Accident on Duty -Temporary Contract - No Sick Pay

[Lull]

Due to an injury sustained from an AOD, I am signed off sick by GP and ATOS. ERICA was completed within 48 hours of injury, I was perceived to be liable for my accident - although the 'reason' for this was deemed to be lack of training.

Since starting with RM, the training has indeed been almost non-existent and I have had to figure most things out myself. Others who commenced their employment at the same time as me have expressed that they feel our training to have been chaotic and substantially lacking.

I am now without pay of any kind, despite requesting that I be paid due to feeling that RM have failed in their duty of care to me on at least two or three counts. (I am reticent to go into detail in case I 'incriminate' myself in some way!)

I was verbally told that I won't be paid due to it being 'my fault' and not having been employed by the Royal Mail for long enough.

I am frankly amazed that they are so easily able to wash their hands of any kind of responsibility. is anyone able to tell me if I have any recourse?

I have only realised since coming on this site that I could have joined the CWU… I was given no information about how to go about signing up when I started work with the Royal Mail.

I would greatly appreciate some assistance since I feel very anxious about what to do.

[obscurityknocks]

Surely your not to blame if you didnt have the correct training that caused the accident. Go and see the rep as soon as you can, doesnt matter that your not a member as if i was your office rep i'd support you in this case and get you a form to join the union at the same time. This is scandalous behaviour by management.

[clashcityrocker]

What was the accident?

[RTP]

I see these work place coaches are earning their coin

[albebb]

all from http://www.direct.gov.uk" onclick="window.open(this.href);return false;
''Who can get Statutory Sick Pay?

If you're working for an employer under a contract of service (even if you've only just started and you have done some work), you're entitled to Statutory Sick Pay (SSP) if the following apply:

. you're sick for at least four days in a row (including weekends and bank holidays and days that you do not normally work)
. you have average weekly earnings of at least £107 a week

Your average weekly earnings are worked out by using your earnings in the eight weeks before your sickness began. Please read 'SSP – how it's worked out and what days you'll be paid for' for more information about this''

How to get Statutory Sick Pay

To get SSP you must:

. tell your employer that you are sick
.if asked by your employer, provide some form of medical evidence, from the eighth day of your illness

Please read 'SSP - telling your employer you are sick and providing evidence' for more information

If you disagree with your employer's decision about SSP

Ask your employer for a reason if you think:

. their decision not to pay you SSP is wrong
. you’re not getting the right amount of SSP

If you still disagree, you can phone Her Majesty's Revenue and Customs (HMRC) employee's enquiry line on 0845 302 1479 for advice.

Please read ‘Statutory payments - if you think your employer's decision is wrong' for more information.''

[Lincox]

You say that the reason was ' Lack of training'. Who has stated this, and has this been placed in writing. If you have evidence of this I would take legal advice, as you may have a legitimate claim for negligence on the part of Royal Mail.

[Lull]

@ Lincox
The 'lack of training' tickbox was filled out on the ERICA form as the cause by a manager who called me in to complete the 'investigation'. I requested a copy of the ERICA form for my own records but was refused - very frustrating. I was told it had to be 'printed out and sent to 7 different people'... and yet even though the information was about me and my accident - I was being denied a copy! I only managed to get a photocopy of my own written statement.

@albebbi will probably end up applying for.
Thanks for the very helpful information about SSP. I didn't realise I would be entitled to this and it is a small comfort. Unfortunately it won't pay for all my rent or food costs by any stretch :/ I will look into it though.

@clashcityrocker
Thankyou for your interest, but I feel that maybe I should be cautious about going into too much detail on a forum, in case I fall foul of some small print, or inadvertently incriminate myself in some way.

@obscurityknocks
Thankyou for your support - I would tend to agree. I am unsure who my office rep is - is there a list/contact details somewhere? I have noticed that there is a union room at our office, but I've never seen anyone in there. It would be difficult for me to get to the office anyway, I can't walk that distance at the moment, nor afford transport - not to mention the fact that I can imagine the eyes boring into my back wondering why I can't work if I can get down there to visit a rep.

[dvbuk55]

How long have you been with Royal Mail lull?

[Lincox]

You should put in a Freedom of Information request for a copy of the Erica report, as it is regarding information relating to you. You may also be able to request a copy under the Data Protection Act. Someone on here should be able to point you in the right direction.

[Pat Ostman]

They must give you a copy of the report by law. Can the Health and safety reps on here confirm?

[POSTMAN]

Royal Mail Group have agreed to accept the CWU proposal to add new additional wording that directs Line Managers to notify Area Safety Reps of accidents promptly and to ensure that Safety Representatives are an integral part of accident investigation. The following text has been inserted "Trade Union Safety Representatives are legally entitled to accident records. Managers must notify Safety Representatives of all incidents/accidents and disclose the information in the accident record in so far as it relates to the injured person. All printed copies will have personal information such as home address and telephone number removed. A copy of the Report documentation including name, work location and all other information should be forwarded to the Safety Representative.

http://www.royalmailchat.co.uk/communit ... ilit=ERICA" onclick="window.open(this.href);return false;

The manager is a cock,of course you are entitled to a copy.

Or ask for a copy from your area safety rep...
http://www.royalmailchat.co.uk/communit ... 28&t=44703" onclick="window.open(this.href);return false;

[Lateagainpostie]

Seems like there is some confusion between SSP and Company sick pay,

I had the same problem and never got SSP or CSP as I hadn't been with RM 8 weeks

[billyboy123]

How long have you been with Royal Mail lull?

you can get a copy of any information held by royal mail or erica under the data protection act tell ur manager u intend to do this and a copy will soon be given to you

[Lull]

@dvbuk55 I have been with them less than 2 months.

@POSTMAN Pat Ostman Lincox and BillyBoy123
Thankyou for confirming what I believed to be true (which is why I felt confident enough to ask for it in the first place). I will go ahead and ask again.

As a further update, I have been referred to a Physio by ATOS. I was asked to consent to them sharing info with ATOS and managers. Let's just hope it is still about helping me get better...

[POSTMAN]

This type of thing is a very bad grey area,it's a physical job and for some a shock to the system,add the bad or non training element,the pressure,all the other s**t newbies have to contend with,AOD's are going to happen on top of aches and pains and there should of been a safety net added in when it all changed.

Injured at work and you don't get paid by them,farcical ffs.