accident at work...

[jooboo]

I was involved in a hit and run car accident last friday, (I was parked and about to get out of car when a speeding motorist hit my car door knocking car sidewards and writing car off). I have been off sick since then (7 days incl accident day & weekend) with whiplash diagnosed by hospital. As I work for an agency and am a contractor I have been told by company I was doing work for I will not be paid. I thought the insurance would cover this and accidents at work have to be paid out for wages, etc. Who is correct? Can they do this? Thanks..

[bednobs]

I would imagine they are expecting the third party's insurance to pay for this, not them. Did it go in the accident book? were you on actual business for the company, or just driving to work or a work place?

[CheekyChops]

Were you parked on a piublic car park, on a private car park, at the side of the road? As you mention a speeding motorist I will assume you were parked on the road. In which case I can't see how your employer can have any liability, it isn't an accident at work if you weren't actually at work at the time.

Please correct me if the facts of the accident are different.

[bednobs]

unless company sick pay is specifically written into your terms and conditions, you dont get it. - this is part of the reason companies employ contractors rather than salaried staff. You will probably get statutory sick pay. If the accident was in any way your employers fault (sounds unlikely from what you are saying) they will probably settle with you at a later date

[Twenty20]

Isn't this something you should claim off your own insurance, I assume you didn't get the other driver's details? What's your employer (the Agency) got to do with it?

[Whoever]

I assume you have told the police as it's an offence for somebody to be involved in a hit and run without stopping and giving their details. This suggests that possibly the driver was uninsured but were there any CCTV cameras nearby which could have picked up the car registration number? It would be down to the police to check this. Whether you are entitled to sick pay or not will depend on the terms and condition of the agency with whom you are contracted. In such cases sick pay is not normal as most individuals would be expected to take out some kind of insurance cover to protect themselves.

[angeldraws]

I thnink in this instance you would be expected to claim statutory sick pay from DSS - which is usual for people who dont get paid sick pay thru their employer...or if you are on a 'probationery' period before sick pay kicks in....

[angeldraws]

..Also, just as an aside to this - you will be expected to 'prove' that you could not get in to claim it before now....i.e. you could say you were injured and you can give the name of the doctor that diagnosed whiplash, and the hospital you attended, any medication prescribed - basically, they will want to know the ins and outs of a cats a$$!!!!! Good luck

[susanlappin31]

i assumed that you were not at your office parking lot because as you stated, you were being by a speeding motorist meaning you are parked beside the road...accident at work claim is not possible but you can try your insurance about your case...