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Question Details: I injured myself at work and needed to take a week off. My employer used all my sick pay to pay me. Is this legal if I took the time off due to a workplace accident?
Filed under Employment Law | 2132 View(s)
Community Law Wellington & Hutt Valley
Yes, your sick leave can be used to cover time you've been off work due to a workplace accident, if you're off for a week or less.
If you've been in your job for more than six months, you have a legal entitlement to at least five days of sick leave. This can be used if you're sick or injured. You can find out more about sick leave by clicking here: dol.govt.nz.
Workplace accidents, like most accidents in New Zealand, are covered by ACC. If you are injured at work, in the course of your duties, and ACC agrees that you couldn't work because of your injury, you are entitled to weekly compensation for loss of earnings. However, ACC doesn't pay weekly compensation for your first week off work. Because you were only off work for a week, you were probably not eligible for ACC compensation for loss of earnings.
When you first saw a doctor about your injury, they should have asked you to fill in an ACC claim form. This would have been sent to ACC who would have made a decision about your claim. If you don't remember filling in a claim form, or if you did, but you haven't had a letter from ACC advising of their decision, you should call ACC to discuss your situation. ACC contact details can be found by clicking here: www.acc.co.nz.
You can find out more about ACC entitlements by clicking here: www.acc.co.nz.
The Health and Safety in Employment Act 1992 requires your employer to provide a safe working environment, but doesn't deal with sick leave or other leave taken as a result of an accident. You can find out more about the Health and Safety in Employment Act here www.communitylaw.org.nz
Answered 12 Feb 2013. The IMPORTANT NOTICE below is part of this answer.
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