Broken wrist from work and they won't pay me full pay.

[kassiopeia]

Hi all, I'm wondering if someone can help me. I was attacked at work by a client suffering from dementia. As a result I have a broken wrist. They told me at the docs that I could still work with my pot on. I went into work the next day and was sent home as they said I couldn't work. They won't pay me full pay, only SSP, which I think is very poor seeing as I am prepared to work and it wasn't my fault. Where do I stand on this? Can I take it further? I would normally just accept it but it's like they are trying to turn it round on me and make it my fault. I can't afford to lose my wage, especially at this time of year. I don't know where to turn.

[factor-fiction]

It might be worth asking whether you can work from home or whether there is any work work they will be prepared to let you do.
Iassume there is no Occupational Sick Pay Scheme
How long have you worked there- if it's less than 12 months they may be able to dismiss you so you'd need to tread carefully.

[sandyRoe]

Have you contacted a lawyer about your injuries claim?

[Hopkirk]

Injury lawyers 4 you?

No, I think I would go down to the Citizen's Advice Bureau.

[blackeyed]

Hello there,
sorry to hear about your wrist.. am doing an accountancy course and it has got a bit of law in it... judging from your situation u seem to have a strong, valid point since, u didnt contribute to your injury in any way and even when injured, are still willing to work.I don't think your company can ask u not to work without pay, it doesnt seem legal. You should sure take it further.

[Francis Asis]

Are you in a union? They can be very good with advice.

[Nini74]

speak to an employment lawyer. seems as though you're prepared to work, and haven't been signed off sick by your GP, so the only thing preventing you from working is your employer! Alternatively, if you feel you have a claim for compensation for the personal injury sustained, see a Solicitor and any loss of earnings can be claimed back (if your claim is successful of course) -but this could take a long time. Quickest thing is to put your request to return to work in writing, explaining what gp said and that you consider yourself fit for work, and ask them to let you come back.
hope it works out okay for you.

[LoftyLottie]

Phone ACAS. Very simple to do and you will get correct information and help. No need to go to any lawyers.

http://www.acas.org.u...x.aspx?articleid=2042

[Eve]

Did they give a reason for refusing your return to work (eg insurance or health and safety or other regulations) and are there any other duties that you could do eg administrative which wouldn't have the same problem?

As Factor said, how long have you worked there for?

As well as any union or legal advisor, you could also contact ACAS for advice.

[boxtops]

If you were attached by a patient, I hope it went in to your work's accident book - they have a duty to report accidents to the H&SE, especially as you had hospital treatment.

[Old Salt]

As I'm sure you are aware, this will require delicate handling.

First of all, sit down in a quiet room and write out your complete description of what happened; include every detail, no matter how small.

When you are satisfied that your account is purely factual, containing no emotional or supposition, take it to personnel or someone senior in the company. If they are not prepared to read it in you presence, ask them when you should come back so you can clarify your concerns.

If this falls on stony ground then you will need to get legal advice and legal aid, unless you have a lot of money to take them to court.

Keep a good account of who you talk to, when, and what was said.

However, if the company will not listen to you, and you continue to plead your case, it is almost for certain you will have to start looking for another job.
Never lose sight of that fact.

Old Salt

[boxtops]

I can understand your work sending you home, if you can't do 100% of your work wearing a pot. How did the incident arise? Were you working on your own? What job do you do?

[THECORBYLOON]

The Statement of Fitness for Work does not say someone is fit for work. It says, “I advise you that” followed by the options “you are not fit for work” and “you may be fit for work taking account of the following advice”.

Even if the doctor thinks a person is fit to return to work (with or without adjustments) the employer is NOT obliged to accept it and can seek advice from their own company doctor or an occupational health professional.

With regard to SSP or full pay, an employer is not obliged to pay full pay following an accident at work, it depends on the contract.

[RATTER15]

Were you aware that this resident could be aggressive?
What does his care plan say about aggression issues?
Does care plan suggest ways of approaching these issues?
Is the resident on medication for his aggression?
Was he taking this medication?
Have you been NAPPI trained to deal with aggressive residents?
http://www.nappiuk.com/
What were you doing when you were attacked, were you working alone?
Was this resident agitated prior to the attack?
Was there a Senior member of staff on duty to advise you?

These are all things you need to take into account when seeking legal action. write down as much information as you can while this information is still fresh.