Question:
my niece is a bus driver but her work wont pay sick pay as the contract she is on . would she have a case for claimin compensation as she is is signed off work for a bad back . a car shot out in front of the bus and she had to do an emergancy stop and her back went . but the other driver in the car didnt stop and she didnt get the number plate lucky there was no passengers on board
Answers:
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If she was on a temporary contract she is not entitled to sick pay. However maybe the insurance her work had for her to drive might pay for some sick pay?
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Apart from that, I think there is criminal injuries compensation possibly.
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Sorry but without the proof there is no grounds for a claim. The only way she could claim is with witnesses and a complaint lodged at the time of the incident. xxxxshe needs a lawyer an try to find a wittness to the accident.
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Without a witness it would be hard to prove, unfortunately people try an claim for industrial or work accidents all the time, an when a real case comes a long it gets dissmissed as a try on.Best bet is to check citizens advice.
Yeah check citizens advice, companies are not required to pay sick pay unless it is sickness through a work related accident and as you niece doesnt have much proof or evidence its unlikely she would get anything.
She should maybe join a union as she would have more help in the future!
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that si a worker's comp issue, but if she didn't report asap, they also have an argument against. so try it anyway.If she's in the UK she should get Statutory Sick Pay from the Government but anything on top of that would depend on the terms of her Contract of Employment.
Is she a Trade Union member, or can she access some legal advice? Either way it will be difficult to prove that her injury happened as she's described it in view of the lack of evidence.
Who could she claim against ?
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I am sorry to say this, but if i was your nieces employer i would be very suspicious that she is trying a fast one on me. My reasons for saying so are, !/ Car shot out in front of her causing her to do an emergency stop which she says she injured her back. Now you usually dont injure your back doing the emergency stop, its mostly if you are hit hard from behind and its usually whiplash to neck, if she was in a car and a truck smacked her up the rear end or a fast car then i would say yes to having a possible back injury, but driving a bus, which I use to do, i am sorry to say I dont think so, as she did the same manovuer over and over again doing the car and psv lessons and tests.how many car rashes are there in the united states in the last 5 years, how many have been fatal?
2/ I feel that if her back is injured as she says then I feel that she did it somewhere else or she is lying, as back injuries are the most common excuse for compensation, and these scroungers that have dam all wrong with them claim and somehow manage to get the DLA..
3/ Ok she didnt get the cars number, that does happen a lot.
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4/ Having no passengers on board her bus was quite conveniant, no witnesses to an injury that possibly didnt happen on the bus as said.
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If this is a true story and your niece is telling the truth then please accept my sincere apologees, but i am sorry as this seems too conveniant to have happened.
I am an ex ambulanceman from the Scottish Ambulance Service, and I use to also drive all types of buses and articulated trucks until I suffered my first stroke.
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There are two elements to this sick pay and an injury claim.In the UK all workers are entitled to Statuary Sick pay check that she is getting this from her employer, she may be entitled to other benefits depending on circumstance.
As for the claim unlass she can prove that her injuries are compatable with the incident discribed then given the lack of evidence then she is unlikely to be able to make a sucessful claim
So she needs to spesk toher employer re SSP her doctor re her injuries and find a witness
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i think it was unlucky there was no passengers she has no witness so her chance of comp is a big NIL and i'm not fully convinced this did actually happen so go see a physio niece and i would let it stop at thatMore Questions & Answers ...
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