I was out on delivery last Friday (13th ironically), one of my delivery addresses has a box just over a gate. When i first started doing the round i was told not to go through the gates, due to a dog problem, but to stand on the bottom rung of the gate to reach the post box. Well on Friday as i got off of the gate my ankle turned over and i broke it.
I have been a postman for about 6 months. I can go back on light duties just after christmas and back on the round in about 5 weeks.
What i want to know is
A; What pay am i entitled to
B; Should i claim some type of compensation
Delivery to the address has been suspended by the office until the box has been resited.
Any help gratefully recieved
with thanks
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Injury whilst on delivery-advice needed
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TrueBlueTerrier
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Injury whilst on delivery-advice needed
If you are still on trial you don't get any sick pay - apart from SSP you'll need to your Manager for that.
Compensation is possible more so if your in the Union as its done free for members. For this see your Rep.
From the CWU Web site: http://www.cwu.org.uk/11999/claims-for- ... njury.html
Claims for Damages - Personal Injury
As this title implies, these are cases where there is another party to an accident. The basis of a claim is to establish either complete negligence or contributory negligence by the other party, whereby they have caused either personal injury, damage to property or both.
The cover given in this field is in fact the best provided by a Trade Union in that members are covered ON and OFF duty. The dependants of the members are also covered. (A dependant must not be entitled to service from another Trade Union). This service is also available to Class C and Portable Members. The Union does not take action on behalf of members when a claim is made against them. We may be able to assist in the type of reply to be submitted to a claim but we do not supply legal aid. Third Party claims arise from both: -
1) Accidents On Duty and
2) Accidents Off Duty
Immediate notification of accidents should be given to Union Headquarters on form LS3. As much information as possible should be given about the accident itself, including accurate measurements and a description of any vehicles involved. Photographs or sketches of the scene of the incident should be provided. If the accident involves tools or equipment (e.g. safety belt, drill etc.,), please try to ensure that the item is stored safely and not disposed of. If the accident involves overweight bags, it is vital that the bag is weighed and the weight is recorded.
In a road traffic accident, the names and addresses of witnesses should be given together with other relevant details such as the width of the road, condition of its surface, and so on. What signals (if any) were given, whether or not the other vehicle was showing correct lights, the time and location (including name of the road).
The success of any claim largely depends on the accuracy of the information given in the early reports. Branches should not become involved in any large-scale enquiries about an accident, but should immediately send particulars to Union Headquarters and subsequently, act only under Headquarters' direction.
IT IS IMPORTANT TO NOTE THAT CASES MAY ONLY BE REFERRED TO SOLICITORS UPON INSTRUCTION BY THE LEGAL SERVICES DEPARTMENT AT UNION HEADQUARTERS AND THAT ANY COSTS INCURRED WITHOUT THIS AUTHORITY ARE NOT BORNE BY THE LEGAL SERVICES DEPARTMENT.
The vast majority of cases are referred to the Union's Solicitors and settlements are reached either by negotiation or legal action authorised by the Legal Services Committee/NEC.
(a) Fatal Accidents
It is vitally important that a fatal accident to a member on or off duty or to a dependant should be reported to Union Headquarters immediately so that arrangements can be made for representations at the inquest. A few days after a fatal accident the Preliminary Inquest is held for identification purposes so that burial can proceed. A few weeks later, after all Police investigations are complete, the Adjourned Inquest is held. The Union provides legal representation at the Adjourned Inquest.
Branch/Legal Services Secretaries are asked to take particular note of the date, time and place of the Adjourned Inquest and inform Headquarters in good time to arrange attendance by our solicitors.
(b) Clinical Negligence Cases
The Union can give consideration to claims for damages arising from negligent medical treatment. However, these cases are difficult and costly to pursue. In the first instance, the full history of the case should be submitted to the Legal Services Department who will then decide whether or not authorisation can be given to proceed with the case further by the involvement of solicitors.
In such cases, the Union would require extremely strong legal advice, supported with the appropriate medical evidence before consideration of proceeding to trial in the event a negotiated settlement could not be reached.
(c) Industrial Diseases
Where members are diagnosed as having one of the prescribed industrial diseases accepted by the Benefits Agency, the condition should be registered with the Benefits Agency and when accepted, a claim for disablement benefit should be made. It is necessary for the exact disease to be diagnosed i.e., if a member is diagnosed as suffering from "tenosynovitis", then a claim in respect of prescribed industrial disease A8 should be submitted. However, if the member is diagnosed as having for example, tennis elbow or general R.S.I., a claim is unlikely to be accepted.
Whilst it is sometimes difficult for our members to satisfy the Benefits Agency regulations so far as occupational deafness is concerned, nevertheless, members should be advised to read leaflet N1 207 obtainable from the local Benefits Agency office, to see whether they do meet the criteria laid down in the rules on such claims.
Consideration will be given to all claims and the necessary claim form LS2 should be submitted to Legal Services Department.
(d) Dog Attacks
Many of our members suffer injury through dog attacks. Our Union has long campaigned for a proper dog registration Scheme. This is important because unless we can identify the owner it is not possible to issue proceedings against them.
It is for that reason legislation is necessary which requires dog owners to take out insurance policies that cover them if their dog is involved in incidents causing personal injury.
Unfortunately, it is sometimes the case that even where there is a successful judgement against an individual, because that person is a pensioner or unemployed, it is not possible to pursue the matter if the dog owner is without insurance or means. Under these circumstances the Courts are unable to assist us. Branches are assured that prior to closing a file everything possible is done to achieve fair treatment for our members.
We have had some considerable success over the years in raising the levels of General Damages awarded by the Courts for dog bites. However, it must be borne in mind that if a claim is to succeed it is normally necessary to establish a pattern of previous conduct involving the animal. If previous attacks or menaces cannot be established it would be difficult to show that the dog owner was aware of the animal's propensity to attack and more likely than not a claim will fail.
All dog attacks should be reported to the police. The benefits of doing this are twofold: -
1) The police may bring proceedings against the dog owner and the presence of a Conviction for failing to keep the animal under control will often persuade a dog owner's insurers to make an offer of settlement.
2) The record of the attack will serve as evidence of the animal's dangerous characteristics should a further attack take place.
In circumstances where serious injury is sustained as a result of a dog bite, such claims are usually placed in the hands of our solicitors, however, claims involving minor injuries are dealt with In-house and settlements are negotiated with the owner of the dog or their insurance company where appropriate.
(e) Repayment of Wages
The following procedures apply: -
(i) A member who incurs paid absence as a result of an accident due to the negligence of a third party (not Employer) will be required to sign an undertaking to repay to the Employer the sick pay received out of any damages which he/she may obtain from the person responsible for the accident. The proportion of sick pay to be refunded will be based on the proportion of damages recovered.
(ii) On completion of the undertaking, the Employer will furnish the member with a form advising him/her how to calculate the amount to be included as loss of wages in any claim he/she may decide to make against a negligent third party. The form will also show what they will be required to refund to the Employer if their claim is successful.
(iii) Normally there will be no repayment of wages where the claim is being pursued with the Motor Insurance Bureau arising out of an accident caused by an unidentified driver. However, if loss of earnings is included in the claim, then there is a repayment of wages to the employer in the event of a successful claim. No repayment is due where a claim is being pursued with Criminal Injuries Compensation Authority.
(f) Compensation Recovery Unit
Under the Social Security Administration Act 1992, any payments made by the Benefits Agency as a result of the injuries sustained by our member are due to be repaid to the Benefits Agency by the Defendants. The payment is made direct to the Benefits Agency by whoever pays the compensation.
If the total compensation payment for the injury is £2,500 or less, the Benefits Agency does not claim back any amount which has been paid in the form of benefit. The settlement of personal injury claims are formed of two types of damages, i.e. Special Damages which relate to loss of earnings and out-of-pocket expenses and General Damages which are awarded for pain and suffering and loss of amenity. CRU is only entitled to claim repayments of any Benefits received by the member against the award of Special Damages only. All sums of money recovered in respect of General Damages cannot be affected by a repayment to the CRU and as a result, will be received by the member in full.
(g) Time Limits
Listed below are details of the limits that are legally binding when processing claims. They are known as STATUTE OF LIMITATION.
1) Common Law claims with injuries - 3 YEARS.
2) Common Law claims without injuries, i.e., damage to property - 6 YEARS.
3) CICA - Completed applications to the Board no later than 2 years after the incident.
4) Claims for Professional Negligence - 6 YEARS.
(NB. If in the Channel Islands - 1 YEAR.
5) If the third party dies - Common Law claims, the case becomes Statute Barred from the date of probate - 6 MONTHS.
6) If a claim for a dependant has not been pursued at the time of the accident, the limitation period runs out 3 YEARS from the age of majority (which is 18 years of age).
7) Medical Negligence Claims - 3 years from the date of knowledge.
8) Repetitive Strain Injury - 3 years from the date of knowledge of the relationship between the injury and the nature of the work.
Claims for damages for personal injury
The Union may take up a claim for personal injury, if there is a valid claim against a third party.
If the Union accepts such a case, unless stated otherwise it will be dealt with by one of the Union's legal representatives under the terms of the CWU Legal Services Scheme. Please click on the following link to view the details of the arrangements by which the Scheme will operate: CCFA ARRANGEMENTS
(h) Legal Services Claims Forms
The forms used are as follows: -
LS1 Drivers Protection Scheme/Road Traffic Act Prosecution
LS2 Industrial Disease claim
LS3 Accident on/off duty/Dependant
LS4 Fatal Accident
LS7 Crimes of Violence on/off duty/Dependant (Bandit Attack)
LS14 Appeal For or Against Ill Health Retirement
LS18 Gives details of claims and should be issued to members when form LS2, LS3, LS4 and LS7 are issued
ALL BRANCH SECRETARIES/LEGAL SERVICES REPS WILL BE REQUIRED TO SUMBIT ALL COMPLETED CLAIM FORMS TO LEGAL SERVICES DEPARTMENT IN ORDER FOR CASES TO BE PROCESSED.
Authorisation for solicitor to act on behalf of a member can only be given by CWU Headquarters. The Legal Services Department will not be responsible for any costs incurred in the event the above procedure is not followed.
trupa@cwu.org
Tony Rupa
Head of Legal Services
To contact the department: legal@cwu.org
Compensation is possible more so if your in the Union as its done free for members. For this see your Rep.
From the CWU Web site: http://www.cwu.org.uk/11999/claims-for- ... njury.html
Claims for Damages - Personal Injury
As this title implies, these are cases where there is another party to an accident. The basis of a claim is to establish either complete negligence or contributory negligence by the other party, whereby they have caused either personal injury, damage to property or both.
The cover given in this field is in fact the best provided by a Trade Union in that members are covered ON and OFF duty. The dependants of the members are also covered. (A dependant must not be entitled to service from another Trade Union). This service is also available to Class C and Portable Members. The Union does not take action on behalf of members when a claim is made against them. We may be able to assist in the type of reply to be submitted to a claim but we do not supply legal aid. Third Party claims arise from both: -
1) Accidents On Duty and
2) Accidents Off Duty
Immediate notification of accidents should be given to Union Headquarters on form LS3. As much information as possible should be given about the accident itself, including accurate measurements and a description of any vehicles involved. Photographs or sketches of the scene of the incident should be provided. If the accident involves tools or equipment (e.g. safety belt, drill etc.,), please try to ensure that the item is stored safely and not disposed of. If the accident involves overweight bags, it is vital that the bag is weighed and the weight is recorded.
In a road traffic accident, the names and addresses of witnesses should be given together with other relevant details such as the width of the road, condition of its surface, and so on. What signals (if any) were given, whether or not the other vehicle was showing correct lights, the time and location (including name of the road).
The success of any claim largely depends on the accuracy of the information given in the early reports. Branches should not become involved in any large-scale enquiries about an accident, but should immediately send particulars to Union Headquarters and subsequently, act only under Headquarters' direction.
IT IS IMPORTANT TO NOTE THAT CASES MAY ONLY BE REFERRED TO SOLICITORS UPON INSTRUCTION BY THE LEGAL SERVICES DEPARTMENT AT UNION HEADQUARTERS AND THAT ANY COSTS INCURRED WITHOUT THIS AUTHORITY ARE NOT BORNE BY THE LEGAL SERVICES DEPARTMENT.
The vast majority of cases are referred to the Union's Solicitors and settlements are reached either by negotiation or legal action authorised by the Legal Services Committee/NEC.
(a) Fatal Accidents
It is vitally important that a fatal accident to a member on or off duty or to a dependant should be reported to Union Headquarters immediately so that arrangements can be made for representations at the inquest. A few days after a fatal accident the Preliminary Inquest is held for identification purposes so that burial can proceed. A few weeks later, after all Police investigations are complete, the Adjourned Inquest is held. The Union provides legal representation at the Adjourned Inquest.
Branch/Legal Services Secretaries are asked to take particular note of the date, time and place of the Adjourned Inquest and inform Headquarters in good time to arrange attendance by our solicitors.
(b) Clinical Negligence Cases
The Union can give consideration to claims for damages arising from negligent medical treatment. However, these cases are difficult and costly to pursue. In the first instance, the full history of the case should be submitted to the Legal Services Department who will then decide whether or not authorisation can be given to proceed with the case further by the involvement of solicitors.
In such cases, the Union would require extremely strong legal advice, supported with the appropriate medical evidence before consideration of proceeding to trial in the event a negotiated settlement could not be reached.
(c) Industrial Diseases
Where members are diagnosed as having one of the prescribed industrial diseases accepted by the Benefits Agency, the condition should be registered with the Benefits Agency and when accepted, a claim for disablement benefit should be made. It is necessary for the exact disease to be diagnosed i.e., if a member is diagnosed as suffering from "tenosynovitis", then a claim in respect of prescribed industrial disease A8 should be submitted. However, if the member is diagnosed as having for example, tennis elbow or general R.S.I., a claim is unlikely to be accepted.
Whilst it is sometimes difficult for our members to satisfy the Benefits Agency regulations so far as occupational deafness is concerned, nevertheless, members should be advised to read leaflet N1 207 obtainable from the local Benefits Agency office, to see whether they do meet the criteria laid down in the rules on such claims.
Consideration will be given to all claims and the necessary claim form LS2 should be submitted to Legal Services Department.
(d) Dog Attacks
Many of our members suffer injury through dog attacks. Our Union has long campaigned for a proper dog registration Scheme. This is important because unless we can identify the owner it is not possible to issue proceedings against them.
It is for that reason legislation is necessary which requires dog owners to take out insurance policies that cover them if their dog is involved in incidents causing personal injury.
Unfortunately, it is sometimes the case that even where there is a successful judgement against an individual, because that person is a pensioner or unemployed, it is not possible to pursue the matter if the dog owner is without insurance or means. Under these circumstances the Courts are unable to assist us. Branches are assured that prior to closing a file everything possible is done to achieve fair treatment for our members.
We have had some considerable success over the years in raising the levels of General Damages awarded by the Courts for dog bites. However, it must be borne in mind that if a claim is to succeed it is normally necessary to establish a pattern of previous conduct involving the animal. If previous attacks or menaces cannot be established it would be difficult to show that the dog owner was aware of the animal's propensity to attack and more likely than not a claim will fail.
All dog attacks should be reported to the police. The benefits of doing this are twofold: -
1) The police may bring proceedings against the dog owner and the presence of a Conviction for failing to keep the animal under control will often persuade a dog owner's insurers to make an offer of settlement.
2) The record of the attack will serve as evidence of the animal's dangerous characteristics should a further attack take place.
In circumstances where serious injury is sustained as a result of a dog bite, such claims are usually placed in the hands of our solicitors, however, claims involving minor injuries are dealt with In-house and settlements are negotiated with the owner of the dog or their insurance company where appropriate.
(e) Repayment of Wages
The following procedures apply: -
(i) A member who incurs paid absence as a result of an accident due to the negligence of a third party (not Employer) will be required to sign an undertaking to repay to the Employer the sick pay received out of any damages which he/she may obtain from the person responsible for the accident. The proportion of sick pay to be refunded will be based on the proportion of damages recovered.
(ii) On completion of the undertaking, the Employer will furnish the member with a form advising him/her how to calculate the amount to be included as loss of wages in any claim he/she may decide to make against a negligent third party. The form will also show what they will be required to refund to the Employer if their claim is successful.
(iii) Normally there will be no repayment of wages where the claim is being pursued with the Motor Insurance Bureau arising out of an accident caused by an unidentified driver. However, if loss of earnings is included in the claim, then there is a repayment of wages to the employer in the event of a successful claim. No repayment is due where a claim is being pursued with Criminal Injuries Compensation Authority.
(f) Compensation Recovery Unit
Under the Social Security Administration Act 1992, any payments made by the Benefits Agency as a result of the injuries sustained by our member are due to be repaid to the Benefits Agency by the Defendants. The payment is made direct to the Benefits Agency by whoever pays the compensation.
If the total compensation payment for the injury is £2,500 or less, the Benefits Agency does not claim back any amount which has been paid in the form of benefit. The settlement of personal injury claims are formed of two types of damages, i.e. Special Damages which relate to loss of earnings and out-of-pocket expenses and General Damages which are awarded for pain and suffering and loss of amenity. CRU is only entitled to claim repayments of any Benefits received by the member against the award of Special Damages only. All sums of money recovered in respect of General Damages cannot be affected by a repayment to the CRU and as a result, will be received by the member in full.
(g) Time Limits
Listed below are details of the limits that are legally binding when processing claims. They are known as STATUTE OF LIMITATION.
1) Common Law claims with injuries - 3 YEARS.
2) Common Law claims without injuries, i.e., damage to property - 6 YEARS.
3) CICA - Completed applications to the Board no later than 2 years after the incident.
4) Claims for Professional Negligence - 6 YEARS.
(NB. If in the Channel Islands - 1 YEAR.
5) If the third party dies - Common Law claims, the case becomes Statute Barred from the date of probate - 6 MONTHS.
6) If a claim for a dependant has not been pursued at the time of the accident, the limitation period runs out 3 YEARS from the age of majority (which is 18 years of age).
7) Medical Negligence Claims - 3 years from the date of knowledge.
8) Repetitive Strain Injury - 3 years from the date of knowledge of the relationship between the injury and the nature of the work.
Claims for damages for personal injury
The Union may take up a claim for personal injury, if there is a valid claim against a third party.
If the Union accepts such a case, unless stated otherwise it will be dealt with by one of the Union's legal representatives under the terms of the CWU Legal Services Scheme. Please click on the following link to view the details of the arrangements by which the Scheme will operate: CCFA ARRANGEMENTS
(h) Legal Services Claims Forms
The forms used are as follows: -
LS1 Drivers Protection Scheme/Road Traffic Act Prosecution
LS2 Industrial Disease claim
LS3 Accident on/off duty/Dependant
LS4 Fatal Accident
LS7 Crimes of Violence on/off duty/Dependant (Bandit Attack)
LS14 Appeal For or Against Ill Health Retirement
LS18 Gives details of claims and should be issued to members when form LS2, LS3, LS4 and LS7 are issued
ALL BRANCH SECRETARIES/LEGAL SERVICES REPS WILL BE REQUIRED TO SUMBIT ALL COMPLETED CLAIM FORMS TO LEGAL SERVICES DEPARTMENT IN ORDER FOR CASES TO BE PROCESSED.
Authorisation for solicitor to act on behalf of a member can only be given by CWU Headquarters. The Legal Services Department will not be responsible for any costs incurred in the event the above procedure is not followed.
trupa@cwu.org
Tony Rupa
Head of Legal Services
To contact the department: legal@cwu.org
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k979aaa
- Posts: 12578
- Joined: 03 Sep 2007, 19:14
- Gender: Male
- Location: THE NORTH
Injury whilst on delivery-advice needed
First question are you in the union if not why not it can help with legal advice and cost's and other thing's should matter's come to a head!. I do hope you are in the union "noel" for your own sake.