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About Shirley McAllister, CPP, PHR
Expertise
I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).

Experience
25 years in Payroll and Human Resources

Organizations
SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association)

Education/Credentials
PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

 
   

You are here:  Experts > Business > Corporate Law > Employment Law > sick pay

Employment Law - sick pay


Expert: Shirley McAllister, CPP, PHR - 7/8/2009

Question
QUESTION: I INJURED MY SELF AT WORK PAYED ON SALARIED SHOULD I GET MY BASIC PAY FOR SO MANY WEEKS

ANSWER: Your company will have insurance that covers these type of accidents, usually called a worker's compensation policy.

To prove that the employer is responsible for the incident in which you were injured, you should gather and keep a written record of as much evidence as possible. You should also gather the names of any witnesses to the work accident and enquire if this has happened before with this company.

You should then enlist the services of a solicitor in specialises in work accident compensation. He will advise on the amount of what you should claim and your chances of success.

The compensation you receive is not only to recompense you for the accident at work. The compensation is also based on an assessment of any loss of current and future earnings while you are laid off, trauma and damage to personal belongings through the work accident.

You could be awarded a substantial sum. Your solicitor may be able to work for you on a no win no fee basis, saving you additional costs at what is a stressful time for you.

Do not be reluctant to pursue an accident at work claim against your employer for fear of repercussions. If you are certain your employer was remiss in his health and safety procedures and that led to your accident in the work place, then push on with your personal injury claim.

By taking this stand you may eliminate the chances of a similar accident at work happening again. You owe that to your work colleagues.


Shirley


---------- FOLLOW-UP ----------

QUESTION: THE COMPANY SAY BECAUSE I HAD BASIC MANUAL HANDLING TRAINING THEY WERE NOT RESPONSIBLE AND I WAS LIFTING WITH SOMEONE ELSE

Answer
This would be a case that would need a Solicitor to review and determine if there is any merit for a case or not because of the basic handling training.

Check your employment contract and your employee handbook. If you have unused sick pay or vacation pay you may be allowed to use them while you are off.

Check government plans there may be a plan for people that are disabled and cannot work to keep them solvent until they can return to work or your company may have a short term disability insurance paln.

Shirley

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