Unable to do overtime due to RTA.....Help please!

[Knobbers]

I hope someone can give me some advice about this as I seem to be going around in circles.

I had a non-fault RTA back in October 2011, my car was written off and I sustained back and neck injuries. I work for the NHS as a HCSW which is a physically demanding job. Leading up to the accident I regularly did extra Bank Nursing work, between 4-5 shifts a month. I was off sick at first due to the injuries, had physio then went back but only lasted 5 months before I went off again due to the ongoing pain in my back and neck.

I was referred to Occupational Health for more physio, which is still ongoing, was referred to an Orthopaedic Consultant who confirmed my injuries were caused by this accident and to have ongoing treatment.

Now this is where I have a problem.

I have had no choice to put in a special damages claim for the lost overtime, as I have been struggling financially as as direct result of the accident. Payrol have confirmed to the insurance company that I had been doing regular Bank shifts and have given them an average of earnings. Now insurance company want it confirmed in writing that the reason I havent worked these shifts is because of the injuries caused by the accident.

My Ward Manager agrees I am still not fit enough, I am still on regular painkillers and under Occupational Health having physio (I have also just been given another second set of physio session by insurance company) I am just about managing my normal work hours, I am trying my best not to go off sick for a third time.

When I asked my Manager if she would confirm in writing that I have not and still cannot do extra shifts, she told me I had to go through Occ Health.

The Physiotherapist I am beeing treated by in Occ Health told me to contact the manager of that department. I have spoken to him, he said they don't do this.

All I need is someone to confirm, in work, that I havent done overtime because I am unable to since the accident. Its all there in my records since it happened. I even had a discussion just last week with my Manager who is still saying she agrees I'm not physically fit enough.

Honestly, I feel like bloody pulling my hair out. Its a year next month without this extra income. Based on the average earnings I have already lost approx £2,500!

Has anyone been in this position? I don't know who will help me in work just get this confirmed.

Just to clarify, it is not a personal injury claim. It is specail damages for financial losses.

Thank you all for reading my rather long post.

So, both Occ Health rep and Immediate boss agree that you can't do overtime, but both are wary of being the person 'authorising' the claim?

Are you able to get both of them to write confirming personally to you that in their opinion your inability to work long hours is because of the pain arising from your accident but that they feel they are not the person who should take ultimate responsible for making such representations. Then once you get both signatures you could then take it to your HR rep and ask them to sign. HR should be less worried about doing something like that so long as they have all evidence and all are in agreement.

Thanks for replying.

The problem I seem to be getting with my Manager is that she is just not interested. When I spoke to her about it, I just got silence.....Then she told me because I have been under Occ Health, I have to go through them. My physio in Occ Health didn't know if she could do this so passed me onto her manager. He told me that they don't get involved in this sort of thing so don't hold my breath basically.

I did stress to him this was not about a personal injury claim, its for losses incurred.

I just don't know where to go with this, I've lost too much money to let this go.

Would this be something I could take to HR then?

Oh and your first sentence is basically it in a nutshell!

Yes, take to hr team.

Thank you.

Knobbers - several routes with NHS.

Payroll obviously have a record of your regular shifts and could provide details showing you worked until that point.

Occupational health should have provided evidence regarding your fitness to work at some point otherwise your manager took it upon herself to deny you overtime.

I would (sorry it's sneaky) write/e-mail to your manager in some way to get her to show it was her refusal that stopped your overtime. That would be enough to take to HR....

You could write to HR and say you have been refused extra shifts because of the injury but your manager cannot/will not put this in writing.

Oh these things are awful when you are stuck in the middle of them, and coming from the OH side we don't fill out stuff for insurance claims where I work that is a HR job and I am sure it was when I worked in the NHS, memory is a bit hazy on this.

I think that both your manager and OH misunderstood what you asked (I am being kind) but we can get in hot water over these type of things, I recently had an employee who I was pretty sure was making fraudulent claims under his insurance as he was still on full pay, but he had one of these loan protection plans which kicked in after 6 months but HR did the forms with legal and actually he wasn't being from what the form asked for, but I am not legal, but what if he had been? I wouldn't (didn't) understand the paper work.

so how to help you, several ways depending on what the insurance will except, HR, for a start point.
or have you pay slips from before and after?
also OH might have been unhelpful and really I think they should have tried to point you in some direction to help, I see that as part of our role and was drummed into us at work but hay ho, you are allowed copies of you OH record just write a letter asking for copies, include you full name, date of birth, address and sign it, I am surprised that you don't already have copies of the management reports from the doctor already, as Doctor should copy you in and give you the option of reading them before they are sent out.
lastly if you are in a union see if they can help if all else fails.

Thank you for your advice.

I totally understand the reluctance from manager and OH to get involved, its just so frustrating for me as every month goes by, Im a few hundred pound down in my wage. I still don't know when I can do the extra shifts!

But I will look into union and HR Monday.

Thanks again