How does employed law work in terms of delay in treatment caused by NHS impacting on sickness record/ability to work?

[Inselaffe]

I was in an accident. I have, as far as I'm concerned, an undiagnosed spinal injury following that. The doctor has found one issue but told me that there is no treatment (since found out not true) and that they can't find anything else. The accident happened in august. Since then I have taken 30 days sick leave, more than I have taken in my entire school and work career combined! The whole process has been exacerbated by living in a poor NHS area. It took me until November to get them to agree to scan me and I am now paying for private treatment because although I can not afford it I would rather keep my job!

My employer has been very understanding, made adjustments etc. The problem is the longer this goes on I get the impression they are fed up, especially as the doctors (all GPS, they won't let me see a specialist) keep giving me different diagnoses but no treatment and no tests (until I asked and pushed for it). I have a work review next week and am dreading it.

A friend who was in the same accident has similar symptoms and is now properly back at work, having been treated appropriately (Private insurance).

I genuinely believe that had I been in a better area this would have at least been diagnosed by now and on the road to recovery. I know that if you tip the scales you can still be managed out, even under DDA. GPs keep offering me more drugs or to sign me off (easy options to keep appointments short) but aren't listening when I'm saying I'm too young and would like a diagnosis and tests! I'm not exaggerating, it's well known in our local area how bad the service is but I've not had to use it before now. I didn't believe the stories until it was me it was happening to.

Has anyone successfully argued to keep their job based on problems in obtaining trtreatment for a treatable injury? I am only 27 and can bear the thought of being managed out of what is my dream job but I definitely haven't been able to perform this year since the accident and I'm knackering myself trying not to get fully signed off (can't afford to be on SSP).

[Millerpup]

If you don't resolve this then there is the problem that you may be classed as too sick too often and unable to fulfill your contract. You are obliged to work so many hours per week, months per year for a salary, thats your contract. Historically i have seen employers dismiss people based on not being able to fulfill their contractual obligations, very rare but does happen.
Your employer has been understanding and you have already taken 30 days sick leave and have returned to work obviously not fit and indicating that you may need more time off.
I have never heard of anyone using problems with obtaining treatment for a treatable injury at a hearing and i would personally be careful as your employer could request (with your consent) your medical records and it will be the content of these that he will make a decision on if ever your job was at risk.

[Inselaffe]

Hi millerpup, thanks. Is it very often that employers start proceedings generally? I feel it is so unfair to me personally although I know they need a fit employee as we were hit by a drunk driver who walked away uninjured (I have no idea how given the nature if the crash). And then the delay and incompetence in my treatment (I have it on record that th hospital lost my files, adding three weeks into the scan process). I have taken the view that if I'm fit to do something then I should be doing it but then is it better to be fully signed off until I am 100% treated? That could take months unless I bankrupt myself to pay for it. I have a court case against the driver to reclaim costs but obviously these things take time.

[JeanSeberg]

How long have you worked there?

[Inselaffe]

2.5 years on a permanent contract.

[Primaryteach87]

Why not ask your employer if there is any occupational health you can access. I also think they would be reassured simply by you stated what you have here- that you want to get the right treatment to be able to get back to work! That way you have them working with you and on-side.

[Inselaffe]

There is an occupational health doctor who was the one who alerted me to how appalling my care was. He said he considered me undiagnosed until they did (insert list here), which they still haven't done. He won't see me again until it is complete. I have expressed this a few times to my boss, who I get on very well with. His response was "good!" When I said j was gutted to miss out on a few opportunities. .. He is assured I am desperate to get back, the problem is I work in a pressured environment so it is having an effect on my colleagues and they can't afford to be understaffed forever, which is what is worrying me. It really is my dream job, whiwhich I guess is why I care so much.

[BerniceBroadside]

If your gp won't refer you consider either a private referral or changing gp?

Also, as you have a claim going already speak to your solicitor. Sometimes the defendant's insurer will pay for physio etc. They may also be able to fund other investigations or treatment as it's in their interest to get you well ASAP.

[Millerpup]

It sounds as though your boss is really understanding, so i doubt very much if you will be taken down the disciplinary route. However it is really important that you communicate with him and inform him of progress you are making. Its also important that you let him know what aspects of your job you are finding difficult. Come up with some alternative suggestions that may work for him and you and in addition show your workmates that your not slacking but really trying.
Its difficult to give advice without knowing exactly what you do and how your employer is understaffed even though you are there.

[Inselaffe]

Thanks millerpup, I am relieved that everything you are suggesting is something I have already done :) they are understaffed because we are understaffed generally, so I am only capable of working my contracted hours when normally I was working 10 or 12 hour days and also being a lot faster with my tasks. I make mistakes now, due to medication, so go slowly and need my boss to check any legal documents I am sending out etc.