Employment problem where do I stand - long

[chloemummy]

I have carpal tunnel which has been diagnosed in 2007. Employer eventually got me an ergonomic keyboard. Recently I have been having bad pains in my forearms and shoulders. I told my employer this andthey went on the defensive - what did I want them to do. Making me come up with the solution so that I feel like the villian. I work for barristers. They have meetings with me and dont put anything in writing so I dont know where I stand. They have never done a workplace assessment. I asked them to get someone in to do one but they dont seem to want to do it. Now they want to pay for a private app. to occupational health which their lawyers suggested. Can anyone tell me what sort of procedures they should be following. I told my boss I wanted to sign the accident book - he said that they would take my email as that..

Bombarding me with questions as what does my dr say what does my consultant say..... They ahve stressed me out so much I thought about going sick but at the minute they are talking to me. I have been in my job 9 yrs. I only told them because I think I have rsi but not confirmed yet... HELP I really dont know what to do. My colleagues at work are distancing themselves as I reckon they are all scared of losing their jobs... It is really getting to me. They dont seem to have any procedures in place and I am stressing myself out trying to find the solutions to the probs.... They are focussing on my work related injury...

I cant afford a solicitor. They have meetings with me two of them and then they get me in such a state that I cant remember what happens at the meeting. Please help someone and put it into perspective. Thank you.

How did you get on?

Callme - he seemed a very nice doctor. Did not believe in rsi said it was something that came in from oz... said he would recommond them ahving an assessment he knew a good physio who could come and do it. am in a lot of pain. in neck and shoulders. asked me to show my range of movements - siad I needed antiinflammatories, rub arnica into my shoulders. Agreed with my theory about not a problem in the wrist but in the neck and shoulders. Said I either should continue with AT or have physio. Showed me an exercise to do. Positive overall. did not ask me for permission to talk to my dr, did not sign anyway. Just about the money side and they said to sign self referral and I put next to it that my employer was paying.

glad it went well

Ok the term "RSI" has fallen out of fashion/use, but to say he doesn't believe it exists

Okay the "pain" I felt could have been psychosomatic (but I doubt it...) however you could see the huge lumps on my wrist & I could feel the tendons "clicking" when I flexed my fingers, my hand would go cold/white & I'd get pins and needles, I guess I was just making that up then... {rolls eyes}

Betsyboop thank you for your support. I said to the OH in the end that I did not care what he called my condition - in the end limitation in my neck and shoulders! I even took a book with me "it is not carpal tunnel". He agreed with my theory about it possibly being a nerve compression in my brachial plexus - said he had read the book - the book is all about rsi....

I would like to reply to

TBH - we usually only send people to the OT to confirm a diagnosis rather than ask for full disclosure of medical records.

Are you sure that is right as the referral form states that OH "are unable to provide treatment or diagnosis"?

Again in response to this

it is actually perfectly normal for the Occ Health to want to see your medical records. This enables them to see the clinical diagnosis and the investigations/treatments you have received, which in turn makes the report better.

What happens if the GP is not consulted, though permission is given, and employers rely soley on the OH report?

one final question I have in response to the thread below

The important thing to bear in mind is that agreeing to Occ Health seeing your medical records does not mean that your employer will see them- Occ Health will just use it to help write the report and then your employer sees that report. This should happen as a matter of course, and you might find that the consent you are being asked to sign makes this clear. However, if not (or if it makes you more comfortable), you can add onto your consent that you are only allowing the Occ Health to see the records and do not allow your employer to do so.

If you have requested the GP report and stated you do not want your employer to see it then no GP report is received can you assume that OH did not consult with GP?
It is all very confusing whilst reading about the new fit notes the article stated

"Provided OH has actively considered the GP's advice and can give specific reasons for disagreeing with the GP, will employers be justified in relying on what OH says?

Good question and here's another

if OH have not consulted the GP, the employers have not implemented the risk assessment the OH suggested and as referral form clearly states OH cannot diagnose then how can only the OH report be used by the employer?

I thought the whole thing was clear until I read this thread and new sick note article now it is just as unclear as before now.

Any help gratefully received. Is the friendly lawyer out there........or Tony Williams or Carole they all seem to have found clarity on these issues.

In my experience the OH report is for the employers use and as such they make the referral for their employee to investigate how to get employee back to work or as last resort ill health retiral. Neither employer or employer has to take the advice given by OH on board but obv be silly not to. Your GP is concerned with the patients welfare and may not be aware of wider implications regarding fit note and how it can be applied in the working environment e.g if GP stipulations certain conditions have to be met and they can't be accommodated as is my case. As a result I am on redeployment register and if a job can't be found for me within a certain timescale I will be out of a job. Hope someone more knowledgable comes along to answer any other questions you have as this is based on my personal experience only.