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Booked of due to accident

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sukkie | 20:29 Sun 01st Mar 2009 | Jobs & Education
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If you have worked for 1 month with somebody and an accident at work caused you to break an arm and tear cartilage in a leg and you were booked of for a month is there a chance that the boss can fire you due to incapacity?
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If you've only worked there for one month, normally the boss can dismiss you for no reason given, (provided he gives you notice).
However yours is a different situation - you have been injured at work. Much depends on the circumstances as to what extent you were injured due to your own actions - however employeers have a duty of care, and this didn't happen in your case.
If you feel that the accident was largely due to the employer failing in its duty of car, you are in a stronger position than, say, if you broke your arm playing football on Saturday with your mates.
Are you being paid sickness benefit?
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Being paid in full at present
That's good.
If I was the employer and I thought that it is probably my fault, I'd be very careful with your situation.
Much is going to depend on how long it is going to take for you to get better and that there is no long-term issues.
Provided you are going to get better in say two months maximum, I think I'd sit it out as the employer - that way they are in control of the situation and can ask you to attend medicals at company expense.
If you have any sniff that you may not be able to effect a full medical recovery, or that you might be pushed out of the job, suggest you seek advice from CAB.
These sort of cases where the employer is found to be liable fork out compensation for the employee.

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