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Should Employer Pay for Ongoing Treatment for Injury?

By: Kevin Watson MSc - Updated: 6 Mar 2016 | comments*Discuss
 
Employer Injury Physiotherapy Sickness

Q.

After returning to work after a major injury at work, does my employer have to pay me when I attend physiotherapy twice a week or can they deduct my wages?

(G.C, 11 February 2009)

A.

Legal Right

The first point to make is that you have no legal right to attend your physiotherapy appointments and receive your pay. This applies even though the accident that led to your injury occurred at work.

Your employer could therefore deduct from your wages the time you spend not working. Alternatively, your employer could ask you to make up the time.

Discretion

In reality, your employer may not take either course of action. He or she may feel a certain responsibility towards you, particularly as the injury occurred at work.

This, however, is at the discretion of the employer.

Sickness Absence Policy

There may be a reference to such discretion in your employer’s Sickness Absence policy. Ask your employer whether there is such a policy; if so, read it as soon as possible.

A typical sickness absence policy will say that employees can take medical appointments if the manager agrees. This gives an employer the chance to ensure an employee isn’t taking advantage of paid time off.

The Best Approach

Whether your employer has a sickness absence policy or not, consider taking the following action. It will increase your chances of receiving paid time off.

Show your employer a letter from your GP or the hospital that confirms your need for physiotherapy. Also show any record card or letter that has the times and dates of your appointments. Ensure your employer takes a copy of these documents.

Arrange your medical appointments at the beginning or end of the day. Ideally, if you work close at hand to the physiotherapy clinic, make lunchtime appointments.

You won’t always get the appointment times that you want. Nonetheless, you can tell your employer what you’re attempting to do so. Hopefully, he or she will appreciate that you’re trying to reduce the time you spend away from work.

Finally, arrange to keep your employer informed of the progress with your physiotherapy. Once again, by involving your employer, you show your commitment to work.

Disability Discrimination Act

Please note that if you’re disabled, the Disability Discrimination Act 1995 applies.

The Act doesn’t give you a legal right to take time off to attend medical appointments; however, it does oblige an employer to ensure your Disability doesn’t put you at a disadvantage.

A lot depends on your circumstances, but you may be able to argue that you need paid time off to attend medical appointments because they relate to your disability.

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Hello I need help I had an accident at work last year (September).I work for a tarmac firm and we use big heavy had rollers that have breakers.I was moving the roller wards the van and was going to get sumone to help left it on cause it didn't have a jockey wheelbut before I could do anything the breaker box on the trailer rolled and crushed my left foot.I got 3 fractures and pulled muscles and tendons in my foot.I got my sick pay but my boss gave me a loan to leave on I am paying it back and went to work eary again but I dont think the loan was the rigt way to go I looket in my contract and all it has is about the sick pay I have put in a cliam but are having second thoughts do you think the loan was the right way to go to help me pay the bill's when I was off cause it's not helping now.
Eddie - 6-Mar-16 @ 1:34 PM
have worked for a company for 14 years ,7as a manager, working a late shift 3 to 0030 it then changed to 3 to 2300 when new gm took over to be same as others working 8 hr shift, now gm wants to make us to work double days, this is not in our contract and would place a number of people in financial issues, and child care issues, what protection due we have, as been told they are going to force change through, they only want to change managers to double days not warehouse colleagues. in other warehouse for this company both managers and warehouse colleagues work double days.
blodwyn - 18-Nov-15 @ 8:27 PM
@NannyV. No, she's either employed or not.the probationary period is irrelevant. If she is an employee she will have all the usual employee rights in terms of sick pay etc.
SafeWorkers - 17-Jul-15 @ 2:23 PM
My friend has been taken on as a nanny working 24/7 for some very rich people who live in London but travel a lot. They have said that during her 3 month probationary period her terms will be as self-employed (is this legal?).During her most recent period of work (14 continuous days of 24/7) she slipped and fell on a wet (flooded) kitchen floor.No warning sign.She has a broken collar bone and humerus. She was only able to complete 9 of the 14 days. She has been working for them since end of May.Does she have any entitlements?
NannyV - 15-Jul-15 @ 6:32 AM
I tore the cartilage in my right knee, but it went un discovered for almost three and a half years. The company don't want to help and nor does the pivate health care. We have people doing the hours I'd like part as a part time plus overtime . They are taking on responsibility for the other two accidents based on the first not being reported. Can't be right
copper67 - 9-Jul-15 @ 7:02 AM
@steve. Are there other jobs you can do? Was the lasting impact of the injury considered at the time of the claim? What does your solicitor advise?
SafeWorkers - 6-Jul-15 @ 12:24 PM
i got injured at work in june 2012 , but because of the area that got injured in (the legs )its been a nightmare from the start to get the area to heal properly , and when it eventually did heal up visually the problems began with ulcers , swellings unable to wear a simple things like socks as they sink into lower leg and its kind of painful . i did put a claim eventually as i did try and carry on with after the accident but in the end i had to stop but right too this day my legs are still affected 02/07/2015the claim was found in my favour as the Company admitted liability but what was actually received by the way of compensation bares no relation as too whats its actually cost me long term , as i find while and try the workplace again they wont touch me with a bargepole as if i have some incurable disease , its gets very frustrating day in day out , some advice would beneficial here if possible
steve - 2-Jul-15 @ 9:52 AM
@planet. If the terms of your contract have been breached you should follow the steps listed under Breaches of Contract in this article
SafeWorkers - 14-Apr-15 @ 10:08 AM
My employer hired her friend who wanted my 3- 12 hr nite shifts, can she force me to change to days on 5- 8 hr shifts when my job offer letter states I was hired for third shift nights?
planet - 11-Apr-15 @ 7:34 AM
I am attending college twice a week and worked shifts three other days of the week to accommodate this. My job has decided to change all our shifts and now has me scheduled to work on those days which I have classes and was not working before. They have told me if I do not comply with this new schedule, it would be grounds for termination. Is this even legal????
LLT - 28-Sep-14 @ 8:01 PM
I am on 'casual hours' at work, this is me choosing my hours not them calling me in. I have a swollen hand and forearm from excessive work in the spa i.e. massage. I then started to get pins and needles and my hand went numb. I had mentioned this to my manager and she said she would look at my days in advance and help to support me. I go in the next day she has not moved anything (treatments that mean physcial strain) i have to remind her and this time she makes out we had discussed this at that i could do the treatments, otherwise i need to look at cutting my days. So instead of putting me on light duties, which she has done for others before shes sending me home, going back on what she said, un-paid hours of an injury that is caused by work. Is this right? If my doctor says to have light duties from an injury caused by work should i really be having my day cut?
jade - 1-May-13 @ 8:19 AM
I was sexually abused by my ex partner & im having to go to court.My manager knows about this and wants acopy of the letter from nr lawyer,which clearly states that it is for sexual assault.She wants a photocopy of this for her file.Does she have the right to copy this?
macarenna - 9-Sep-12 @ 10:28 PM
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