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Tuesday, June 2, 2009

After a Road Traffic Accident, am I allowed to time off work?

By David Halbert

Road traffic laws have been established to reduce the danger of any accident caused by contemporary machinery which apart from making mobility easier for us has also created a high risk transportation situation for mankind. However, even with these rules, many accidents happen each day throughout the world.

In some countries, the incidences of accidents are higher than in other countries due to traffic conditions and other factors. Weather and climatic conditions also play an active part in creating conditions which might lead to accidents.

These accidents might also be caused by the negligence of people, which causes loss to not only themselves but also many others around them. The governments of many countries have established such laws which provide protection to those who suffer in these accidents due to the negligence of another person.

Many countries have provided their citizens with the right to claim for costs for any harm or loss caused by such an accident. The United Kingdom is also incorporated in these countries, and has established very harsh set of laws for such cases. Compensation claims are granted to all those who insist for compensation for any losses suffered by them in such accidents. However, the value of the compensation claim may differ depending on the real losses suffered by the person.

The compensation granted to someone depends on the circumstances of the accident, and various factors regarding the accident. If the person works for a company and suffers from an accident while performing a task for the company, then such a person would be granted special compensation from the company for his/her loss.

In some cases the company might give paid leave if the lesion is such that the person would get well soon and would be able to take up again work. However, this compensation might not be given if the injury might take some time to convalesce and the worker might need some time to rest before resuming work. In such cases, the company provides the worker with assurance that his/her post would be secure and he/she could resume work after his/her healing, however, the company may favour not to permit a paid leave.

The actual compensation granted by the company mainly depends on the circumstances of the accident and the extent of the injury. If the accident is due to the fault of the company then the company is legally bound to provide reasonable compensation to the worker. However, if the accident is not due to the fault of the company or the accident does not involve any work of the company then the company is not responsible.

In such cases the company might grant special compensation to ease the loss of their employee and to maintain a healthy working environment and provide employee satisfaction. As mentioned earlier, the company might provide work leave to such individuals, and they would be able to work after their recovery. This might also depend on company policy and also on the employment contract. Such provisions are specifically mentioned in the contract of employment. - 21396

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