Employee injury - how to go forward?

[Bramble]

AWB is still in force in England if the employee has been with the business since before 2013. Employees taken on after 2013 are not covered by AWB. Amongst other things a pre-2013 employee is entitled to 26 weeks off on full pay.

Otherwise the employee contract should state what the position is regarding sick pay. The very minimum will be SSP for the legally required time, or if the contract is more generous it may be full pay for a period of time.

Compensation for the actual injury may be covered by employers liability cover

If it involves family it’s likely to be more complicated, especially if there is no contract. Hopefully it can all be worked out amicably

 

[flywheel]

Have you claimed statutory sick pay ...

 

[beef 1]

You are entitled to your basic wage continued to cover yourself under ag wages board .
The employer cant claim any insurance unless they have specific personal injury cover for the employee
Been there , tried all

 

[melted welly]

Paid by the employer?? thats crazy, a quarter of the year!

Yep….

But on the other hand what would a claim be from no win, no fee ambulance chasers for lost earnings? Employee ends up with a bit of cash and Bodgit and Scarper trouser the bulk as a tidy bit of “legal costs”.

If you’re an employer and someone is injured in an accident in your employment, you’re liable, it’s just a case of how much for. The view is that no one comes to work to be injured, so if they are, it’s your responsibility.

There is mitigation, but even if you’re absolutely squeaky clean with belt and braces hse policies and comprehensive training, that will amount to no more than a 25% reduction on the claimed amount should it go to court.

 

[lloyd]

No sure how true it is but heard a story about a lad helping a mate tbt, he managed to cut the very end of his finger off either on the crush or gates of some sort . Story was NFU insurance paid out 90k !

CT?

 

[betweenthelines]

Just a word of caution.

If an injured person receives compensation for a accident, they may well be required to repay all or some of the state benefits they have received.

 

[suffolksmallholder]

Y'all 'employees' you get it all, proped up by the state! Or insurance.
Us self employed get F-all! Consider that.
SS

 

[betweenthelines]

Nothing to stop you taking out Personal Accident Insurance

 

[melted welly]

CT?

Classic Tractor?

 

[Daddy Pig]

Statuary sick pay is £109.40 per week for up to 28 weeks, all paid by the employer, it cannot be reclaimed from the state.

 

[beef 1]

You are entitled to your basic wage continued to cover yourself under ag wages board .
The employer cant claim any insurance unless they have specific personal injury cover for the employee
Been there , tried all

Overview​

Agricultural Sick Pay (ASP) means you’re paid at least the Agricultural Minimum Wage when you’re off work sick. It includes any Statutory Sick Pay you might be entitled to.
You only have the right to Agricultural Sick Pay if you were employed before the rules changed on 1 October 2013 and it says so in your contract.

 

[d williams]

Statuary sick pay is £109.40 per week for up to 28 weeks, all paid by the employer, it cannot be reclaimed from the state.

Used to be able to off set it against your paye

 

[Frodo]

Paid by the employer?? thats crazy, a quarter of the year!

All farm insurance policies I have been offered include cover for this as standard. Whether it’s worth claiming I’m never sure.

 

[beef 1]

All farm insurance policies I have been offered include cover for this as standard. Whether it’s worth claiming I’m never sure.

Someone has to be found at fault and responsible or negligent , then its a no win no fee job !!!

 

[Daddy Pig]

Used to be able to off set it against your paye

when they introduced the employment allowance they stopped that. give with one hand with loads of publicity then take with the other but keep stum about that.

 

[Still Farming]

Dairy farm fined £60,000 after worker falls through roof - Farmers Weekly

A dairy farm in Bodmin, Cornwall has been fined more than £60,000 after an 18-year-old farmworker fell through a barn roof, landing on the concrete floor

www.fwi.co.uk

 

[Bongodog]

I really don't get this, If my son in law had been hurt whilst working for me over 5 weeks ago he wouldn't need to post on a forum today how to claim for loss of earnings, he's family FFS and his wage goes towards supporting the farmers daughter, He should be given duties that don't involve using the damaged knee, sitting doing farm paperwork would probably be very useful for the future, as to any potential operation, get out the cheque book and pay from the farm account, its cheaper than having a member of staff laid up for months waiting for the NHS

 

[Nigel Wellings]

As long as the farm has Employers liability insurance then you have a perfectly valid claim under that policy. I would suggest you put together a simple letter of claim to the farming business, detailing brief circumstances of the accident,include the fact that the accident was suffered during the course of your normal employment, brief details of injury and what financial losses you are now or may suffer from. Your employers then have a legal duty to pass this to your insurers. Once insurers have received details of a potential claim then they have to react to it. They will then contact you.

You will definitely be covered for this as long as the farm business has Employers Liability cover. If this is a one off isolated incident it should not have huge ramifications for the farm insurance in future.
PM me if you need any further help