worked for us for a further couple of years How did you feel about that? I'm not trying to trap you and I understand if you don't want to answer, I'm just curious about this. Link to comment Share on other sites More sharing options...
P.K. Posted April 25, 2005 Share Posted April 25, 2005 Yeah, right.... Link to comment Share on other sites More sharing options...
FCMR Posted April 25, 2005 Share Posted April 25, 2005 He worked for us for a further couple of years <{POST_SNAPBACK}> How did you feel about that? I'm not trying to trap you and I understand if you don't want to answer, I'm just curious about this. <{POST_SNAPBACK}> I dont have a problem with it Link to comment Share on other sites More sharing options...
ans Posted April 25, 2005 Share Posted April 25, 2005 I dont have a problem with it I don't understand that. If I had an employee that effectively sued me, causing my insurance premiums to rise, I'm be more than a little cheesed off with him. I certainly wouldn't be making life easy for him, let's just put it that way Ta for the answers though. Link to comment Share on other sites More sharing options...
FCMR Posted April 25, 2005 Share Posted April 25, 2005 I dont have a problem with it <{POST_SNAPBACK}> I don't understand that. If I had an employee that effectively sued me, causing my insurance premiums to rise, I'm be more than a little cheesed off with him. I certainly wouldn't be making life easy for him, let's just put it that way Ta for the answers though. <{POST_SNAPBACK}> If it happened to me Id Sue, one good thing has come out of it, I now insist on my staff taken all the health & safety training, I try to make sure that all safe working practices are carried out and by doing all of this my insurance costs have been reduced Link to comment Share on other sites More sharing options...
ans Posted April 25, 2005 Share Posted April 25, 2005 If it happened to me Id Sue, I guess I could be judging this guy harshly as I don't know the circumstances of the fall, but to me, if I fell off a small ladder at work and broke my ankle, I'd be too embarrassed to think about suing. If it was just me being careless and falling, why should I have the right to sue anyone? If anything, I should sue myself for incompetance. Like I say though, I don't have the facts. Link to comment Share on other sites More sharing options...
FCMR Posted April 25, 2005 Share Posted April 25, 2005 Its not how far you fall its how hard the landing is. I do see your point though. £34k is only a small claim compared to some that have been paid out in the building trade here on the Island. Link to comment Share on other sites More sharing options...
joeyconcrete Posted April 26, 2005 Share Posted April 26, 2005 Have to admit, I can see both sides. The one side is the "Injury lawyers direct" type people - "I was working in a factory and di dwopped some paint and fell. Injury lawyers direct got me four thousand pwounds" On the otherhand, if I had an accident at work which was partly due to the employer I'd sue. I guess the insurance is there for loss of earnings due to work-related accidents. But like ans said, if I was an idiot and did something daft I'd either be too embarassed or morally-obliged not to sue. Link to comment Share on other sites More sharing options...
Rog Posted April 26, 2005 Share Posted April 26, 2005 If it happened to me Id Sue, I guess I could be judging this guy harshly as I don't know the circumstances of the fall, but to me, if I fell off a small ladder at work and broke my ankle, I'd be too embarrassed to think about suing. If it was just me being careless and falling, why should I have the right to sue anyone? If anything, I should sue myself for incompetance. Like I say though, I don't have the facts. <{POST_SNAPBACK}> An employer has a duty to provide a safe working environment. That includes (amongst many other things) appropriate training to do the task required of his employee as well as providing the correct equipment and even ensuring that any the employee intends to use is both appropriate and safe to be used. Adequate training may be achieved by employing someone who is qualified to the extent that you may reasonably expect that he has received appropriate training in order to be awarded his qualification, hence one reason for the widespread interest in vocational training qualifications. As regards the sacking or otherwise getting rid of a man who has been injured and has consequently sued his employer, that is an iniquitous suggestion and speaks volumes about how gothic attitudes are towards employment and workers rights on the Island. What is the status of Health and Safety legislation and e,mployment rights legislation on The Island at present? Is it a ‘carbon copy’ of that in the UK – if not they why not? Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.