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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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My Wife had an accident at work damaging her Shoulder whilst

Resolved Question:

My Wife had an accident at work damaging her Shoulder whilst pushing a wheelchair. She was on a Zero hours contract and has had no pay or work for 3 Months. Can we claim against her company for injuries sustained. BTW, Her company did not contact her whilst off work. I had to contact them.
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

tdlawyer :

There is an employment relationship, and as such, the employer owes the employee a duty of care to maintain a safe system of work and place of work. If she should have had training in pushing the wheelchair in a certain way, and a failure to give that resulted in this injury, then it should be something she can claim for.

Customer:

what do we have to do to get her Employer to accept that the injury was avoidable, she has records of training but not specifically with a wheelchair. In addition, she was requested to go in to work when she phoned in sick with the injury to which she went to work!!

tdlawyer :

You need to try and show why the training was reasonably useful to avoid the injury. It might not be overly difficult to demonstrate such utility in the training.

tdlawyer :

Most training is useful to some extent and can minimise risk of injury etc.

Customer:

The accident happened before ERRA in October 2013. The person she was pushing in the wheelchair was 20 + Stone, many had complained to their supervisors, they all had to sign R/A's

tdlawyer :

So they were on notice that it wasn't suitable for one person, yet she was still required to do it alone?

Customer:

Yes. In addition, My wife had numerous operations for Cancer and was off work for approximately 10 Months, on returning to work, she had the usual supervision and had to sign risk assessments, She was clearly not up to the job in the first place. the first line manager completed the proforma R/A. all complaints during supervision periods are noted but in this case there were no signed copies of this compalint by her

tdlawyer :

Okay it seems to me like it would be worth her seeing a solicitor with a view to treating this as a personal injury claim for her and doing it on a no-win no-fee arrangement.

tdlawyer :

When did she have the accident?

tdlawyer :

It looks like she has a claim here.

Customer:

March 2013. We have applied to Unison for membership incase they can help fight her case. we do not know which way to go on this and are a bit concerned speaking to no-win no fee solicitors as we got stung when we contacetd a group for the GP mis-diagnosis of her cancer. it seemed the Solicitors were concerned that the GP's were too strong to fight the case and it would cost them more. do you recommend any suitable route

tdlawyer :

There is no reason you shouldn't speak to a couple of solicitors and seek their views without charge. Then work with whoever you like, but there is no way of saying that you shouldn't approach solicitors as it's no win no fee, every case is different has its own merits. You could consult with the union and they would have her own specialist solicitors but the point of seeing a no win no fee solicitor remains valid.

Customer:

Can we or should we contact her employer regarding records and notes about her accident and details of discussions held, do they have to provide them

tdlawyer :

You can, and they should provide them, but again, I would personally leave that to a legal representative.

Customer:

this was the email I sent to her work.

Customer:


Thank you Gill for the email.




I wondered if you could help me regarding my contract and pay as I am a bit confused.




will I get any pay whilst off sick because I thought that the accident that I had that caused the illness for so long was not my fault and nothing has been explained to me and no-one has contacted me about this. my doctor though this a bit strange as he said I could be off work for a very long time. I have an assessment on Monday to evaluate what if any surgery or other is required to deal with the injury. I also would like to know about the payments to the local government pensions that are taken out and that if I cannot come back to work after surgery etc., what can I do regarding claiming it back or drawing a pension. could you also let me know When I have to submit my next sick note by to ensure that I get some pay in February.




The letter attached has also confused me as I do not know if I have any support in that, all the risk assessments that are done and that I have signed were obviously no good because I still got injured. I also went the extra mile late last year when I had to come into work whilst off sick because the RCW when she phoned me at home said I have to meet her halfway. This I did and explained that I was off work sick but she was clearly not happy with me.




under the FOI act, can I have all information that is held about me regarding my illness including all meetings and transcripts where my condition and absence are discussed, If I can I will need to know how to obtain them and how much you will charge me.




I think that I have been a very good Employee over the years and have always been available when needed and would hate to think that because I was injured that I am no longer wanted by Cheshire East.




many thanks for your help. I look forward to your reply.




Carole Ternent



Customer:

This was the reply

Customer:

Hi Carol,


Thank you for the email below


I hope my email finds you well, I have tried to call you, and left a message for you to call me back, I was calling to see how you are and what the outcome of your Health Assessment on Monday was, also to advise you I have done a referral to Occupational Health for you.


We received your fit note that was signed the 9th Jan 2014 for 4 weeks, you will need another fit note for the 6th Feb 2014 in order for you to get further pay.


With regard to the local government pension contributions, you are able to opt out of this scheme, you would need to complete a form to indicate this is your intention, otherwise any queries about claiming the pension back or drawing a pension would have to be made to the pensions team, they will advise you on the options available to you, I understand once you have the information you require, you would then need to speak to me about whether you wish to opt out of the pension scheme, the pensions team number is XXXXX


In your email you enquired about the FOI act, please find the link for information about how to go about making a request at http://centranet.ourcheshire.cccusers.com/compliance/pages/freedom of information.aspx.


 


Carol I am not in work next week, but will try and make contact with you on my return.


Kind Regards

tdlawyer :

Okay.

tdlawyer :

It's not an FOI act request, but rather a Data Protect Act request.

tdlawyer :

I would seriously suggest leaving this to a solicitor acting for you, it's part of the pre-action protocol process that has to be gone through when intimating a personal injury claim.

Customer:

Do we reply to her Managers email or respond when she calls her on the phone. My wife feels intimidated by her and the whole situation

tdlawyer :

Respond via email is always better.

tdlawyer :

Then get some assistance with somebody that can a liaise with the employer for you.

tdlawyer :

That way she would not feel so intimidated either, which is important.

Customer:

Many thanks for your help

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