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Kasare
Kasare, Solicitor
Category: Employment Law
Satisfied Customers: 1301
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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I am a serving prison officer dog handler and whilst travelling

Resolved Question:

I am a serving prison officer dog handler and whilst travelling to work with drug dogs i was involved in a R.T.A. My question is am i on official duty....?

Submitted: 3 years ago.
Category: Employment Law
Expert:  Kasare replied 3 years ago.
Hi, thanks for your question, I will assist you with this.

Can I ask the reason for your question? Is this regarding a claim for personal injury or your employers position on the accident? If employment - can you please expand a little on the circumstance.

Thanks
Customer: replied 3 years ago.

i have been off work since the 18th feb due to an articulated lorry running into the back of me on my route to work. i am due to go down to half pay on the 20th August however if it was an accident at work or if i was on official duties i would still be getting paid the full amount made up by capita.

Expert:  Kasare replied 3 years ago.
Hi Jonathan

It is highly unlikely that this could be considered an accident at work as you were essentially commuting to work.

Are you paid travelling to and from work? Do you take the dogs from your home or do you stop to collect the dogs? Therefore, was this accident within your contracted hours of work? If not, then again, I do not believe you could class this as an accident at work or official duties.

However, as you are injured, you are not pursuing your employers for compensation are you? You are or should be bringing a claim against the other driver if he ran into the back of you. In this claim you will claim the loss of earnings from the driver of the other vehicle and your employers would also have a right to bring a subrogated claim for the earnings they have paid.

You should look carefully at your contract, but I fear that this would be considered an accident whilst commuting to work, which would not be covered.

I hope this assists. If you have any further questions as a result of this please ask.
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