Fleet law question: unable to recover injured driver's wages

One of our drivers was off work for three months after being injured in an accident. Being a responsible employer, we paid him throughout even though he was only entitled on his contract of employment to one month’s wages. I was astounded to learn that we could not recover these wages from the driver who caused the accident. This seems totally unfair. MCP Ludlow

The roadside lawyer answers:

Unfair possibly, but you have been correctly advised in principle.  The reason for this is that so far as the driver’s injury claim is concerned, this does not affect you so if he has a kind employer who pays his wages throughout, he has no loss of earnings. 

This can be remedied in two ways.  First you can pay him strictly what he is entitled to receive under his contract of employment and nothing more.  However you can then loan him a sum equivalent to the net wage he would have received had he been working but this should go through the payroll.  He then has a genuine claim for loss of earnings and can repay the loan if and when his claim succeeds.

Alternatively, your company when amending the terms of the contract of employment can make the employee contractually liable to recover on the company’s behalf ALL wages/salary received during a period of absence due to the negligence of others.

This type of arrangement usually features in the contracts of employment of civil servants (and lawyers) but is underused elsewhere.  Either speak to your company lawyers about this or a Crashguard Panel Solicitor could advise you but this is not covered by any legal expenses insurance policy so an additional charge would be payable.

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