Broken finger at work

[bpoolmecca]

my girlfriend slipped at work and broke her finger in two places.The thing is she works for me!!I think she should claim on a no win no fee basis,but my other two family directors think that ,that will be detrimental to the business and push up insurance costs.Please the girlfriend or keep the family happy?

[B00]

I don't understand wh you, or even her think she should put a claim in?

Surely in a family run company, of which shes a part of, she wouldn't want to do this- am I missing something?

[bpoolmecca]

Thats what the other directors say but as she is an employee and treated as such you can rest assured if any other staff member did that claims direct would be on the phone sharpish!

[B00]

Yeah, but she's got an interest in the company - you. Surely she wouldn't want to do anything that'll cause a kerfuffle at the very least will she?

[boxtops]

Firstly, did she record the accident in your accident book at work (as you are required to record any accidents or near-misses)? Secondly, was the company negligent, did she slip of spillage, or fall over soemthing that shouldn't be there? This is exactly what you pay your employer's liability insurance for, and if the organisation was negligent then she is entirely entitled to make a claim against the company. I used to work in liability insurance and I can't say after all these years whether it would make a difference to future premiums, but your girlfriend would have to prove negligence in order for the claim to succeed. You must record the accident (it's an obligation under the Health & Safety at Work Act). It's not a question of keeping one side or the other happy, it's a case of legal liability. If she makes a claim she must write a letter and you pass it to your insurance company, they handle it. You can't ignore it if she wants to pursue it, but a pay-out is by no means guaranteed at this stage. Just make sure it's fully documented, just in case.

[bpoolmecca]

Boo family are hard enough to please without working with them .i just think you cant move the goalposts because it suits the firm.
Yes it was our fault the problem had been noted but not acted upon

[B00]

I know she's probably more than perfectly entitled to put a claim in, and under normal circumstances i'd be saying "sure, why not give it a go, no harm trying etc", but when it's against the company your boyfriend owns, the area gets a bit grey!

Surely it'd cause awkwardness at family gatherings which she's invited to? Won't the rest of the family be thinking "ahhh, ther'es the gal that's cost our family company X amount of money"?

With that in mind, why would she even want to do this?

[boxtops]

In which case you don't have much of a leg to stand on if she makes a claim - but the claim is against your insurance company, your family need to understand that it's not a personal matter. Negligence can be proven if you knew about some fault or omission but did nothing to rectify it, and this caused your girlfriend's accident - particularly if it's been rectified since the accident. I think your family need to realise that as an employee, your GF is entitled to claim - whether it succeeds is another matter, but a fault which was left unfixed and caused an accident is likely to be considered as negligence. You say yourself you knew - that's an admission of liability. It's what you pay your EL insurance premiums for.

[boxtops]

B00, it's not grey at all, it's a liability insurance matter. Doesn't matter if it was the girlfriend or the window cleaner, you can't have one rule for one employee and other one for a family member.

[bpoolmecca]

We have two different view points here.I think she should claim as boxtops says after all a thousand or two is not to sniffed, you would think they would perhaps say we will give her a sum to compensate but that wont even cross their mind .As for family gatherings the last time was at mums funeral 6 years ago!!

[boxtops]

bpool - the insurance company will decide on the settlement, they have a scale of compensation according to what the injury was, whether she's lost pay because she couldn't work - etc. Paying someone off because they had an accident at work will do your company no favours in the law - your GF has three years to claim, three years from either the date of the accident or the date she realised the extent of her injuries. If she's going to do it, the best thing she can do is go to a solicitor who understands liability claims who will argue her case with the insurance company - she doesn't then have to confront other family members about it, it's a formal and legal claim of negligence. It's not about the money (although that would be nice) - the company's caused the accident by not rectifying the fault. If she knew about the fault then that might be taken into account, but it's still negligence. I still say make sure that it's in your accident book, HSE can come knocking at any time and ask to see your records (whether or not your GF makes a claim).

[B00]

That's where we're going to have to agree to disagree then boxtops, as I think you should have one rule for an employee and another for a family member, it's kinda like biting the hand that feeds you in my eyes- sorry.

But that's just me looking at it from a moral kind of ground, as i know squat about the legal aspect of it, i'll leave it for the experts and wish you luck, whatever you and your girlfriend decide to do bpoolmecca.

[boxtops]

I know what you are saying B00 and I understand your viewpoint, but if the girlfriend is on the payroll and the company were negligent in letting the accident happen, then she's entitled to make a claim. She's an employee.

[Eve]

Out of interest, what's your girlfriend's view on things?

How inconvenienced has she been in addition to the injury itself?

[bpoolmecca]

Yes its a thorny issue still not sure which way to go.I dont think there is anything to lose but as you two have pointed out we will have to agree to disagree

[bpoolmecca]

Jenna she is 50/50. family/employee but she has been treated as an employee by them for the twenty years she has worked for us. Inconvienced i have had to wash up!!

[boxtops]

BP - it's not a question really of which way to go. On the assumption that you have Employers Liability Insurance - which is a legal obligation if you employ staff - then it's your GF's decision, not yours. She's had an accident, she claims, you don't have much say in whether or not she should, she's within her rights to give it a go. It may or may not succeed but she's entitled to put in a claim.

[society]

In this situation treat you girlfriend firstly as an employee, then as your girlfriend.

[bpoolmecca]

We will see, she is quite a determined person and will probably do what she thihks is right,just hope my bro pays her a full weeks wages !!!

[BertiWooster]

How solid is the relationship .

She will probably just split up with you and bang a claim in .
You had better treat her to some thing nice - sharpish

[woolleysheep]

she is an employee at work same as anyone else and your girlfriend outside work