fell in work but company won't pay me while im off

scruffy28

On Friday evening in work i fell over exposed wires and plugs in work, i work in a kiosk, the space had just been made smaller over the few days previous, it used to be around 5foot of space it was then made alot smaller, less than 3foot, i had been tripping over exposed wires and informed my boss of this and the fact i was standing on an open plug socket l, he didnt care, friday even while gettin up from bending down into a press my foot got caught on the wires and i pulled my back out, i made in into work next day and was told cover would be arranged for me to leave, eventually i got out to doc, hurt the muscles in back and leg and on cocktail of drugs and bed rest, asked my company would i be paidfofor being off, i was tol its not company policy to pay for being sick, is this legal? it was work place accident am i not Entitled to be paid /compensated

AlanG

You are not entitled to be paid by the company but you may well be entitled to compensation for your loss of earnings, medical expenses and pain.
You should request that the accident is recorded in their accident records and speak to a lawyer if they do not offer compensation.
You should also apply to the Department of social welfare for sick payment - the doctor will have to fill out a form for you.

scruffy28

Ok thanks, I'll Look into it, i Know the shopping Centre where the Kiosk is did an Accident report and it's in the system, but as for my company that's another thing, they have Someone else in there now While I'm off and the wires are all still exposed, i am going to to Talk to Someone in citizens Advice when i can Move again, can't claim From Social at the min because the 1st six days are not counted, today is only day 4,

mrsbyrne

if your still not fit for work on day 6 dont forget its Injury Benefit your applying for to SW. Your employer is under no obligation to pay you. If you have medical bills associated with the fall you can claim them back form SW too under the Medical Care Scheme so keep receipts.

scruffy28

I'm Heading Back to the doctor today, i still can't sit or Stand comfortably for more than a min or 2, and job Requires me to Stand still in a 2 and half Foot Space for over 7 hours, and the area is still covered in wires and electrics still exposed,
I was Just Informed of this by another staff Member earlier today, i may not have paid Enough tax to claim Social Welfare and i feel the job will have to compensate me either way as it's due to their Negligence that i Injured Myself,

wmpdd3

The job may be trying not to offer you money for the bills or the injury you have suffered as it may be seen as an admittance of liability. You may have to resort to a solicitor.

Stheno

wmpdd3 wrote: »

The job may be trying not to offer you money for the bills or the injury you have suffered as it may be seen as an admittance of liability. You may have to resort to a solicitor.

That's exactly what I was thinking also.
OP you'd have to go down the Personal Injuries Board route for any claim against your employer, which can take some time

davo10

scruffy28 wrote: »

, i may not have paid Enough tax to claim Social Welfare and i feel the job will have to compensate me either way as it's due to their Negligence that i Injured Myself,

It sounds like they were at fault, but OP, don't assume "they will have to compensate me either way", you have a long way to go before that becomes a reality.

mrsbyrne

If you don't have enough stamps paid to get Benefit go and see your CWO for financial help. Can be found in your local Health Centre, or if not he/she will be in the SW office.

Mrs OBumble

mrsbyrne wrote: »

If you don't have enough stamps paid to get Benefit go and see your CWO for financial help. Can be found in your local Health Centre, or if not he/she will be in the SW office.

op I'm guessing you're a foreign national, if you're from an EU country then your stamps from home may count. Bottom line, the CWO can only help if you're eligible, but speeding things up.

scruffy28

No I'm Irish, there not offering anything, ie medical Bills or sick pay, they Just said it's not in there company policy,

scruffy28

Going to Go to the Social on monday hopefully, iv appointment with citizens info on friday.

scruffy28

I'll get as much Info as Possible and I'll Go from there, but i won't let it go,, the Replacement staff fell too, i Know because 4 was contacted by another shop working who seen the girl Go flying over wires

davo10

scruffy28 wrote: »

I'll get as much Info as Possible and I'll Go from there, but i won't let it go,, the Replacement staff fell too, i Know because 4 was contacted by another shop working who seen the girl Go flying over wires

Scruffy, your employer may be at fault but just to clarify, they are not required to pay you while you are out sick nor pay your medical expenses. You should keep receipts for all costs incurred and hand them to your solicitor when making a claim. You will be required to prove they were negligent, not just say they were. From what you are saying, there is a good chance of that especially as others have also fallen. I'm amazed that after you fell, the company would not tidy up the work space to prevent further injuries and claims.

Mrs OBumble

scruffy28 wrote: »

No I'm Irish, there not offering anything, ie medical Bills or sick pay, they Just said it's not in there company policy,

Cool. In that case, the CWO may well be able to help with Supplementary Allowance, even if you're young and don't have enough stamps for IB.

blindsider

Scruffy - did you take pictures of the loose cables etc?

Did you report the cables/wires issue to a manager? Can you prove this?


You'll be asked these questions, if you take any action....

scruffy28

Yep i have photos of everything, and my boss was there when the wires were lose and i called him and told him about them, also the shopping Centre that the Kiosk is in did a check on the Kiosk and a safety report and said it was un safei cacan get a copy of report, i am seein someon about it all tomro

scruffy28

Yep i have photos of everything, and my boss was there when the wires were lose and i called him and told him about them, also the shopping Centre that the Kiosk is in did a check on the Kiosk and a safety report and said it was un safei cacan get a copy of report, i am seein someon about it all tomro