not sure what to do

[SpringerSpaniel]

Re: not sure what to do

1.) If you were advised / represented by a solicitor or other adviser, and they did not handle your claim correctly or gave you incorrect advice, you can sue them for negligence and you have six years form the date of the alleged negligence or of becoming aware of it to bring your claim.

2.) As for the Protection from Harrasment Act, the landmark case of Majrowski , which Bluebottle mentioned confirmed that this legislation CAN be used in respect of behaviour in the workplace: it concerned homophobic bullying in an NHS hospital. This has the advantages that i) there is 6 years to bring a claim, as opposed to 3 months in the employment tribunal; ii) it is easier to prove than a personal injury claim, as the emphasis is on the conduct occuring, and whether it caused you 'distress and alarm' rather than on developing a specific medical condition which it may be argued you may or may not have had before.

3.) You should contact HSE about the hazards in your former workplace and health problems you consider linked to them, especially if Industrial Injury Disablement Benefit was awarded to you in respect of them. HSE have powers to prosecute employers for health and safety breaches, which are often criminal rather than civil matters.

[lostfaith]

Re: not sure what to do

Hello

About HSE, if I wrote would it affect claim

Would I need tell them each date of each accident and illness

Yes I got the benefit, first accident, refusal was made not to put in the book, manager went straight back on phone ignoring me, after that not even she refused to speak to me not even good morning or good bye. I was registered twenty percent disabled from both accident which they ruled in my favour as two separate injuries despite not being told about Industrial Benefit twelve months after because solicitor did not tell me about it, and they ruled in my favour some 13 months after medical expert said I would be better. They said depression was from being forced out of a job

The cleaners were blamed for second accident for moving broken chair which they were told not to move in my absense., no assessment on broken chair and refusal to report and then I dropped five reams of paper which I should not have been lifting and used common sense but was stopped even when trolley not there and told them I would be going back to my GP they said what ever for and still refused to put second accident in book

Two people who were at PHR did not join till after first accident. and were speechless at PHR They did not consider me disabled considering DWP wrote some time after to them , the DWP ruled in my favour The judge at PHR even said The claimants accidents!
Should I be applying for ESA because GP said I should resign and I am unable to work for some time?

[lostfaith]

Re: not sure what to do

Hello

About HSE, if I wrote would it affect claim

Would I need tell them each date of each accident and illness

Yes I got the benefit, first accident, refusal was made not to put in the book, manager went straight back on phone ignoring me, after that not even she refused to speak to me not even good morning or good bye. I was registered twenty percent disabled from both accident which they ruled in my favour as two separate injuries despite not being told about Industrial Benefit twelve months after because solicitor did not tell me about it, and they ruled in my favour some 13 months after medical expert said I would be better. They said depression was from being forced out of a job

The cleaners were blamed for second accident for moving broken chair which they were told not to move in my absense., no assessment on broken chair and refusal to report and then I dropped five reams of paper which I should not have been lifting and used common sense but was stopped even when trolley not there and told them I would be going back to my GP they said what ever for and still refused to put second accident in book

Two people who were at PHR did not join till after first accident. and were speechless at PHR They did not consider me disabled considering DWP wrote some time after to them , the DWP ruled in my favour The judge at PHR even said The claimants accidents!
Should I be applying for ESA because GP said I should resign and I am unable to work for some time?

[lostfaith]

Re: not sure what to do

Wish I found this forum two years ago

[lostfaith]

Re: not sure what to do

Would any one be able to help me draft a letter please

[bluebottle]

Re: not sure what to do

Hello

About HSE, if I wrote would it affect claim

Would I need tell them each date of each accident and illness

Yes I got the benefit, first accident, refusal was made not to put in the book, manager went straight back on phone ignoring me, after that not even she refused to speak to me not even good morning or good bye. I was registered twenty percent disabled from both accident which they ruled in my favour as two separate injuries despite not being told about Industrial Benefit twelve months after because solicitor did not tell me about it, and they ruled in my favour some 13 months after medical expert said I would be better. They said depression was from being forced out of a job

The cleaners were blamed for second accident for moving broken chair which they were told not to move in my absense., no assessment on broken chair and refusal to report and then I dropped five reams of paper which I should not have been lifting and used common sense but was stopped even when trolley not there and told them I would be going back to my GP they said what ever for and still refused to put second accident in book

Two people who were at PHR did not join till after first accident. and were speechless at PHR They did not consider me disabled considering DWP wrote some time after to them , the DWP ruled in my favour The judge at PHR even said The claimants accidents!
Should I be applying for ESA because GP said I should resign and I am unable to work for some time?

You can contact HSE via their website at www.hse.gov.uk. Whether you should be applying for ESA is a matter that needs to be decided according to how your day-to-day life is affected. If DWP have ruled you are disabled, enquire with them about Disabled Living Allowance. The contact telephone number is 08457 123456. For ESA, ring 0845 6036095, option 3. Please be aware that DWP staff are, on the whole, very helpful. ATOS are $%&@&&!

[lostfaith]

Re: not sure what to do

I assume ATOS same people who do Industrial Injury Reports?
As she did not report it and he refused to report, is that a serious issue? Can they still be fined even after two yeass?

If it went civil route and he lied about it under oath could he be arrested, everything is all the truth I have said and if nothing happened I would have remained employed with them

[lostfaith]

Re: not sure what to do

I asked current solicitors if I should do breach of contract earlier this year given longer time periods too, asked if I should have another MRI as been told it is improving, to solicitor, if coming of anti depressants all to solicitor, no questions answered, not even answered question when first started if I should do employment route, he did not answer question but said he would factor stress in but now she has taken over and not answering questions - is this bad?

the MRI on first accident was done some 18 months after first accident not before - ought former solicitor have arranged when claim first started or is it normal when admission liability made, but I was still forced lifting from first accident to that date and my GP said it can be caused through lifting.

[bluebottle]

Re: not sure what to do

I'll deal with the points you've raised as far as I can.

Perjury first. If a person lies under oath in ANY court, it is perjury and it is up to the judge presiding over the hearing as to what happens in such instances.

With regard to you being made to lift, despite your GP saying "No", did your employer seek an occupational health assessment before you returned to work? It is a serious breach of health and safety at work legislation to ignore the advice and instructions of a medical professional as regards a person's fitness to work and a further breach to not conduct a risk assessment, which is what an occupational health assessment is. It can also mean that if you returned to work after a long period off sick and your employer did not seek an occupational health assessment, it may be that they invalidated their Employer's Liability Insurance by doing so. It is a criminal offence to employ people without a valid Certificate of Employer's Liability Insurance being in force.

[lostfaith]

Re: not sure what to do

First occupational health assessment - in person - mother present

• I saw someone a month after the accident. My mother was present
• He advised them no lifting over 5 kilos, and no lifting or bending
• He advised them to perform manual handling training
• He referred me to physiotheraphy

* Manual handling training only a question and answer session no video even shown and not told how to turn with my feet - we were only asked what is a risk assessment, basic slideshow
conducted some 3 months after first accident, none before it not even 2 years prior.
* Still forced to lift paper, in excess 13 kilos, this was too low down in cupboards, using common sense took 250 sheets out a time but was stopped
* No step ladder, cushion, adjustable in height trolley provided.

Second occupational health assessment - in person - mother present

• I saw same doctor three months after the first assessment. My mother was present
• He advised them I was in worser state than before, referred me for MRI

Third occupational health assessment - no assessment

• Done some thirteen months after second in person assessment, they did not like his reports who saw me in person
• Failed to advise anything except no standing for long periods
• Said I was better without an assessment

Reporting of second accident to quote I will ignore you because report says you are better - but it did not say that.

[littlelady]

Re: not sure what to do

If I may raise a point, the Protection from Harassment Act 1997 may provide the OP with some ammunition. Also, the Court of Appeal ruling in the case of Mjrowski -v- Guys & St Thomas's NHS Trust 2005 may have some clout. If the OP were to launch a claim under Section 3 of the PHA, this would give them six years to claim and the Limitation Act 1980 does not apply to psychological injury (Section 3 refers). Hope this of some help.

I can certainly empathise with OP. I was over a period of 3-4 years subjected to systematic bullying due to being diagnosed firstly with endogenous cyclical depression and then with diabetes. I was forced to return to work early and after just 3 days knew I could not cope. I was then off for 5 weeks and even took the 1st week off as annual leave. Day before due to go back a letter was hand delivered at 7pm [no knock]. It simply said my employment was terminated as I was not up to the job!

[lostfaith]

Re: not sure what to do

I think it was wrong no assessment in person on last one and also her failure to come to visit me at work and also no one in HR phoned me to find out what upset me, sick note with stress was acknowledged and deliberately put 3 years out of date on ET3 - before they joined and before I was made permanent by the firm, I also think it was wrong still forced to lift even after the first doctor assessment still said no lifting - they argued I was not bending or twisting when in fact paper ridicuosly low down and impossible to lift up when other empty cupboards out of stock

[Hurricane Puffrose]

Re: not sure what to do

Hello Lostfaith,

I noticed in your posts you said you are deaf, and that you are having issues with your hearing aids.. Do you know you can apply for a textphone via Social Services?
My neice Cait is profoundly deaf, so I have a lot of dealings with the RNID. Please accept this link regarding the phone, and please dont be offended that I have posted it. Also have you got the Loop in your home. if not, I will look up who you need to contact regarding this, anything to make someones life easier

http://www.ricability.org.uk/consume...t_a_textphone/

[lostfaith]

Re: not sure what to do

Hello

Many thanks, no offence was given in your post, useful in fact, thanks, it is a shame they came back a week late from repair for the employment side of it - it is a shame it is only three months for an employment matter, I had not been advised minus one day when I approached prior to my resignation but someone ceased trading

It makes me angry they knew of the stress yet deliberately lied about it - obivously the bullying has been denied so they keep their jobs, I said I am not thick, my manager said but you are. he denied he said that, it is a shame police or crime stoppers can't be reported to for the perjery.

Sought counselling advice she confirmed nervous breakdown due to bullying - went back to college got distinction in Accounts/Microsoft Office diploma.

[lostfaith]

Re: not sure what to do

The ombudsman gave me letter for those people who failed to tell me minus one day in employment matters so I got it checked and sent so I'll give a week and send to ombudsman again.