Claiming back injury

[Christiane]

I recruited someone this week and after 2 days, I decided to let her go as she wasn't suitable. Obviously, she wasn't happy.

She turned up today, saying that she'd hurt her back on the first day and took a picture of the small step on her phone (without our knowledge) where she claimed it happened.

She never said anything at the time. She carried on working, she never said she'd hurt her back. I have my two staff as witnesses. We've not recorded it in our accident book, etc.

She said she went to the doctors this morning and I will get a solicitors letter for back injury.

I'm not sure how far this will go but any advice, please, on what I should do at this stage?

 

[MikeJ]

Wait for a letter.

Write back, making the above statements. She's clearly trying it on, hoping for some kind of payment. If you give in, she'll do it to the next employer too.

 

[Christiane]

Thanks. I was wondering whether I should report her to the job centre as that's how I found her.

 

[MikeJ]

I doubt you should report the claim, as it's nothing to do with them.

 

[elaine@cheapaccounting]

When the letter comes give it to your insurance company to deal with - employer liability insurance.

I doubt the Job Centre will give a hoot.

There are some chancers in this world

 

[Christiane]

When the letter comes give it to your insurance company to deal with - employer liability insurance.

Doh, didn't cross my mind!!! Thanks.:redface:

 

[QuickHomeBuyers]

When the letter comes give it to your insurance company to deal with - employer liability insurance.

I doubt the Job Centre will give a hoot.

There are some chancers in this world

I am also interested to know what will insurance company will do ? If you are being serious.

 

[KidsBeeHappy]

Best one we had was someone that did this 2 years and 11 months after they quit!!

 

[PhilWarman]

I would call your broker or insurer (if dealt direct) and make them aware of potential claim so that you can get your view across first.

 

[Zeno]

I would hope that this will be exposed for the scam it obviously is but unfortunately there is a whole system set up to support people like this with absolutely no help for you (except from here).

You are best to let you insurers deal with it as much as possible and try not to give it too much thought. Particulary, try to avoid communicating with this person yourself, only through your professional advisors.

 

[elaine@cheapaccounting]

I am also interested to know what will insurance company will do ? If you are being serious.

Why would I not be serious?

Why would any employer have employer liability insurance if it were not to put such a claim in the hands of the insurers to sort out.

I refer you to the Business Link site so that you can extend your knowledge:

Employers' liability (EL) insurance enables businesses to meet the costs of damages and legal fees for employees who are injured or made ill at work through the fault of the employer.

Employers' liability insurance

 

[bwglaw]

If and when you get the pre-action protocol letter from the solicitor then contact your insurers. A solicitor will only take on a claim if it has merit.

 

[Tej]

I would hope that this will be exposed for the scam it obviously is but unfortunately there is a whole system set up to support people like this with absolutely no help for you (except from here).

You are best to let you insurers deal with it as much as possible and try not to give it too much thought. Particulary, try to avoid communicating with this person yourself, only through your professional advisors.

Don't communicate with the ex employee.

Pass all correspondence to your insurers. They will handle it direct.

You will have to give a true statement to your insurers.. and thats it

Sit back.. feet on the table.. relax.. glass of wine.. cigar if you are that way inclined

 

[Chris Ashdown]

As she has contacted you, I suggest you make it public to your other employees and ask them if the claiment made any mention of the fall on either day she worked there, then get them to type a small note stateing to this. then with your own knowledge and notes on what she claimed pass it all on to the insurance firm.

As others have said do not make contact with the claiment

 

[David Griffiths]

Sit back.. feet on the table.. relax.. glass of wine.. cigar if you are that way inclined

You can hurt your back doing that!

 

[David Griffiths]

A solicitor will only take on a claim if it has merit.

I'm not tarring all solicitors with the same brush, but there are some who will take on a claim if there is any prospect of screwing some money out of a defendant or the insurers just to settle the claim.

And there are plenty of instances of cases with no merit on either side where the law firms pocket more than a few shillings - neighbour disputes springing to mind.

So do you mean merit in the claim, or merit in the impact on the solicitor's bank balance?

 

[Christiane]

As she has contacted you, I suggest you make it public to your other employees and ask them if the claiment made any mention of the fall on either day she worked there, then get them to type a small note stateing to this. then with your own knowledge and notes on what she claimed pass it all on to the insurance firm.

As others have said do not make contact with the claiment

The other two employees were there when she made that claim and they were as astounded as I was. They made it quite clear that they didn't see her fall, nevermind hear her complaining about a back injury. They were with her all the time she was in that area where she said she fell and hurt her back. The two employees questioned her just as I did about her claim, they couldn't believe what they were hearing.

The other thing my partner mentioned is that she ''trespassed'' today. When she came in through the staff entrance, she went straight to the step where she said she fell to take a picture. As she was no longer an employee, she shouldn't have just walked in as she did today.

Thank you all. I did feel more positive as the day went by after the initial shock. :redface: I will wait to see if I get a solicitor's letter.

 

[ccp consultancy]

I feel sorry for you - obviously she is trying it on

HOWEVER - did she have an induction on joining - does she know where the accident book etc etc is. If you have anything signed off - employee handbook etc then this will really help your case.