MDJ Has had an accident

[RQ]

Best of luck for the recovery. Women eh, who needs em when porn is so widespread!!

Some insurance companies cover for time out of work, check your policy documents to see of it's in yours, if not, get the solicitors on to it. They should be able to claim expenses for being out of work.

Not ill enough to be off????? What kind of nutters are they? All you need to produce is a cert from your doctor, and they can't question it. If they don't renew your contract (well this applies in Ireland anyway), it can be considered "unfair dismissal" because of your medical condition, regardless of your term of contract.

Get Tony's nurse to give you a 'special' massage, and that should take your mind off things!!

[tony.wilde1]

actually my back aches..get in the massage q rq

[MDJ]

certainly hope so RQ. I waste no time insurance and solicitors are on it already, written to third party, the tp's ins, witnesses and I'll get them onto my employers in a moment......
Nurse is with me....
mmm nurses at sidcup and kingston were a sight for Morphined eyes and oh my good to see I was functioning well when they removed my leather trousers

[theweeeman]

MDJ, hi mate, i aint met you at all, but just wanted to say stranger or not its not nice when anyone comes off a bike, be it their fault or not its still the same consequence (bloody painfull). I know how ya feel, and i never broke owt when i wrote me R6 off. Its not just bones, Skin, Joints etc. Its everything else that comes with it . On top of that its the time when you know if your insurance is worth its wieght or not
All car drivers should do a CBT as part of their lessons, maybe it would help them think about the bigger picture, cos since i been riding i got eyes in the back of me head in my car.....

get well soon mate, hope to see ya back on two soon. Remember its not how you come off that counts, its how ya get up!

[delmeekc]

No worries mate, just get better asap.

Guess I owe ya £50 then ehh.

Del.

[MDJ]

cheers Kaz,

Weeman, nice motto

Del I will bell ya soon, 50 quid? last of my worries mate...

[delmeekc]

you fully comp? wot you need then?

when i got punted off last year i got a quote for the bits (no labour) and got the insurance to pay me for the parts and I sourced em meself, worked out alot better ;-) or is it a basket case?

Hows ya linbs comin along then?

Del.

[MDJ]

Del bike is at PJM recovery, Dartford if you wanna have a look. I haven't seen it but they tell me it is well trashed. Thankfully I'm fully comp yes although market value ain't gonna do it justice...

Goin slowly as you'd expect, they've pulled my wrist up higher in the sling to correct the very slight kink where the humerous is broken. Laterally it is healing dead straight tho.. Another check up in a week...

[Bink]

MDJ, sounds like you'll be in for some Physio!
I had the top of my Humerous chipped where the muscle attached to the top of the arm/shoulder. Was a painful experience - and no fun to loosen up the muscles once the fracture had healed.
Specialists told me that I would make a full recovery ... I do have full movement again but there is still some discomfort.
Keep this in mind if you are eligable for personal injury. It probably will be grand but if you end up with permanent damage it will affect you for the rest of your life... you thought about this already no doubt?!

[MDJ]

yes it had indeed occured 2 me Bink. Thankfully it is a clean break, I expect fairly long arduous Physio and prob some discomfort after but, c'est la vie...

[Trojan]

That sucks m8. No bike, no bird, broken bones

Yup, been there got the t-shirt. In a year or two it will just be another interesting story to tell

[delmeekc]

Trojan, go on mate you make him feel better

[MDJ]

Is anyone on here a Solicitor ?

While still within a certificate from my doctor for my injuries (still housebound) I've recieved a letter from my employer giving me 4 weeks notice, Termination of employment. Obvoiusly I don't plan to take it sitting down and plan to file a case against them, just wondering if someone on here happens to be in law?

[ktd001]

Hi Mark

Glad you're feeling better (not sure if you're up to jokes about the butt tears yet?).

If your contract has, or was expected to last for 12 months or more, you are entitled to claim unfair dismissal. If it was due to run out in december (eg) and you were signed off sick for a month, they either have to pay you in full while off or, it would then have to end in January. There is no excuse for ending the contract early unless they can prove gross misconduct. Keep copies of everything! Write down details/time of any phone calls. Keep us informed!

[RQ]

Agreed. They can't dismiss you on any basis relating to your health, particularly in your situation. You are entitiled to a certain amount of sick pay (the same amount as you are normally paid) dependant on your contract.
Once that period runs out, you are entitled to Statutory Sick Pay which is effectively paid by welfare through your employer. It is less than your normal rate of pay, but by how much I don't know.
There was new legislation over here recently regarding the rights of employees on term contracts. It related to the renewal of 12 month contracts and that unless they had a very good reason not to renew your contract (ie process had stopped, or position was simply not there) they were obligated to renew it. They can't not renew yours and take someone else on instead unless you are a total bollix.
I was dismissed last December from a job I had been in for 7 months(long story relating to my girlfriend at the time being my boss, and you can guess the rest ....) I discovered that if I was a woman, an ethnic minority, or gay I could have taken a case of unfair dismissal, but as I was neither, I had to be there 12 months for to have any rights.
Check out the rights of term contract employees. Get on the web and look out for http://www.dti.gov.uk/er/fixed/index.htm
It refers to the following, and this is just a small part of it:

Successive fixed-term contracts
8. - (1) This regulation applies where -



(a) an employee is employed under a contract purporting to be a fixed-term contract, and

(b) the contract mentioned in sub-paragraph (a) has previously been renewed, or the employee has previously been employed on a fixed-term contract before the start of the contract mentioned in sub-paragraph (a).


(2) Where this regulation applies then, with effect from the date specified in paragraph (3), the provision of the contract mentioned in paragraph (1)(a) that restricts the duration of the contract shall be of no effect, and the employee shall be a permanent employee, if -



(a) the employee has been continuously employed under the contract mentioned in paragraph 1(a), or under that contract taken with a previous fixed-term contract, for a period of four years or more, and

(b) the employment of the employee under a fixed-term contract was not justified on objective grounds -


(i) where the contract mentioned in paragraph (1)(a) has been renewed, at the time when it was last renewed;

(ii) where that contract has not been renewed, at the time when it was entered into.



(3) The date referred to in paragraph (2) is whichever is the later of -



(a) the date on which the contract mentioned in paragraph (1)(a) was entered into or last renewed, and

(b) the date on which the employee acquired four years' continuous employment.


(4) For the purposes of this regulation Chapter 1 of Part 14 of the 1996 Act shall apply in determining whether an employee has been continuously employed, and any period of continuous employment falling before the 10th July 2002 shall be disregarded.

(5) A collective agreement or a workforce agreement may modify the application of paragraphs (1) to (3) of this regulation in relation to any employee or specified description of employees, by substituting for the provisions of paragraph (2) or paragraph (3), or for the provisions of both of those paragraphs, one or more different provisions which, in order to prevent abuse arising from the use of successive fixed-term contracts, specify one or more of the following -



(a) the maximum total period for which the employee or employees of that description may be continuously employed on a fixed-term contract or on successive fixed-term contracts;

(b) the maximum number of successive fixed-term contracts and renewals of such contracts under which the employee or employees of that description may be employed; or

(c) objective grounds justifying the renewal of fixed-term contracts, or the engagement of the employee or employees of that description under successive fixed-term contracts,


and those provisions shall have effect in relation to that employee or an employee of that description as if they were contained in paragraphs (2) and (3).

I used to work as a GM in hotels, you had to know how to get around this stuff.