Broke wrist at work in creche, doctor says rest required, employer won't pay while off work

celt262

https://www.boards.ie/discussion/comment/119508388#Comment_119508388

If a doctor things someone can work with a broken wrist with a cast on there arm they have to issue a fit to work cert. I don't think to many doctors will do that.

magicbastarder

i saw this this morning, and then i saw this thread.

https://www.irishexaminer.com/news/arid-40944758.html

"Creches ... finding it "extremely difficult" to hire and keep workers due to low pay and conditions."

'yeah, if you injure yourself working for us, you're on your own' is like something from a dickens novel.

Irish_rat

https://www.boards.ie/discussion/comment/119509056#Comment_119509056

Yeah it's well known that there is a lot of creches like that. Very stressful positions and very little pay.

Then the "business owners/management" complaining about high turnover and retention when they pay minimum wage and driving around with 4x4's.

Obviously it's not everywhere but creches with a high turnover should really be avoided.

ted1

https://www.boards.ie/discussion/comment/119509036#Comment_119509036

you think wrong as lots of Doctor’s do it.

TooTired123

https://www.boards.ie/discussion/comment/119506555#Comment_119506555

Thank you for your contribution Doctor. When you looked at this patients X rays and examined the wrist, you found it to be an exact replica of your broken wrist?

Jim_Hodge

Is the bottom line, whether she is signed off by a doctor or not, that the employer isn't bound to pay them? As it was a work place accident she should pursue it as such. An employer won't pay wages, as it can be taken as an admission of liability which their insurers won't appreciate.

TooTired123

https://www.boards.ie/discussion/2058259871/broke-wrist-at-work-in-creche-doctor-says-rest-required-employer-wont-pay-while-off-work

Hi

she needs to apply for Injury Benefit to the DSP on the same form as the illness benefit application.

she doesn’t need a specific amount OF PRSI paid she only needed to be in insurable employment when the accident happened, please see below.

Her GP can provide her with the cert and the application form.

Please ring citizens information for any further information.

How to qualify for Injury Benefit

Social insurance (PRSI) contributions

To get Injury Benefit, you must be in employment insurable at PRSI Class A, D, J or M. At class M, only employees aged under 16 are covered.

You do not need a certain number of PRSI contributions to qualify for Injury Benefit.

You will qualify if you are unfit for work because of an occupational disease or an accident at work or an accident while travelling to or from work.

Your illness or incapacity must last for more than 3 days (not counting Sundays and paid holiday leave).

Civil servants who started work before April 1995 and are insured at Class B do not qualify for Injury Benefit. But you can get a declaration that an occupational accident occurred and you may qualify for other benefits under the Occupational Injuries Benefits Scheme.

Retr0gamer

https://www.boards.ie/discussion/comment/119505898#Comment_119505898

I've broken a wrist twice. It's 4-6 weeks to recover depending on the break and it can be very debilitating, takes a lot of physio to get back to close to fully functioning. It's a very slow healing fracture.

The creche should be really cop on as well as the liability they would be under could be immense if something happens and they are found to have someone working there with a debilitating injury.

magicbastarder

yeah, the cost to the creche of paying 6 weeks wages vs. the employee potentially reporting them to the HSA or their insurer... you'd think the employer would have more cop on.

Deeec

https://www.boards.ie/discussion/comment/119509740#Comment_119509740

Paying wages admits liability if there is a claim. Insurance actually advices not paying someone if liability is uncertain. The procedure is that the employer reports the accident to the insurance company when it happens ( even if there is no indication that a claim will be made). In most cases Insurance companies advise do not pay wages.

In this case she slipped on water - now unless the employer or a member of staff on purpose put the water there it may not be their fault. There could have been wet floor signs up which she ignored. It could be argued the lady wasnt taken due care. The creche may even have another another member of staff as a witness to say she was liable. Now chances are it was the creches fault. But trust me the creche will be advised by solicitor and insurance not to pay her wages as this will go against them if it ever goes to court.

And to all those that keep going on about how she cant look after children etc. I accept that - but she could be put on admin duties. To say she needs to sit at home on social welfare doing nothing is ridiculous. The OP has already clarified that she only has a cert for 3 weeks not the 6 weeks originally said in the first post. 3 weeks off would make sense but not 6 weeks.

celt262

https://www.boards.ie/discussion/comment/119509637#Comment_119509637

I know a lot who will put on the cert "fit for light duties" which shouldn't be accepted by an employee.

BattleCorp

https://www.boards.ie/discussion/comment/119509693#Comment_119509693

I used to deal with claims in my previous employment. Paying wages is not taken as an admission of liability.

You are however 100% correct in saying that the employer isn't bound to pay them. My personal view is that it's better for the employer to pay them as this reduces the likelihood of a claim. And if the person did claim, they'd be claiming for loss of wages and if they have already been paid their wages, this will lessen their Special Damages. In other words, if they won their claim, they'd be getting paid their wages eitherways (less any money given to the injured party by Social Welfare).

BattleCorp

https://www.boards.ie/discussion/comment/119509804#Comment_119509804

Paying wages isn't an admission of liability if there is a claim. Wages can be paid on a non-prejudicial basis following an injury.

You say she's only a cert for three weeks. I've managed claims where someone went to the hospital with a broken leg and only got a cert for three days from the hospital. That doesn't mean that the hospital thought they'd be fit for work after three days, that's just the period they put on the cert. The injured party had to get futher certs from their doctor. It's normal practice for doctors to issue a cert for a limited time and then extend it upon review.

And you also don't know if there are any admin duties that the injured lady can do? There mightn't be any. Or there may be plenty of admin duties but the injured lady doesn't know how to do them. Or the creche mightn't want her doing them.

Bottom line, you've no evidence to suggest that the lady is capable of being back in work after three weeks.

anndub

Utterly ridiculous advice. Have you ever tried to care for one small child while having a broken wrist nevermind a room of 10? It would be a safety issue for the employee and the children in her care