SAS Daniels LLP warns accidents at work can leave you on the bread line

Posted on: Thursday February 19, 2009

It’s hard enough getting back to full health after any accident, but what happens if that accident is at work, it wasn’t your fault and you only receive SSP (Statutory Sick Pay) whilst you’re convalescing? Cheshire solicitor Nicola Winslett believes most hard working families couldn’t afford to have a workplace accident.

“There is a general belief amongst the population that if you’ve had an accident at work your employer has to pay you whilst you are off work as a result of that injury,” said Nicola Winslett, Personal Injury Partner at SAS Daniels LLP.

“That is totally untrue. If your contract or terms and conditions state that you’re only entitled to SSP (Statutory Sick Pay) then that’s all you get irrespective of the reason you are unfit to work.

“That’s generally about £75.40 a week. Imagine if you are the family’s main breadwinner and your wages are reduced from several hundred pounds a week to only £75.40 – suddenly you struggle to pay the mortgage and feed the kids.”

Every 25 minutes, an individual breaks or fractures a bone at work as a result of an accident and worse one person dies each week in a workplace accident in the UK.

The Health & Safety Executive (HSE) has launched the ‘Shattered Lives’ campaign to highlight the devastating consequences of accidents at work. The aim of the campaign is to raise awareness of the risks and encourage more businesses to improve safety in the workplace.

A good solicitor can help to reclaim lost wages, advise how to seek interim DSS benefits and negotiate with mortgage providers or landlords.

“We can advise on heads of damage you can claim including bank and mortgage interest charges and something for the labour of your friends and family in caring for you and your home whilst you are incapacitated,” said Nicola Winslett.

“Additionally we may be able to get treatment from the other side at their cost which will relieve them of the need to wait in NHS waiting lists.”

There is also the issue of whether it is prudent to sue the employer – might such action come back to haunt you in the form of discrimination? The employer has failed to put in place basic Health & Safety requirements laid down by law, so it shouldn’t do; it is the injured party’s right to seek recompense to put them back in the situation they should have been in had the accident not have happened.

“Had the employer not cut corners with Health & Safety procedure then the situation would never have arisen – the employee shouldn’t be doubly penalised,” said Nicola Winslett.
“There is also the possibility that having sustained your injury you are then put at the mercy of the NHS to fix and/or treat the injury. That brings with it the further risk of attracting hospital acquired infections such as MRSA or C Difficile.

“There are many permutations, and a good lawyer will be able to advise on how best to approach things.”

SAS Daniels LLP is Cheshire’s biggest law firm, with offices in Stockport, Macclesfield, Chester, Congleton and Bramhall.

Ends

For more information contact Nicola Winslett

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