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Question: Broken Ankle at Work

Not for me... I work from home... another benefit to not having to leave the house for work ;)

No my wife has been silly, she was cleaning at work last night (She's a Veterinarian Nurse). Slipped over and hurt her ankle, just got back from Urgent Care @ Gravesend to find its fractured - Means that she cant drive now for the next few weeks as a result, but is allowed to work if she wants (Its just getting there that is going to be a massive drain on finances now) - Usually any "sick" leave she takes from work in normal circumstances results in her being paid solely SSP.

What would the circumstances be in the situation... Its not sickness, its injury whilst following processes at work... If she takes any leave would SSP solely apply, or would she be entitled to claim full pay? - I dont overly trust her Employer, hence why I wanted to ask the question, and whether anyone had any knowledge of this, so if they do under-pay when they're not allowed, we can basically go back to them and... "No you cant do this because of X, Y and Z"

Naturally we'd rather not go down the "Have you been injured at work, you may be entitled to claim blah blah blah"

As whilst she's still working for them, she'd rather not upset working relationships with them.
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Comments

  • Would her employer be prepared to pay some or all of her additional transport costs while she's unable to drive?
  • IdleHans said:
    Would her employer be prepared to pay some or all of her additional transport costs while she's unable to drive?
    Might be a question worth asking them... Thanks, for some reason I didnt think of that.
  • surely depends on what caused her to slip over ?

    a spillage on the floor that had just been left
    a newly washed floor with no yellow warning sign?

    new slippy shoes that she lost her footing in ?

    etc 
  • There needs to have been some form of negligence on the part of the employer before they would normally be liable for an injury. 
  • Doesn’t she/has she signed an accident book at work to record her injury?
  • Doesn’t she/has she signed an accident book at work to record her injury?
    Yes she has done.
  • edited March 6
    Is there a risk assessment for the activity she was doing?
  • She could also ask her employer what the firm’s policy/ requirement is for her to follow. 
  • edited March 6
    Is there a risk assessment for the activity is was doing?
    She's shrugged her shoulders in confusion at me when I've asked that one.

    By the sound of things, its someone's responsibility to mop the floor of an evening, and then shimmy back along a towel drying the floor - My wife thinks that the towel she was using got caught in a door, meaning she's then slipped on the floor, as she's moved, the towel hasnt.

    So guess in answer to @MrOneLung as well, you could argue its her own fault... and would see why it could be.
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  • She shouldn't be expected to loose out financially due to an injury caused whilst at work and following correct procedure, which I assume she was.
    Whatever, hopefully she will be on the mend very soon mate.
    Yeah thats my mentality as well mate... Like I say, we dont care about getting financial reward out of this via. compensation - We just dont / cant really afford to lose out on her having to deal with a reduced Salary.
  • Have a look at her Contract of Employment, it should cover SSP, company sick pay and/or discretionary sick pay.
  • In terms of the accident, did she slip on her own cleaning?
  • Macronate said:
    In terms of the accident, did she slip on her own cleaning?
    Yes she did.
  • I would advise that at the first opportunity to record everything that has happened so far. Dates, timelines, circumstances, instructions given, cause and effect.
  • Rizzo said:
    There needs to have been some form of negligence on the part of the employer before they would normally be liable for an injury. 
    She shouldn't be expected to loose out financially due to an injury caused whilst at work and following correct procedure, which I assume she was.
    Whatever, hopefully she will be on the mend very soon mate.
    Macronate said:
    Have a look at her Contract of Employment, it should cover SSP, company sick pay and/or discretionary sick pay.
    These .. and this might prove useful .. If you’re injured because of an accident at work - Citizens Advice
  • Chizz said:
    Your wife may have rights beyond just Statutory Sick Pay (SSP) because her injury occurred at work while performing her job duties. Here are some key considerations:

    1. Employer's Sick Pay Policy
    - Some employers offer Contractual Sick Pay, which may provide full or partial pay beyond SSP.
    - Check her employment contract or staff handbook to see if there's a workplace injury policy. 
    - If her employer only offers SSP, then that would be the default unless additional rights apply.

    2. Workplace Injury & Pay Entitlement
    - If her injury happened at work, she may be entitled to Injury Pay under her employer’s policy or a relevant industry agreement.
    - Even if her employer doesn’t mention it, they could be liable to cover her wages for time off due to a workplace accident.

    3. Is This a Reportable Workplace Injury? 
    - If she slipped at work, this should be recorded in the workplace accident book.
    - Depending on the severity, this might be a RIDDOR-reportable accident (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations) if:
      - She is off work for more than seven consecutive days.
      - The fracture prevents her from performing her normal duties.

    4. Could She Claim Industrial Injury Benefit?
    - She may be able to claim Industrial Injuries Disablement Benefit (IIDB) if the injury has lasting effects.
    - This wouldn’t affect her employment status but is an additional government support. 
    - (Hopefully this bit will prove to be completely irrelevant). 

    5. Travel Costs Due to Injury
    - As she cannot drive due to a work-related injury, she could argue that the employer should help with transport costs if they are not facilitating alternative work arrangements. (I assume, given her role, there's no option for her to work from home). 

    Steps
    - Check her contract for any injury-related sick pay entitlements.
    - Ask HR for clarity** on whether her workplace has an occupational injury pay scheme.
    - Ensure the accident is properly recorded in the bump book to avoid issues later.
    - If the employer refuses to pay more than SSP, and it's clear that the injury was due to work, she could speak to ACAS or a legal advisor for advice.

    Employer’s Potential Liability
    - If she was following work procedures and there was a hazard (e.g., wet floor, no proper footwear policy, etc.), the employer could be liable for negligence.
    - Even though she doesn’t want to pursue a legal claim, it’s good to know her rights in case the employer tries to underpay or avoid responsibility. 
    This is really helpful, thanks @Chizz
  • Chizz said:
    Your wife may have rights beyond just Statutory Sick Pay (SSP) because her injury occurred at work while performing her job duties. Here are some key considerations:

    1. Employer's Sick Pay Policy
    - Some employers offer Contractual Sick Pay, which may provide full or partial pay beyond SSP.
    - Check her employment contract or staff handbook to see if there's a workplace injury policy. 
    - If her employer only offers SSP, then that would be the default unless additional rights apply.

    2. Workplace Injury & Pay Entitlement
    - If her injury happened at work, she may be entitled to Injury Pay under her employer’s policy or a relevant industry agreement.
    - Even if her employer doesn’t mention it, they could be liable to cover her wages for time off due to a workplace accident.

    3. Is This a Reportable Workplace Injury? 
    - If she slipped at work, this should be recorded in the workplace accident book.
    - Depending on the severity, this might be a RIDDOR-reportable accident (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations) if:
      - She is off work for more than seven consecutive days.
      - The fracture prevents her from performing her normal duties.

    4. Could She Claim Industrial Injury Benefit?
    - She may be able to claim Industrial Injuries Disablement Benefit (IIDB) if the injury has lasting effects.
    - This wouldn’t affect her employment status but is an additional government support. 
    - (Hopefully this bit will prove to be completely irrelevant). 

    5. Travel Costs Due to Injury
    - As she cannot drive due to a work-related injury, she could argue that the employer should help with transport costs if they are not facilitating alternative work arrangements. (I assume, given her role, there's no option for her to work from home). 

    Steps
    - Check her contract for any injury-related sick pay entitlements.
    - Ask HR for clarity** on whether her workplace has an occupational injury pay scheme.
    - Ensure the accident is properly recorded in the bump book to avoid issues later.
    - If the employer refuses to pay more than SSP, and it's clear that the injury was due to work, she could speak to ACAS or a legal advisor for advice.

    Employer’s Potential Liability
    - If she was following work procedures and there was a hazard (e.g., wet floor, no proper footwear policy, etc.), the employer could be liable for negligence.
    - Even though she doesn’t want to pursue a legal claim, it’s good to know her rights in case the employer tries to underpay or avoid responsibility. 
    This is really helpful, thanks @Chizz
    You haven't read the bit at the end that I edited yet.  You might not thank me!
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  • Be honest, You are more concerned that she isn’t going to be able to cook dinner, do the washing and hoover arent you ?
  • Brownie12 said:
    Be honest, You are more concerned that she isn’t going to be able to cook dinner, do the washing and hoover arent you ?
    I think she's going to be more concerned about that one... she's tried my dinners!!
  • Is there a risk assessment for the activity is was doing?
    She's shrugged her shoulders in confusion at me when I've asked that one.

    By the sound of things, its someone's responsibility to mop the floor of an evening, and then shimmy back along a towel drying the floor - My wife thinks that the towel she was using got caught in a door, meaning she's then slipped on the floor, as she's moved, the towel hasnt.

    So guess in answer to @MrOneLung as well, you could argue its her own fault... and would see why it could be.
    The first question should be is the shimmying along the towel official policy (in which case it sounds unsafe) or is it a shortcut the staff take without employer knowledge/consent
  • Is there a risk assessment for the activity is was doing?
    She's shrugged her shoulders in confusion at me when I've asked that one.

    By the sound of things, its someone's responsibility to mop the floor of an evening, and then shimmy back along a towel drying the floor - My wife thinks that the towel she was using got caught in a door, meaning she's then slipped on the floor, as she's moved, the towel hasnt.

    So guess in answer to @MrOneLung as well, you could argue its her own fault... and would see why it could be.
    The first question should be is the shimmying along the towel official policy (in which case it sounds unsafe) or is it a shortcut the staff take without employer knowledge/consent
    It's sometimes a good idea to to try and dry the floor as quick as possible using a towel and maybe shows a bit of initiative on the part of whoever's cleaning.

    This is a tricky scenario if Mrs Foreveraddicted likes and wants to keep her job. Discussing with her employer is the first step and see what they suggest.

  • Chizz said:
    Chizz said:
    Your wife may have rights beyond just Statutory Sick Pay (SSP) because her injury occurred at work while performing her job duties. Here are some key considerations:

    1. Employer's Sick Pay Policy
    - Some employers offer Contractual Sick Pay, which may provide full or partial pay beyond SSP.
    - Check her employment contract or staff handbook to see if there's a workplace injury policy. 
    - If her employer only offers SSP, then that would be the default unless additional rights apply.

    2. Workplace Injury & Pay Entitlement
    - If her injury happened at work, she may be entitled to Injury Pay under her employer’s policy or a relevant industry agreement.
    - Even if her employer doesn’t mention it, they could be liable to cover her wages for time off due to a workplace accident.

    3. Is This a Reportable Workplace Injury? 
    - If she slipped at work, this should be recorded in the workplace accident book.
    - Depending on the severity, this might be a RIDDOR-reportable accident (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations) if:
      - She is off work for more than seven consecutive days.
      - The fracture prevents her from performing her normal duties.

    4. Could She Claim Industrial Injury Benefit?
    - She may be able to claim Industrial Injuries Disablement Benefit (IIDB) if the injury has lasting effects.
    - This wouldn’t affect her employment status but is an additional government support. 
    - (Hopefully this bit will prove to be completely irrelevant). 

    5. Travel Costs Due to Injury
    - As she cannot drive due to a work-related injury, she could argue that the employer should help with transport costs if they are not facilitating alternative work arrangements. (I assume, given her role, there's no option for her to work from home). 

    Steps
    - Check her contract for any injury-related sick pay entitlements.
    - Ask HR for clarity** on whether her workplace has an occupational injury pay scheme.
    - Ensure the accident is properly recorded in the bump book to avoid issues later.
    - If the employer refuses to pay more than SSP, and it's clear that the injury was due to work, she could speak to ACAS or a legal advisor for advice.

    Employer’s Potential Liability
    - If she was following work procedures and there was a hazard (e.g., wet floor, no proper footwear policy, etc.), the employer could be liable for negligence.
    - Even though she doesn’t want to pursue a legal claim, it’s good to know her rights in case the employer tries to underpay or avoid responsibility. 
    This is really helpful, thanks @Chizz
    You haven't read the bit at the end that I edited yet.  You might not thank me!
    Meh!! - She's had a good run mate, and her Life Assurance would soften the blow

    You're all heart ain't you mate...😉
  • So brief update... the Vet hasn't put her down yet, still arguing over some bullshit called "ethics"

    On a serious note, she's had a call from the Orthopaedics, they've reviewed her X-Ray from earlier, and have said its not actually broken and is just a sprain - She's hyper mobile (dislocates easily), and basically got over diagnosed.

    She's spoken with work, they're happy for her to have Tomorrow and Saturday off (as it was her turn to work that shift) to recover, and she's going back into work on Monday... Seems she's going to try and drive herself there, seeing its just a sprain, rather than a break, and see how things go.

    Her Manager has agreed though, that until she's fully healed, she'll remain on a shift that has her working alongside other Nurses, whereas the late shift (which she was on last night), would involve her working alone... So looks like its all had a potentially simple resolution... Provided she can cope with the drive into work!!  :|

    Thanks for all your advice so far... Its a continued credit to the Forum that we were driving home after the trip to the Hospital, wondering about sick pay etc. and my first thought to check anything was here!!
    Result.
    Now, about the lone working policy? What if she'd slipped and cracked her swede?
  • edited March 6
    I tore the ligaments in my ankle playing football a few years back. 

    https://www.amazon.co.uk/WASPO-Ankle-Support-Brace-Adjustable/dp/B07ZS95G7K/

    This was godsend whilst driving as it just allowed me to move it up and down but gave really good side support
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