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Sick pay following injury at work?

Discussion in 'Pay and conditions' started by emarsh1, May 4, 2012.

  1. I'm on long term sick leave as a result of work-related stress and depression and am nearing the end of my 100 days full pay entitlement. I have seen in the STPCD that if you are absent following an 'industrial injury' you are entitled to 6 calendar months full pay before your 100 days full and 100 days half pay entitlement begins. Some of the unions state that psychological injuries fall under this entitlement.
    Does anyone have any experience of this? Should this have been determined at the beginning of my sick leave or can I pursue this now? How can this be proven - will a letter from my doctor be enough to confirm that my current ill health is as a direct result of my work situation?

    Any comments, experiences or advice would be very welcome.

    Thank you!
     
  2. I'm on long term sick leave as a result of work-related stress and depression and am nearing the end of my 100 days full pay entitlement. I have seen in the STPCD that if you are absent following an 'industrial injury' you are entitled to 6 calendar months full pay before your 100 days full and 100 days half pay entitlement begins. Some of the unions state that psychological injuries fall under this entitlement.
    Does anyone have any experience of this? Should this have been determined at the beginning of my sick leave or can I pursue this now? How can this be proven - will a letter from my doctor be enough to confirm that my current ill health is as a direct result of my work situation?

    Any comments, experiences or advice would be very welcome.

    Thank you!
     
  3. Torey

    Torey Occasional commenter

    I should imagine they would fight very hard to prove this was not the case as they would be admitting liability. A doctor's note would not be enough. Gardeningleaves would be the best person to ask.
     
  4. This is a really complex area. I believe that under the Government's definition (for state benefit purposes) 'stress' alone does not count as an industrial injury, but 'clinical depression' does. As the previous poster said, proving your working conditions have directly led to your condition, and that the management within the school were negligent in failing to forsee the risk to your health, will be very difficult, and they will naturally try to deny your claim.
    Have you any evidence that your current state of health could, and should, have been forseen by the school, and steps taken to alleviate the situation? What are the working conditions that you believe caused your condition to occur?
    Are you hoping to go back to work at the same school? If so, they have a duty to phase your return appropriately, and put a risk assessment in place to ensure your working conditions do not exacerbate your difficulties.
     
  5. Gardening Leaves

    Gardening Leaves New commenter

    I have an industrial injury disablement declaration for a psychological injury, with bullying as the stated cause of the injury. It is difficult to achieve but possible. Essentially you will not get it if your injury is the consequence of normal process. You have to be able to demonstrate that the event or events were out of the ordinary. even if you are successful the process takes forever. I applied 4 years ago, got the declaration 18 months ago and they still haven't got round to assessing the level of disability property yet.
     
  6. Gardening Leaves

    Gardening Leaves New commenter

    IIDB is a no blame benefit Torey.
     
  7. Thanks for the information on the benefits, but I was thinking more of the school's responsibility to give me full pay for 6 months fi I am absent with an 'industrial injury', like discussed in the link:

    http://www.suffolknut.org.uk/Injuries.htm

    Many thanks
     
  8. Torey

    Torey Occasional commenter

    If work is making you so ill do you not think an exit strategy would be better? I honestly think that you will end up on capability proceedings due to ill health if you try this.
     
  9. Torey

    Torey Occasional commenter

    I think from reading it that you should have evidence such as reporting each in incident on the appropriate form or go through the harassment policy.
     
  10. Gardening Leaves

    Gardening Leaves New commenter

    Thanks for the link. Isn't that guidance very out of date? It still refers to the 'DSS'. The department has been the DWP for at least 10 years. I am happy to be corrected if I am wrong but I am under the impression there has to be a Declaration for something to be deemed an industrial injury now. You have to apply through the DWP and must first notify the school of the date of the event or accident that caused the injury, either on the official form for reporting accidents or in a letter.
     
  11. Torey,
    I agree that the best thing would be to get out and not look back, but the idea of starting a new job is more than I can take at the moment, so financially sick pay is my best option. I also feel like the school should finance my recovery if it is deemed they are responsible.

    Gardening Leave,
    I know the info is old, but it was the best thing I could find at the time! If I am applying for an industrial injury declaration how do I identify a specific date when my ill health is a result of numerous incidents and failings on the part of my school?
    Many thanks,
     
  12. Gardening Leaves

    Gardening Leaves New commenter

    If that is the case, the guidance differentiates. If your illness is part of an ongoing process, it is not deemed an industrial injury. There has to have been a specific event or events that were not part of the normal process of the school for it to succeed as an industrial injury. Ongoing illness does not qualify.

    Read the guidance yourself at www.direct.gov.uk
    I agree with Torey that the best thing is to work with your union to negotiate a way out so that you can put this behind you and move on.
     
  13. Torey

    Torey Occasional commenter

    I think that the longer you stay out of work the harder it will be to return. I understand how you feel. I'm just aware that you are coming to a point where HR will become involved and that could make how you feel even worse. I hope it works out for you.
     

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