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Occupational Injuries Benefit Case 4

Question At Issue:

Whether the appellant was entitled to disablement benefit under the occupational injuries benefit scheme in circumstances where the accident in question occurred in his place of employment while he was on sick leave.

Background:

The appellant was absent from work on paid sick leave when he called to his place of employment to collect his payslip, slipped on a wet floor and sustained an injury. He claimed under the occupational injuries benefit scheme and his claim was disallowed on the grounds that he was absent on sick leave from his employment at the time of the accident.

Oral Hearing:

The appellant attended the appeal hearing accompanied by a family member. He explained that his wages were paid into his bank account but payslips were not posted to employees and, consequently, it was normal for employees to call in to the company to collect their payslips. That procedure had been accepted by the company as custom and practice as they have never told staff to stop doing so nor have they taken any measures to prevent staff from doing so. Consequently, he was entitled to be on the premises when he had his accident.

Consideration of the Appeals Officer:

The issue in question was whether a workplace accident in the circumstances of this case could be regarded as “arising out of and in the course of his employment, being insurable (occupational injuries) employment” as specified in the relevant legislation. The Appeals Officer noted from the file that the employer stated that, while they agreed the accident did take place on their premises, it did not occur during normal working hours as the appellant was absent on sick leave when it happened.

In considering the merits or otherwise of the case, the Appeals Officer took account of a number of issues he considered relevant to the circumstances of the case. They included the custom and practice aspect of employees collecting payslips as described by the appellant; whether or not that practice could be regarded as incidental to employment; whether the appellant could be regarded as attending the company premises with the company’s permission, expressed or implied; the fact that the appellant was not engaged in employment at the time of the accident nor did his presence there at that time arise from any contractual duties imposed upon him; and that he was under no request, instruction or obligation from the employer to attend the premises at the time of the accident.

Having carefully considered all the evidence before him, the Appeals Officer found that, while the appellant clearly was on the premises to collect his payslip at the time of the accident, he was not engaged in employment at that time, he was not there at the request of his employer, and he was not required to be there under his contract of duty to his employer. Accordingly, he was not satisfied that the appellant suffered an injury arising out of or in the course of his insurable employment.

Outcome:

Appeal disallowed.



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