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Old 25.02.2015, 22:34
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Accident insurance / salary covered for hourly wage?

Hello,

Please can someone give me advice on the following:

I have been signed off sick due to an accident which happened at work (15 days in total). I have an arret de travail from the doctors.

I do not have a fixed salary, only an hourly rate, since I was signed off sick I was taken off the rota. Is my employer employer legally obliged to pay me even though I was taken off the rota?

Also, as I was signed off sick, they didn't put me back on the rota so I have now missed out on future work, so in effect I am being penalised for having an accident. Is this allowed?

Thank you in advance!
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Old 25.02.2015, 22:56
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Re: Accident insurance / salary covered for hourly wage?

If you worked more than 8 hours a week, your employer should have accident insurance cover for you, ask him!
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Old 25.02.2015, 23:04
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Re: Accident insurance / salary covered for hourly wage?

You should get paid by your companies accident insurance (if you have worked 8 hours a week). You will get 80% of your normal pay, they will calculate this by working out your average hours if you are not on a salary.
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Old 25.02.2015, 23:11
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Re: Accident insurance / salary covered for hourly wage?

Thank you for your replies.

I know about the over 8 hours rule and this is why I know I am covered.

How do they work out my average, over how many months? My salary is different each month.

My employer isn't very HR orientated so it is very difficult to deal with.

Do you know what I need to do if my employer will not pay me for the days I was sick? I have a feeling this will happen.

Thank you!
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Old 25.02.2015, 23:11
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Re: Accident insurance / salary covered for hourly wage?

You are always protected against occupational accidents.

You are only protected against non-occupational accidents if working more than 8 hours/week.

Your employer is legally obliged to undertake an accident insurance for you as per the above rules. Whether you are employed at an hourly, monthly, annual or any other kind of wage doesn't matter.

The insurance will cover 80% of your salary - for a limited period of time. In cases like yours, the salary is usually calculated as some kind of average of what you earned in the previous month or year. This continuation of payment is not a choice on your employer's side, but a legal obligation.

All the above is provided you've been employed for at least three months, otherwise you are not covered.
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Old 25.02.2015, 23:16
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Re: Accident insurance / salary covered for hourly wage?

Thank you.

And if he doesnt pay me?

He is not swiss so doesnt know the law/rules etc and I think he will just not pay me because he doesnt think he has to.

Thanks in advance.
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Old 25.02.2015, 23:19
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Re: Accident insurance / salary covered for hourly wage?

When I had my accident, they (insurance company) added up all my hours over the last 12 months, and divided them by 12 to get a monthly average.

Your employer should know, as they will have to have set up the insurance. They need to inform the insurance company so that your medical bills are paid as well as your pay.
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Old 25.02.2015, 23:20
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Re: Accident insurance / salary covered for hourly wage?

It hardly matters whether he's Swiss or not - he has a business here, he has to know or get to know the rules, period.

He's not paying you, the insurance is, but through him. He loses zero money and even if he did, that's the risk you take when running a business.

You have to do absolutely nothing other than to inform the insurance (accident, not health) of your accident (in case your employer doesn't). They'll sort it out.

If you don't receive the money, take a lawyer.
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Old 26.02.2015, 16:47
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Re: Accident insurance / salary covered for hourly wage?

Indeed- anyone who employs people here should ensure they know the rules and adhere to them. Do you have a written contract? If he is employing people without paying all the social insurance, avs and accident insurance- he serioulsy need to be taken to task. I can understand that you may not wish to employ a lawyer- but go to Unia (workers union) for advice.

What sort of industry are we talking about here? Any news?
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Old 27.02.2015, 03:19
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Re: Accident insurance / salary covered for hourly wage?

SCH
I think that many small employers, for example a private person hiring a cleaner, do not know that they are obliged, by law, to take out accident insurance for their employees. They are SUPPOSED to know, but many just don't, and don't take the trouble to find out what the law says. Even so, they are liable.

If I were in your position, I would ask your employer to tell you with which insurance company he tood out the compulsory accident insurance for you. He may have done that part correctly, but just not know how to go about claiming from the insurance.

If he has a policy, and if he is a private person or a very small business, then you could offer to do the work of contacting the insurance company and asking them which papers they need. Or, you could just go directly to that insurance company yourself, though it would be better, more diplomatic, to do it in cooperation with your employer.

If you are, for any reason, afraid to ask your employer, perhaps your doctor (who has given you the doctor's certificate) could do this for you.

When a doctor treats a patient for the consequences of an accident, the doctor has to obtain a so-called Accident Number. Usually, the patient's own medical insurance issues this Accident Number to the patient, through the doctor. Sometimes it takes a few phonecalls backwards and forwards between you, your doctor and your own medical insurance company.

Once the Accident Number exists, your medical insurance company will be very interested in finding out the name of the other insurance company, namely the one where your boss has insured you for accidents. That is because your medical insurance company will want to be able to - correctly - pass on the costs of your bills away from themselves, to your employer's accident insurance company.

So, try to get an Accident Number.
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Old 02.03.2015, 22:01
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Re: Accident insurance / salary covered for hourly wage?

Hi All,
Thanks for your comments. He still won't pay. I have contacted the insurance company who are being quite helpful, it is ongoing.
My employer says won't pay me until the insurance company pays him. This will therefore be a separate payment to my salary and will therefore affect all my social charges. I am not sure what to do about this.
Does anyone know where it states on website or something about the law, I have found this but it is not really very detailed: https://www.ch.ch/en/accidents-and-work/. I basically need to state in black and white to him what he needs to do because of course he thinks he is above the law.
Thank you.
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Old 02.03.2015, 22:06
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Re: Accident insurance / salary covered for hourly wage?

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Hi All,
Thanks for your comments. He still won't pay. I have contacted the insurance company who are being quite helpful, it is ongoing.
My employer says won't pay me until the insurance company pays him. This will therefore be a separate payment to my salary and will therefore affect all my social charges. I am not sure what to do about this.
Does anyone know where it states on website or something about the law, I have found this but it is not really very detailed: https://www.ch.ch/en/accidents-and-work/. I basically need to state in black and white to him what he needs to do because of course he thinks he is above the law.
Thank you.
To be fair, my employer didn't pay me until the insurance gave them the money eitherů it took a couple of months.
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Old 02.03.2015, 22:09
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Re: Accident insurance / salary covered for hourly wage?

Quote:
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Hi All,
Thanks for your comments. He still won't pay. I have contacted the insurance company who are being quite helpful, it is ongoing.
My employer says won't pay me until the insurance company pays him. This will therefore be a separate payment to my salary and will therefore affect all my social charges. I am not sure what to do about this.
Does anyone know where it states on website or something about the law, I have found this but it is not really very detailed: https://www.ch.ch/en/accidents-and-work/. I basically need to state in black and white to him what he needs to do because of course he thinks he is above the law.
Thank you.
Contact your local branch of UNIA (they should be listed in the phone book).
Even if you don't like unions, and I'm aware of the fact that a lot of people don't like them, they should be able to advise you of your rights and might even offer to intervene with your boss if necessary.
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Old 03.03.2015, 10:29
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Re: Accident insurance / salary covered for hourly wage?

Quote:
View Post
Hi All,
Thanks for your comments. He still won't pay. I have contacted the insurance company who are being quite helpful, it is ongoing.
My employer says won't pay me until the insurance company pays him. This will therefore be a separate payment to my salary and will therefore affect all my social charges. I am not sure what to do about this.
Does anyone know where it states on website or something about the law, I have found this but it is not really very detailed: https://www.ch.ch/en/accidents-and-work/. I basically need to state in black and white to him what he needs to do because of course he thinks he is above the law.
Thank you.
He is not above the law, he's obliged to pay and your rights have been outlined above already.

It's clear what your rights are and no one will be able to tell you any more than you already know. If you want a confirmation, call the local labor court. Most of them offer a first consultation free-of-charge or at a minimal fee, usually during specific hours during the week, by phone or in person.

He needs to continue to pay your salary as he always has, subject to the same deductions for social insurances and whatnot. It is absolutely not your problem when and how he himself is being reimbursed by the insurance and you are not obliged to wait until he gets things sorted on his end.

I'd give it another week because of what Island Monkey said.

After that, you could technically send him a registered letter to request payment within x days (can be very few) and, if he still doesn't pay, you could pursue that further through a lawyer. Given you probably want to continue to work there, I wouldn't go that route just yet, though.

Again, he has no choice in the matter, he is obliged to pay and certainly not only months later.
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