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View Full Version : Due to a workplace accident, can employer use up my sick pay to cover week off work



jenita.richardson
03-08-2014, 02:41 AM
I injured at work and required to require a week off. My employer used all my sick pay to pay me. Just tell me is this legal if I took the time off due to a workplace accident?

LindaKay
03-10-2014, 05:54 PM
I would think that that should be paid with worker's compensation. I would definitely talk to a lawyer about it.

fredkawig
03-11-2014, 01:24 AM
A sick pay is I guess different from that of an accident. In our country accidents are usually covered by insurance which is supposed to be handled by your employer. If you don't have insurance, you should really file a suit and consult a good lawyer.

Lostvalleyguy
03-11-2014, 07:54 PM
Contact whichever agency is in charge of worker's compensation - if you were injured at work, they should have a file on it. If they don't have a file, your employer is probably trying to sweep this under the rug and avoid an inspection. If money has been paid out then your employer has pocketed it at the expense of your sick time. Rules vary from location to location but I cant see a way for the employer to do this provided that you were injured at work. You may end up needing a lawyer, but at least workers compensation is a quick phone call and won't cost anything.

autograph
03-12-2014, 09:24 AM
Before you do anything, please review the copy of your work contract. It should be clearly stated there on what actions to be taken in case you got injured in the workplace. If the terms are violated, you should raise your concern to the HR and try to work it out without causing much scenes. Seek legal actions only if everything else has failed, ensure that you have another job ready for you before doing this though.

mikelouis
03-12-2014, 10:12 AM
I am not sure your insurer will allow it unless the worker was listed to be under the cover. You need to contact the insurer before doing anything. Sometimes there are severe penalties of breaching the contracts.

Eagles910
03-12-2014, 10:13 AM
I agree. Those were not sick days. It was an injury. That is definitely illegal. If you can prove this. You will have a pretty good case.

george.shepard
03-18-2014, 05:26 AM
Yes, you’re sick leave may be used to cover time you have been off work due to a workplace accident, if you are off for a week or less.

If you have been in your job for more than 6 months, you have a legal entitlement to a minimum 5 days of sick leave. This will be used if you are sick or injured.

george.shepard
03-19-2014, 04:54 AM
Yes, you’re sick leave may be used to cover time you have been off work due to a workplace accident, if you are off for a week or less. If you have been in your job for more than 6 months, you have a legal entitlement to a minimum 5 days of sick leave. This will be used if you are sick or injured.

SmartPea85
03-20-2014, 01:47 PM
I'm sure there are a lot of factors here. Depending on your country, your job and the type of injury, worker's comp may or may not pay for you to take time off from work. Some places the worker's compensation will pay for you to go to the doctor/hospital to be treated, but not time away from work. Other companies do it differently. I once got a bruise at work and I was advised to go to the walk-in clinic and fill out a worker's comp report (!?) while at my old job a girl fell off a ladder and she did not get paid time off from work. I agree with the people who say look back at your contract, or contact someone who is in charge of your job's insurance or worker's compensation.

allanreich
10-07-2014, 04:40 AM
This is completely illegal. You met with an accident at work, so it should be paid from worker's compensation, not from your sick pay. You should hire an attorney and file a case against your employer.

SeanCole
11-01-2014, 03:18 AM
In many companies sick leave is given to the employees if they are unfit. This leaves are sick pay only to cover the week of work that an employee is taken due to the accident. Here if the accident is in workplace only then the company must have to give the leave compensation and sick pay to employee.