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RJM Law
RJM Law, Laywer
Category: Employment Law
Satisfied Customers: 4302
Experience:  LL.B (Hons)
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I work for a large refrigeration engineering company and

Customer Question

I work for a large refrigeration engineering company and over the last year have hurt myself at work twice, resulting in 23 days off.
JA: Have you discussed the injury with a manager or HR? Or with a lawyer?
Customer: I've just been told that when I breach 30 days off I will be put straight onto statuartory sick pay, regardless if its an injury at work or not. Can they do that?
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I'm an employee and I cannot access my HR, I can only go through my manager
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: My two injuries were done doing the same activity at work. Even though I highlighted the problem and completed the health and safety paperwork with my own recommendations on how to avoid future injury but nothing has been done.
Submitted: 11 days ago.
Category: Employment Law
Customer: replied 11 days ago.
In summary, can my employer consider injury at work the same as any other time off such catching a cold etc and can he arbitrarily say there's a 30 day per rolling year maximum for paid sick leave then after that your straight onto statuartory sick pay regardless if its an injury at work?
Customer: replied 11 days ago.
There is no union within my working area.
Expert:  RJM Law replied 11 days ago.

Hello, and thank you for choosing our service today. I am the expert who shall assist you with this opportunity

Please note, our service is conducted through emails and from time to time there may be a delay between answers and responses, this is due to the expert availability at the time.

If you do not receive a response immediately, please be advised I may be working through other matters however you shall receive a response as soon as I am finished with any live. However please be assured I will get back to you.

I will be able to provide you with guidance in relation to your question which should assist in clarifying matters and navigating the legal system. However, please note this does not form a professional client relationship.

I look forward speaking with you and providing help.


Expert:  RJM Law replied 11 days ago.

Yes they can do that provided that is in accordance with the terms of your contact.  However if you can reclaim this money you have lost by way of a personal injury claim.  

In terms of personal injury law, you have 3 years from the date of the injury, or you "reasonably became aware" of the injury to raise a claim. In this type of claim you are provided some compensation for the injury itself. On top of this, you can claim for loss of earnings you have incurred and also any costs/expenses incurred as a direct relation to the injury this would include cost such as the cost of attending hospital appointments and lost wages as a result. This is usually an insurance claim, but the claim is made directly to your employer. There are usually a few high street law firms who will take this type of claim on with a no win no fee basis.

I shall provide you with a helpful link that will assist you in finding a solicitor/representative near your local area. This will provide you with someone nearby your area who can assist you if required.

I hope this information proved helpful. You will find a local solicitor who deals with these matters on the law society webpage which is as follows;

https://solicitors.lawsociety.org.uk/ (England)

https://www.lawscot.org.uk/find-a-solicitor/ (Scotland)

https://www.lawsociety.ie/Find-a-Solicitor/Solicitor-Firm-Search/ (Ireland)

https://www.lawsoc-ni.org/solicitors (N. Ireland)

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Should you require any further assistance on this matter, please do not hesitate to post a further questions for additional assistance.

Kindest Regards.