Battered at work don't get paid....

I got a fire extinguisher whacked across my side resulting in two broken ribs (it hurts to breath) and I have to have some time off work because I just can not do the job at the moment so I asked If I will be paid seeing the incident happened at work...nope I have been told I have to take the service user who hit me to court to sue. (checked my contract and my boss is right).
So I checked up on this and even If I win the service user doesn't have to pay a penny because he has not got the capacity to understand what he has done.
So maybe two weeks off work without pay but statutory sick pay....
So again my job will cause me to get deeper in debt just to get by.
I love my job but times like this I think I should just go and stack shelves because I wouldn't get the stress and the pay would be better.....
Rant over gonna show you all some pics of Jake the Cat in my next thread.

It shouldn't be a straight forward no you won't get paid.

Did it happen on the premises or were you visiting a service user? If it happened on the premises, then a risk assessment relating to any interaction with a service user should have been in place. And that should have included the possibility of someone using the fire extinguisher as a weapon.

I would seek legal advice on this one, as it appears your company have not done everything they should have done to protect their staff from injury.

Just my thoughts.

a reply to: boymonkey74

If you were in the US you would get workman's comp until you go back.
Any time you get injured on the job here they have to pay it.

That is a bummer!

I hope you heal fast and can get back to work!

WHATT!!????

Do you all not have OSHA (occupational health and safety administration, which I guess you'd call ministry) protection?

A work injury is a work injury. If that happened here, you would absolutely be covered by Workmen's Comp.
That is ridiculous for them to leave it on you.

a reply to: boymonkey74

What type of work do you exactly do?

a reply to: Cobaltic1978

All in his care plan and risk assessed.
We are supposed to vacate everyone and lock him in and call the police but a colleague was sort of trapped/froze and I went in to get her and got a whack on the way out.
We often get injured but as you know LD is challenging and we have to give these dudes as much freedom as possible.
We do great work we take the guys who no one wants because they are so challenging and the guy in question used to have 6 or 7 major incidents a week and we have got it down to only maybe one a month.
It was just a major blip on his part and with his autism he can just see red and go mental because he can not release the stress he builds up like we do.
I think I will see my solicitor and have a chat but to be honest I don't want to get fired or out If I sue my company.

a reply to: Darkblade71

I get statutory sick pay which is 88 quid a week.

a reply to: boymonkey74

It is a difficult one, but they should have Employer's liability insurance, so making a claim against that should not effect your employment. However, in my current job, I work with quite a few companies from small one man bands to big nationals, so I appreciate how they can behave towards employees at times.

a reply to: Darkblade71

How much is workmans comp btw?.

In the US workers comp is 60 % of one's regular wage. They also pay any medical costs, but that's about it.
a reply to: boymonkey74

a reply to: JohnthePhilistine

So my sick pay is about 30% of my normal pay.

a reply to: boymonkey74

Beaten with a fire extinguisher? Sounds like you made someone very angry? Now I wonder why?

Beating someone with a fire extinguisher is pretty specific.....?

I am glad this can not happen here at ATS... because if it did you would never get out of the hospital..... NOT that I am intending I would do anything like this.....I am totally against violence.

I just wonder about the other side of this story..........

a reply to: boymonkey74

the service user doesn't have to pay a penny because he has not got the capacity to understand what he has done.

It was just a major blip on his part and with his autism he can just see red and go mental because he can not release the stress he builds up like we do.

We do great work we take the guys who no one wants because they are so challenging and the guy in question used to have 6 or 7 major incidents a week and we have got it down to only maybe one a month.

a colleague was sort of trapped/froze and I went in to get her and got a whack on the way out.

a reply to: boymonkey74

In the US, the workers are protected, and when hurt on the job during the time youre clocked-in, youre covered against injuries. The employers doesnt pay, you and he already pay into it in and out of your check. Usually quite simple and quick.

My wife is a workers compensation claims adjuster...and there is a saying here in the US. "If you get hurt at work, get your workers comp. $$. And if youre hurt at home? DRIVE yourself to work and CLAIM it happened at work!"

Its really simple to claim for injuries while on the job. Sends you to a company doc, fills out a slip about what and how long and what restrictions you may or may not have because of it...and how long or if you are not gonna be working. And you can claim compensation for that, based on that.

a reply to: DeathSlayer

Dude I can't go into details but it is obvious you know nothing of what I do or the people I look after and help everyday.
Sometimes high on the autistic scale can not release stress like we do, they do not understand social happenings especially in their familys which we would shrug off and accept.
It does boil over often but we are trained to help the guys calm down and help them understand and cope with what they are feeling.
Some are massive dudes in their prime and an autistic dude can have superhuman strength and sometimes they need to release their stress and do hit out and kick off, we are trained to restrain them and 99% of the time it is successful but sometimes we get hurt.
His reason was nothing to do with the service or any of us support workers it was an outside influence we had no control over we attempting to calm him down using known methods but his stress was too much and he went ballistic. Mistakes were made I think as people did freeze for a split second but it happens we are only human.
The good thing was he is fine and has promised me a milkshake.
Oh and cool you think everyone on ATS wants to beat me up lol

a reply to: boymonkey74

Dude your story sucks of course, but on an important practical note, if you rent your home get an online claim in for Local Housing Allowance (old Housing Benefit) either tonight or tomorrow.
Claims are only payable from the first Monday after they receive it and backdating requests are frequently refused. It may only be a week or so of help with the rent but if you leave it until Tuesday they will only pay from the following Monday and you may well be back to work then and get nothing.
Check your local council website and if the accept online applications then do it before midnight Sunday.

...oh, and get well soon

originally posted by: boymonkey74
a reply to: DeathSlayer

Dude I can't go into details but it is obvious you know nothing of what I do or the people I look after and help everyday.
Sometimes high on the autistic scale can not release stress like we do, they do not understand social happenings especially in their familys which we would shrug off and accept.
It does boil over often but we are trained to help the guys calm down and help them understand and cope with what they are feeling.
Some are massive dudes in their prime and an autistic dude can have superhuman strength and sometimes they need to release their stress and do hit out and kick off, we are trained to restrain them and 99% of the time it is successful but sometimes we get hurt.
His reason was nothing to do with the service or any of us support workers it was an outside influence we had no control over we attempting to calm him down using known methods but his stress was too much and he went ballistic. Mistakes were made I think as people did freeze for a split second but it happens we are only human.
The good thing was he is fine and has promised me a milkshake.
Oh and cool you think everyone on ATS wants to beat me up lol

So I asked earlier what you do for a job and you are hesitant to say, why is that?

The response sounds like you work at a strip club, massage parlor, maybe a dancer or working at a brothel? Because what you said about your job has nothing to do with mental health or with medicine.

We are supposed to vacate everyone and lock him in and call the police but a colleague was sort of trapped/froze and I went in to get her and got a whack on the way out.

Lock him in?

I remember another ATS member saying he/she knew what you did for a living and you immediately became quiet as if you have something to hide? Or embarrassed about your line of work?

Why wont you just say what you do for work?

a reply to: grainofsand

I had to move back to my Mums to help out financially because she is poorly. Just another year and I can move back out .
Cheers for the advice though dude.

a reply to: DeathSlayer

Sorry man I thought it was common knowledge after my spiderman thread lol.
Support worker working with people with learning disabilities and challenging behavior. Thats my Job title.
Yes lock him in to protect other service users and us.
We are not trained to deal with people with weapons the police must be called. I cup maybe I would deal with a fire extinguisher wielded by an autistic dude who has lifted me up (13.5stone) with one hand before....

a reply to: boymonkey74

man, you can't catch a break. i don't know your equivalent of the supreme court, but i would push it that far if i had to.... you already sacrifice security when you step in that ward, even infantrymen get hazard pay..... and medals....... not debt.