# Can my employer stop my wages if i claim accident in work?



## manu77 (13 Oct 2012)

Hi.

Looking for some advice on an issue please? 

I broke my foot in work because of my employers actions and have been layed up the past five months. 

My employer was paying my wages up until now where i will have to claim off certs and he (my employer) will make up the difference. 

Im now taking legal action over the incident as it looks like it could be a long term injury. 

My question is can my employer stop paying me his half of my wages while im claiming?

After all am still a member of staff there?

Thank you..


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## Time (13 Oct 2012)

Depends on what is in your contract. Have you a union who can advise?


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## manu77 (13 Oct 2012)

Thanks for the reply, Time.

I never signed any contract and we have no union.

Iv been in full time employment the last ten years there if thats any help.


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## ajapale (13 Oct 2012)

Moved from Askaboutlaw to  Work & Employment Rights which is where this type of question is handled in AAM.
http://www.askaboutmoney.com/forumdisplay.php?f=15


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## Deiseblue (13 Oct 2012)

www.employmentrights.ie is a good source of info


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## Shivvers (13 Oct 2012)

He's not obliged to pay you any sick pay, so he'd be within his rights to stop it for whatever reason he chooses. Are you close to being able to return to work? Five months is usually enough to take care of an injury like a broken foot, unless there were unusual complications. You must be close enough to returning, I'd have thought. If so, then why not wait until you have returned to work before you file your claim? Then he can't stop your wages, because you'd be working.


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## manu77 (13 Oct 2012)

Shivvers said:


> He's not obliged to pay you any sick pay, so he'd be within his rights to stop it for whatever reason he chooses. Are you close to being able to return to work? Five months is usually enough to take care of an injury like a broken foot, unless there were unusual complications. You must be close enough to returning, I'd have thought. If so, then why not wait until you have returned to work before you file your claim? Then he can't stop your wages, because you'd be working.


Thanks guys for all your help.

I wont be returning to this job because of my claim. I would be victimised and gradually forced to leave and im sure my life would be made a living hell there.

Its the kind of job where respect to the employees is non existent. 

I know there is laws against this but its a step to far for me and ill have to look for employment elsewhere.


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## ajapale (13 Oct 2012)

manu77 said:


> I broke my foot in work because of my employers actions and have been layed up the past five months.
> My employer was paying my wages up until now where i will have to claim off certs and he (my employer) will make up the difference.



Sounds like a very good sick pay scheme your employer has going there. Five months full pay and now making up the difference with social welfare going forward.

What does your solicitor advise?


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## manu77 (13 Oct 2012)

ajapale said:


> Sounds like a very good sick pay scheme your employer has going there. Five months full pay and now making up the difference with social welfare going forward.
> 
> What does your solicitor advise?


I presume the only reason i am getting paid is because it was his fault i broke the foot in the first place and it looks to be a long term injury.Plus im ten years in employment there with no strikes.My solicitor was uncertain would you believe.He mentioned it depends on the contract but as i said i never signed any contract.


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## manu77 (13 Oct 2012)

Thank you very much equal.Big help..


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## Purple (15 Oct 2012)

Manu77, Your employer isn’t obliged to pay your wages while you are out sick. He pays employers social insurance so that the state can provide you with an income while you are out. It seems strange that he’s paying you your full wages at the moment, despite not having to, and yet it’s the sort of place where employees are not treated with respect and you will be victimised if you return.

Have you spoken to your employer?
Has he offered you any compensation?
Have you indicated that you will not be returning to work?
Have you been asked when you will be fit to return to work?


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## Purple (15 Oct 2012)

Equal said:


> If you have not sent in a sick cert over the past five months, get one immediately and send it in to social welfare. Some employers pay full wages for six months to make sure the employee does not claim Occupational Injury Benefit, because they do not want Social Welfare and the Health and Safety Authority investigating the accident.


Any injury of this nature must be reported to the HSA.
They will probably come and do an inspection. It will be no different to the one that the company's insurance provider does.


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## manu77 (15 Oct 2012)

I agree with that equal. Im quiet sure he didn't want the incident investigated. They still have not reported the incident to the injuries board. I got a phone call from the secretary looking to see if i was going to take legal action and when i mentioned im not sure she said the incident hadn't been reported yet. Will this affect my claim or will it be their problem?


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## manu77 (15 Oct 2012)

Purple said:


> Manu77, Your employer isn’t obliged to pay your wages while you are out sick. He pays employers social insurance so that the state can provide you with an income while you are out. It seems strange that he’s paying you your full wages at the moment, despite not having to, and yet it’s the sort of place where employees are not treated with respect and you will be victimised if you return.
> 
> Have you spoken to your employer?
> Has he offered you any compensation?
> ...


Thanks purple but im quiet sure my employer wanted the incident covered up.They never reported the incident to the injuries board as of yet.


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## Purple (15 Oct 2012)

manu77 said:


> Thanks purple but im quiet sure my employer wanted the incident covered up.They never reported the incident to the injuries board as of yet.



Are you in a position to answer any of my other questions?
My apologies if I sound skeptical but I'm surprised that any employer would not attempt to communicate with someone they were paying.


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## manu77 (15 Oct 2012)

Purple said:


> Are you in a position to answer any of my other questions?
> My apologies if I sound skeptical but I'm surprised that any employer would not attempt to communicate with someone they were paying.


You don't know my employer purple. Not all lines of work are a bed of roses when it comes to the treatment of employees. As for your other questions, my employer does not take calls directly nor does he take kindly to an employee contacting him directly. I as well as all other staff deal with his secretary. I worked for this man for 18 yrs overall. When i broke my foot because of this man's error i was not helped in any way. I had to crawl 200 yards on my knees to the office. My employer just looked down at me and walked on by without consideration. Jumped into his 4 wheel drive and off he went. How is that for an answer and a somewhat insight into whom im dealing with? No offence.


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## Purple (18 Oct 2012)

He sounds like a lovely fellow!


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## peteb (18 Oct 2012)

manu77 said:


> Thanks purple but im quiet sure my employer wanted the incident covered up.They never reported the incident to the injuries board as of yet.


 
Your employer doesn't report the incident to the injuries board.  That is for you to do.


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## Purple (18 Oct 2012)

peteb said:


> Your employer doesn't report the incident to the injuries board.  That is for you to do.



The employer is obliged to report it to the HSA. See here for details.


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## peteb (18 Oct 2012)

Accepted. But that is not what I said - the HSA is not the Injuries Board.  Injuries Board is the body that was formerly the Person Injuries Assessment Board


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## manu77 (18 Oct 2012)

peteb said:


> Accepted. But that is not what I said - the HSA is not the Injuries Board. Injuries Board is the body that was formerly the Person Injuries Assessment Board


Thanks mate but the ball is well rolling now.All informed and action underway..Actually recieved my p45 from employer today because of my course of action.Lovely man but im quiet sure thats a case for unfair dismissal..Any advice on this?


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## Leo (19 Oct 2012)

manu77 said:


> Thanks mate but the ball is well rolling now.All informed and action underway..Actually recieved my p45 from employer today because of my course of action.Lovely man but im quiet sure thats a case for unfair dismissal..Any advice on this?


 
Deiseblue touched on it earlier, contact NERA , they're the experts in this area and will give you all he advice you need...



Deiseblue said:


> www.employmentrights.ie is a good source of info


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## manu77 (19 Oct 2012)

Leo said:


> Deiseblue touched on it earlier, contact NERA , they're the experts in this area and will give you all he advice you need...


 Thank you Leo much obliged..


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