George asks…
If I had an accident in my car running and errand at a previous employer am I suppose to receive compensation?
I didnt have insurance at the time. I reported it but they just asked me if I was fine and didnt say anything else. I was 18 and didnt say anything because I didnt have insurance and thought they would fire me. I dont work their anymore its been about 2-3 years.
admin answers:
You were probably eligible for workers compensation if you were injured. It is almost certainly too late to claim now.
If the employer knew that you had no insurance, he is probably guilty of a crime, and quite probably liable to any person you injured, or whose property you damaged.
The employer’s insurance policy might have covered you depending on its terms; but as the insurance company seems not to have been notified they certainly are not required to consider a claim now. If the employer had such insurance and failed to claim on it then perhaps you have some sort of right against him on the basis that the benefit of that policy was an implied term of your conditions of employment.
If you had no insurance at all (no liability insurance) in violation of state law and your employer knew that, or if he recklessly diregarded the fact that you might have had no insurance (in other words he didn’t ask you) then he could likewise have been liable for damages from the accident. But that probably wouldn’t help you. And the cost of litigation could well exceed whatever you might hope to get anyway.
One more reason why employers, however small the business, should have written policies regarding the use of privately-owned vehicles by their employees.
Susan asks…
Compensation payment error?
Hi,I received a cheque from my solicitor for compensation after an accident at work.The case was closed but today I have received a further cheque through the post off the insurance company for a substantial amount.it is addressed to me and the cheque is in my name.I think that some sort of error has been made.Morally I know that it would be wrong to cash this cheque.where would I stand legally if they had made a mistake and did not realise?what would you recommend I do?
admin answers:
Contact your insurance Company and explain that you have received a second check. They will tell you what to do. Dont spend it .
Michael asks…
If you have to give up work due to injury do you get compensation?
I haven’t injured myself at work…it was a complete accident but I do an active job and the doc has said I might not be able to go back to that role.
I’m a teacher…I know if you die in service youu get money but if you can’t go back do you?
admin answers:
As far as I know, there is no compensation available from the employer unless you were injured as a result of your work, or in the workplace. The only other possibility is whether you have insurance of your own that you can claim from.
Don’t assume straight away that you won’t be able to go back to work. As you recover, you may find that you can continue in a teaching role, with some adjustments to your job or work environment if needed. Keep in touch with your employer to discuss your progress of recovery, possible return to work scenarios and whether there may be a useful role for you given your skills and experience.
In any case, you will want to consider your career options as you recover, so that if you can’t return to your previous role, you can still use and build on the skills, knowledge and experience so far.
Powered by Yahoo! Answers
Subscribe to RSS
{ 1 trackback }