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Compensations for injuries?


My hubby had a road traffic accident while driving a van for work in work time.(3 DAYS AGO) no other vehicle was involved as it was due to the severe weather ( WINDS) .He has suffered broken leg ,whiplash,cuts to hands and bruising and shock as he fell and rolled into a ditch. We are very worried about pay etc becuase we have 3 children and dont know what we are going to do to pay everyday bills .We would like some advice please. I feel he shouldnt have been out driving that day because of the severe weather warnings given the night before . We are going in to see his employer tommorow and not sure what to expect .He works for a major company not only in the uk but worldwide .

On the day of the accident his manager was away on holiday so no other person in the warehouse with authority at managers level was present my hubby did not want to say no to taking the van out in case he got told off/or worse for not following his duties .Also his job contract is not for him to be the driver for the firm but to be stock/warehouse assistant but as someone is longterm sick and my hubby has full clean driving licence he is often called upon to drive.

legally as far as i know the employer has a duty of care to its employees. and it sounds like they failed in that duty of care if they sent him out in high winds.
so talk to the employer first as you say you are about to. tell them as the accident was not his fault but theirs for sending him out in what turned out to be a vehicle unsuitable for the road conditions, they are responsible for the accident.
you need to make it clear but not threatening that he needs to be off work on full pay untillhe is fit enough to return to work.
if they refuse to pay out then you make it clear but polite that you do not want to take them to court but the refusal to pay means that you sadly need to take them to court.
unless the boss is a real hard nosed b*****d then he may back down and pay you as normal as loing as your hubby promises to return to work as soon as he is able to do so, even if he has to take an office (desk job) until fit to drive for example.
an employer will be more agreeable to this than being taken to court over the issue as it will cost them less.
you may like to try and push the issue and ask for money to cover specialist medical care while he recovers if he actually need physio therapy for example.
however i'm no expert, just someone who read up on this kind of thing several years ago. however seek professional legal advice.
phone a solicitor/ lawyer in your area. tell them the details and ask them for professional advice.
however i think you will find i'm right. if not tell me where i went wrong.

Get in contact with your national Health and Safety organisation asap, he has a claim. Search IOSH also IQPC

The advice offered below by Thebestna... is pretty much right, also as your husband is not employed to perform those duties there is defiantly an onus on the employer or his delegated representative (person who acts on the employers behalf).
Employer means company, director(s), supervisory staff and management. He is going to require possible physio for the whiplash and leg.

In the US, we have workers compensation insurance. The employer pays the premiums and it pays for any job-related injuries including lost wages. In addition, if there are any permanent injuries, a separate settlement is also awarded. Not sure if you have anything like that in the UK, but hope it helps. Good Luck!

I would think so....consult a solicitor. Employers have a duty of care to their employees. Employees also have a duty of care to themselves. However, if they fully expected him to drive in that weather there is a chance they will take some blame.

However, this is a tricky one because courts would calculate the likelihood of your employers knowing there was a very good chance your husband would have an accident...It's probable that his employers would have thought the risk would be fairly small.

It's possible he may be able to claim compensation against the insurance company...though some say Act of God etc.

This is tricky but certainly worth consulting a law firm who will be better able to advise you.

Hope your husband gets well soon.

i have been told if you have a work injury, you should get sick pay or full pay from the day it happend, so good luck in getting better

Is your husband a member of a union, if so contact them as they usually will put you in touch with a solicitor for free advice.
Also if you are looking for compensation check with the union if they will take this up for you,few years a go my union did this for me,they covered legal fees and medical examinations etc because it happened on the way home from work (they would have covered me if i was still at work as well).You could also try the citizens advice

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