My Dad has had an accident at work and his employer has told him he will not get paid - is this correct?

Question

My Dad fell off a ladder at work and has broke his heel. He cannot get an answer from his employer regarding pay, but they have said it is very unlikely he will get anything. He says there is nothing in his contract, but surely he is entitled to something?

Answer 1

If he lives in the US, his employer is required to have workers compensation to cover this type of thing. If his employer doesn't, tell your dad to get a good attorney. He got hurt at work so he is certainly entitled to some compensation.

Answer 2

It depends. Does his job require the use of the ladder? Was he alone? Had he been correctly trained in the use of a ladder? It sounds silly, but these are the things that the health and safety executive insist are done. If he was using the ladder and his job does not require it, it will be classed as his own fault even if he was doing it to help out. HSE rules also state you should never use a ladder alone. If the employer failed to tell your dad this, the employer is at fault. If his job needs a ladder and the employer did not provide the correct training, even if your dad had been using ladders for years it is the employers fault and your dad can claim compensation

Answer 3

This link gives details of Statutory Sick Pay. It isn't very much, but it is something to which he is entitled if his employer has been employing him regularly (by which I mean, paying his National Insurance contributions, etc.) http://www.adviceguide.org.uk/index/life/benefits/benefits_for_people_who_are_sick_or_disabled.htm#statutory_sick_pay

It might well be that the accident is one for which he could sue his employer if he fell off the ladder because of negligence on their part in not providing a safe system of work. This link may be useful. http://www.york.gov.uk/business/health_and_safety/Accidents_at_work/ The local authority will have a health and safety executive department.

Answer 4

Responding as to USA law. You definitely need a lawyer for this. It will depend on the agreement he had with his boss. If he was an employee of the company then taxes would have been withheld from his check. In that case he is entitled to workman's comp. If he was an independent contractor then your father was basically self employed and would have to carry his own insurance. This is a tactic some employers use to get around the law. In this case he will have to go to court to prove his worker status. That means proving he was given work instructions by his employer, acted solely on their behalf, and was not responsible for managing other employees.

Answer 5

Your question is answered by the worker's compensation laws of your state. For example, if he was injured in California, he would not get his regular 'pay'. He would get a temporary disability check from the insurance company that has state mandated coverage for employees injured on the job. In the meantime, he can go to EDD and collect unemployment until the worker's comp benefits kick in. He MUST file a claim for Workers' Compensation benefits. The employer MUST provide him the form if he asks for it. If they deny the form or don't have it, there are all sorts of offices all over the state that can provide it. Or, it may even be available online so you don't have to drive to get it. File the claim NOW.

Answer 6

depends- if he's in a contract and it was his own equipment, then most likely not. But this also depends on where you are located. In a normal case, where the person is employed by the employer, not contracted out, then yes, labour law rights fully guarentee compensation pay, and a large lawsuit could come of it.

Answer 7

depends if he was following the companies guidelins for working on a ladder, if he wasn't, then it's likely that it will be calssed as his own fault, and he will not be entitled to compensation. If he was the company would be liable. He should still get SSP ( Statuary Sick Pay). I am assuming that this is a UK situation,

Answer 8

As you refered to your father as "Dad" insteal of "Pop" I'll guess you're in the UK, So...

If your father earns over £87 a week he's entitled to Statutory Sick Pay (SSP) from the 4th day of Illness, and his employer should pay this (It's actually a state benefit he's *entitled* to, but it gets paid via his employer who claim it back off the state).

Most companies will top this up (Employer's Sick Pay - ESP) up to your full level of pay - although there is no rule that says they *have* to do this and it sounds like your father's employer doesn't.

SSP is currently £72.55 a week.

Have a look at http://www.dwp.gov.uk/lifeevent/workage/wa_sick_and_unable_to_work.asp

and

http://www.dwp.gov.uk/lifeevent/benefits/statutory_sick_pay.asp

As for the cause of the injury, perhaps he should approach his boss and point out that he is entitled to SSP no matter what that say, and at that point perhaps he should mention compensation - they may suddenly decide to pull their collective fingers out and pay him his SSP and some ESP to!

Good luck, and here's hoping for speedy recovery.

Answer 9

There is a little something called workmen's compensation that is supposed to take care of medical expenses and supply income while recovering. In most cases this applies to accidents on the job. The only exceptions are very small contractors. He will not be paid his regular salary while not working. This is covered, but only in part by workmens comp.

Answer 10

Regardless of if he had insurance or short term disability, he is still covered under worker's comp, if he works in the US. Any employee that is hurt on the job should report the injury immediately to the employer, be seen by a doctor, and the injury should be paid for by the employer's worker's comp insurance. Now, if he has STD (short term disability), he can also get money for the time that he is out of work.

I'm sorry to hear about your dad's accident - I hope his company takes care of it properly.