Accident at work & Sick pay

Resident · 14 Jan 2020 at 20:06

Not me firstly, a colleague.

She was performing her duties out and about in a works vehicle when she was crashed into by a speeding vehicle which came round the corner on the wrong side.

Minor injuries but advised to take 4 weeks to recover, which she did. She was paid company sick pay (90% of salary) for those 4 weeks.

Fast forward a few weeks after her return and insurance companies have settled on a payout. Only a personal injury award, no loss of earnings however the company has demanded that she pay back the sick pay she received (just over 2k).

Surely they can't do this?

Diddums · 14 Jan 2020 at 20:09

I very much doubt it, but IANAL.

Dirk Diggler · 14 Jan 2020 at 20:09

How are they justifying that demand, it sounds like a bizarre request to make.

builder22 · 14 Jan 2020 at 20:11

as above...surely there must be more to this?

sideways14a · 14 Jan 2020 at 20:11

Absolutely no way, company can go whistle and i dont care if they are entitled to it back because if the place i worked for pulled this i would have it all over social media by the end of the day.

What is it with crap companies and poor staff relations? pathetic.

Greebo · 14 Jan 2020 at 20:11

I have seen this often when people at work get paid out for their lost earnings and the company have asked for it back when they get paid out. Perhaps the company mistakenly think she has claimed for lost earnings?

bremen1874 · 14 Jan 2020 at 20:13

Surely this is a question for Acas, not a computer forum.

Dirk Diggler · 14 Jan 2020 at 20:15

bremen1874 said:
Surely this is a question for Acas, not a computer forum.

Why be so hostile, you could say the same for 90% of what gets posted here. The OP is just making conversation.

And ACAS, seriously? A union Rep, more like.

Diddums · 14 Jan 2020 at 20:19

String said:
Why be so hostile, you could say the same for 90% of what gets posted here. The OP is just making conversation.

And ACAS, seriously? A union Rep, more like.

Acas is fantastic for advice on exactly this kind of thing. They don’t get involved unless you want them to (my experience anyway).

muon · 14 Jan 2020 at 20:19

Resident said:
Not me firstly, a colleague.

She was performing her duties out and about in a works vehicle when she was crashed into by a speeding vehicle which came round the corner on the wrong side.

Minor injuries but advised to take 4 weeks to recover, which she did. She was paid company sick pay (90% of salary) for those 4 weeks.

Fast forward a few weeks after her return and insurance companies have settled on a payout. Only a personal injury award, no loss of earnings however the company has demanded that she pay back the sick pay she received (just over 2k).

Surely they can't do this?

Why was there no loss of earnings award?

Seems bizarre. There's no such thing as only a personal injury award.

Was this done via a lawyer or just accepted a payout from the insurance company?

The payout should say what it is for. If general damages then it is simply compensation.

If it does not then it could be argued it is a payment for everything. In fact I bet that is what the settlement says.

Unlike comments made here, if the settlement payment was made to cover all losses from personal injury, then the employer is perfectly entitled to recover their costs.

Uther · 14 Jan 2020 at 20:29

She might have shot herself in the foot if the payment doesn't cover loss of earnings.

muon · 14 Jan 2020 at 20:29

Uther said:
She might have shot herself in the foot if the payment doesn't cover loss of earnings.

Problem is I bet it does, the insurance company probably covered themselves as otherwise you could claim again for further famages. They accepted a lowball offer.

Uther · 14 Jan 2020 at 20:48

muon said:
Problem is I bet it does, the insurance company probably covered themselves as otherwise you could claim again for further famages. They accepted a lowball offer.

Yes, my post was badly written, what I meant to say was if it was a full and final payment but she didn't account for loss of earnings (probably thinking she didn't really have any as the company had paid her...)

Resident · 14 Jan 2020 at 20:58

muon said:
Why was there no loss of earnings award?

Seems bizarre. There's no such thing as only a personal injury award.

Was this done via a lawyer or just accepted a payout from the insurance company?

The payout should say what it is for. If general damages then it is simply compensation.

If it does not then it could be argued it is a payment for everything. In fact I bet that is what the settlement says.

Unlike comments made here, if the settlement payment was made to cover all losses from personal injury, then the employer is perfectly entitled to recover their costs.

AFAIK it was all insurance based and the settlement letter stated "Personal Injury Settlement". She got about 6k from it tbf.

muon · 14 Jan 2020 at 21:07

Resident said:
AFAIK it was all insurance based and the settlement letter stated "Personal Injury Settlement". She got about 6k from it tbf.

I'm afraid if it is a settlement proposed by the insurance company, then it covers all damages, including loss of earnings. They would have to be massively incompetent not to include it in the settlement. It is in their interest to remove any further liability.

I'd read the settlement very carefully. See if it says anything like "all losses" or even "special damages".

If she had a lawyer involved, which sounds likely, then I'd ask them to clarify.

LewisRaz · 14 Jan 2020 at 21:17

I am currently going through a claim for whiplash that is almost concluded but many times before the offer was made to the other party I was told I must make sure that I had no other loss of earnings as once the offer is made they cannot add any more. This included checking with my employer for possibilities like OP describes!
That being said if my company had just carried on paying me and had not given any advance warning at all that it would have to be paid back from the claim I would be extremely hesitant to give it back!

I would think she needs to read her contract and see if there is anything about this written in there.

If not and there is no proof they agreed to pay her with the intention of her paying it back after the claim then I dont see how they can expect it back!

muon · 14 Jan 2020 at 21:22

@LewisRaz

Good point. It also depends on your contract if you have a duty to recover company sick pay.

Van_Dammesque · 14 Jan 2020 at 21:27

"Only a personal injury award", surely this is apt for her.
Does the company not have separate insurance of the vehicle and potential loss of the said employee if they are injured?

What is in the contract? Is it a service hired for her or her & vehicle contract?

Resident · 15 Jan 2020 at 01:07

Van_Dammesque said:
"Only a personal injury award", surely this is apt for her.
Does the company not have separate insurance of the vehicle and potential loss of the said employee if they are injured?

What is in the contract? Is it a service hired for her or her & vehicle contract?

Company has it's own insurance for the vehicle & was repaired in-house

omnomnom · 15 Jan 2020 at 06:23

The company is absolutely entitled to ask for it back. It will include loss of earnings.