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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: UK Employment Law
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Experience:  solicitor
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My daughter was employed by TUI as a Crystal Ski Rep and started

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My daughter was employed by TUI as a Crystal Ski Rep and started working in Austria on 28/11/2012. All staff were of mixed ability at ski-ing and it had been 5 years since my daughter had skied, not a problem as there novice skiers too in the same role. On Tuesday 11th December the whole group were taken skiing on a work day to ensure that the whole team got to know the ski area led by her supervisor. Without advising of the type of run they were about to embark on (it was red, had my daughter known this she would have advised she wasn't at that level) and on untreated snow, not ready for the general public, which we've been led to believe makes it more challenging my daughter when going down a run, lost control and landed badly hurting her knee. Upon falling two German men stopped and went to organise a skidoo to take her down the rest of the mountain. She was then taken immediately to hospital by an ambulance and given an x-ray. A brace put on her leg and advised to rest. She continued to work during that period helping with tasks that were not ski-related which was a substantial part of her role e.g. airport runs, selling passes and other related products. On Wednesday 19/12/2012 her supervisor (following a consultation my daughter had with the hospital where they advised an MRI scan when the swelling had gone down, which they estimated to be circa 21 December) advised my daughter it was within her best interests to go home, rest get well and then contact them if she was well enough to return and suggested strongly she would be taken back into employment though not necessarily at the same resort. On Friday 4th January, post Christmas holidays my daughter contacted AXA PPP and was advised she wasn't registered with them. She then contacted TUI HR, advising of her situation and they spoke to AXA and had her added onto the policy. My daughter then called AXA who advised that the minute she returned to the UK she no longer had medical cover provided by her employer. Given the earlier problems with AXA recognising my daughters policy I asked that she ring TUI HR again. The HR member of staff said she should have read the policy fully before making her decision, it was her responsibility. I briefly spoke to her explaining my daughter had received a significant injury, resulting in a trip to hospital, her leg swollen significantly and put in a brace and due to swelling the earliest anticipation of an MRI being 23/1 and an outcome possibly an operation, at that point she wouldn't consider reviewing a health policy. I explained her line manager had a duty of care to explain the options she had including her health policy would become invalidated should she leave the resort, which in my opinion for commercial reasons they chose not to do. I'd like advice on two aspects (1) where you think we stand regarding a personal injury claim and (2) whether the company had a duty of care and neglected that by actively encouraging her to return home, knowing the policy would terminate and that any treatment would be borne by her personally, difficult given the accident whilst in their employment has negated her of the opportunity to earn a living. Please let me know if you require any further information. Regards XXXXX XXXXX

Submitted: 1 year ago.
Category: UK Employment Law
Expert:  Jo C. replied 1 year ago.

Remus2004 :

Hi Thank you for your question and welcome to Just Answer. I will try to help with this.

Customer:

When can I expect a response to the question posed and paid for on Saturday?

Customer:

FOR JOMO1972 sorry forgot to quote this code that is linked to my original questions

Expert:  Jo C. replied 1 year ago.
I'm sorry, I posted to this in error.

I have passed it onto somebody else for you and I will chase them up now.
Customer: replied 1 year ago.

FOR JOMO1972 Many thanks



Angela

Expert:  wendy-Mod replied 1 year ago.

Hi, I am a moderator for this topic. It seems the Professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new Professional to assist you right away, but sometimes finding the right Professional can take a little longer than expected.


I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!

Wendy

Customer: replied 1 year ago.

FOR JOMO1972


 


I am surprised this appears difficult. We do need an answer and have paid £22 for this. Can you tell me how you will proceed and what timescales you are working to. The promise on the website is 1 hour, I made my enquiry over 100 hours ago.


 


I didn't receive a prompt to tell me you had communicated with me on Tuesday.

Customer: replied 1 year ago.

Relist: Other. FOR JOMO1972 Since 5/1/2013 I have received any response xxxxx xxxxx

Expert:  UKSolicitorJA replied 1 year ago.
Hello,

I have just seen this question has not yet been answered and will assist you.

In response to your queries, it would appear that your daughter would have a good case against her employer for the personal injury suffered and the employer would certainly have a duty of care to your daughter and work with her to ensure that her policy was not invalidated.

I suggest your daughter contact a personal injury lawyer and make a claim for damages against the employer, she may appoint an APIL member: http://www.apil.org.uk/

Hope this helps. Please leave feedback
UKSolicitorJA, Solicitor
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