work accident

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Serpeni

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Jan 30, 2018
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An employee dropped a small weight on her foot whilst at work. She didn't report it, and carried on working for the remainder of the day. She came in the following day and showed that she had bruised her toe, and went for doctors opinion later that afternoon, where it was confirmed that her toe was fractured and she was told not to work for 4 weeks. She is asking for her full pay whilst she is absent, whilst I thought she would just receive SSP. Am I correct?
 

ethical PR

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Apr 20, 2009
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You should cover terms for sick pay in your contract.

However, if she is having time off as a result of an accident at work, I would imagine this is a different issue.

You also need to think about possible compensation claims.

What have you done now you know there has been an accident in the workplace? Have you filled in an accident report? Carried out an investigation?
 
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Newchodge

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Nov 8, 2012
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It is normal practice, if someone is absent due to an accident at work, to pay normal pay. If your contract doesn't say anything about it, what does it say about sickness absence?
 
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STDFR33

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Aug 7, 2016
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If your employee works in an environment where they are operating machinery and using weights, then there ought to be risk assessments undertaken and safeguards in place for risk areas.

Steel toe caps can be bought so they are like trainers, rather than boots so they don't have to be a pain to wear. Offering your staff adequate PPE would have prevented the accident.

In light of the circumstances, in no particular order, I would:-
1) Pay this employee full pay and hope they don't put in a compensation claim
2) Review your contract of employments / sickness policy
3) Complete some risk assessments
4) Provide your employees with PPE

Only having to pay this employee full pay would be a good result for you, and I'm surprised that you have had to ask the question.
 
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Mr D

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Feb 12, 2017
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I think there would be resistance to wearing steel toe capped shoes in a sewing house, but if that was what was required, then we would have to offer them

As much resistance as having people fracture toes?
 
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STDFR33

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Aug 7, 2016
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I think there would be resistance to wearing steel toe capped shoes in a sewing house, but if that was what was required, then we would have to offer them

As I've said, they don't have to be typical 'big black boots':
https://www.screwfix.com/c/safety-workwear/safety-trainers/cat850528?brand=delta_plus&webicon=new

You are the employer. You tell them that they must wear the PPE provided and that not wearing it would be a gross misconduct offence and disciplinary action would follow.
 
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Newchodge

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Nov 8, 2012
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One of the reasons for giving full pay after an accident at work is that it may deter the employee from claiming compensation. If they have lost pay over it they are more likely to feel aggrieved and seek advice about a claim. Presumably you have notified your insurers?

Just offering PPE is not acceptable. If you carry out a risk assessment that establishes there is an injury risk (which there obviously is as there has been one) which PPE would have ameliorated, you must require that staff wear appropriate PPE and enforce that requirement.
 
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atmosbob

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Oct 26, 2009
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If you carry out a risk assessment that establishes there is an injury risk (which there obviously is as there has been one) which PPE would have ameliorated, you must require that staff wear appropriate PPE and enforce that requirement.
I'm not an expert as you are but doesn't it depend on the likelyhood of risk and future instances? Dropping the office kettle could also damage a toe but I don't think you need to enforce wearing steel capped shoes in an office.
 
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STDFR33

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Aug 7, 2016
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I'm not an expert as you are but doesn't it depend on the likelyhood of risk and future instances? Dropping the office kettle could also damage a toe but I don't think you need to enforce wearing steel capped shoes in an office.

The risk of that would be deemed low, so no requirement for PPE for that specifically.

If the kitchen is upstairs and hot drinks are consumed downstairs, you would identify the risk of spilling hot drinks medium / high and therefore implement the use of trays.
 
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