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Can someone help me- personal Injury & "disability"

3 replies

lostinthemaze · 09/06/2010 11:06

Hi there everyone ( I have namechanged for this)

I hope someone can help me with this situation at work.

I do a fairly physical job and in around a year ago I injured myself in a lifting accident. Ive never been trained in lifting, no risk assessment was done, and basically was expected to do heavy lifting alone. I had raised this as a H&S issue before the injury, as had other members of the team, however management always replied we didnt have the staff for making this a "2 man job" so get on with it.

Anyhow last year I ended up with quite a bad injury to my hand. Alto nothing seemed broken, the tendons are inflamed and badly damaged. I had some time off last year for total rest, however, went back to work with nop Back to work meeting which I had asked for. ON my return my mgr simply said "get on with it we dont have the staff to help you".

My GP has requested they commission an Occhealth appointment for me to ensure a safe return to work- they refused to do so.

I got reinjured again lifting something else. Indeed managers have asked me to move other items ( furniture) with them and I have felt unable to refuse this due to them intimidating me. When I have said I cant do XYZ due to hand I get the rolly eyes or the dagger looks.

I have now seen a specialist who has told me that i shouldn't do anything that causes pain. That includes any lifting, driving, twisting of my hand etc. I have been signed off again for 6 weeks to date with hand pain & anxiety and recently for another month as unfit to work.

I guess what Im asking is do they have to provide an occ health assessment. A gp can write on the fit note no heavy lifting but its hurts to lift a plate or a glass of water, so this isnt what most people think o as "heavy".

I have told them that the equality & human rights commission say this is a disability due to the low weights that I can bear without pain.

I was keen to get back to work on adapted duties but this is not forthcoming from my employer and making me rather depressed.

I hope this is enough information?

thank you in advance to anyone that can help me

OP posts:
chocolateme · 09/06/2010 21:40

Get on to the Health & Safety Executive, it shouldnt matter if its a small firm or not they have a duty of care to provide a safe working environment.

Hopefully Flowery or Ribena will see this post & advise, those girls know their stuff!!
Good luck

seeyoukay · 13/06/2010 22:47

You need to speak to a solicitor as this will turn legal.

If they have no paper work its almost a shoe in payout.

lostinthemaze · 18/06/2010 00:18

thank you for this.

I have asked my employer what they are going to do to get back to work, as Im on ssp at the mo.They said they would contact me about this this week, they havent....

I of course want to protect my hand, so need adapted duties.

I can see other jobs have been advertised on the website that have not been offered to me. Are they meant to offer me these jobs? ( same level, not manual jobs, honestly im over-skilled for them)

Ive sent the forms off to a PI solicitor given to me by my union. I know it can take a long time?

thank you

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