advice on workplace injury please

[Hurricane Puffrose]

Hiya guys,

more workplace woes. Firstly apologies for typos, I am having to type this one handed as I have one hand braced up and am unable to use it properly.

About 4 months ago I complained to my TL (for want of a name, Mary) that I was having shooting pains in my right wrist, and asked if it was possible to get some help, maybe a mouse mat or a new mouse, as it was starting to bug me, I was told that she would look in to it, I also said I have been having backaches, but right now its the wrist thing thats really problematic.

I complained a few weeks later than this pain was becoming more intense and was told "Oh yeh you said something about your wrist didnt you?" When nothing materialized from this I asked another TL (lets call her Jane) about being assessed for some help. I was told "You need to ask Mary!"

In the coming weeks I constantly asked and complained about the pain becoming increasingly bad, to be told "Oh you are always on about your wrists!" TL then went on to talk about her upcoming holiday as if I had never spoken. Other Team members have said I am in a lot of pain, to be told "Yes, I know I'm looking in to it!"

Last month at my evaluation I again, formally to be recorded, asked for a risk assesment as I felt the equiptment I was using was worsing this problems. I was told "Well if thats the case, you will have to reasses if this is the job for you!"
I said this was irrelevent as I was simply asking for a mouse mat and was told "Oh well I will have to look in to that when I get back off holiday!"

I then complained to a futher 2 team leaders (lets call them John and Lucy) who told me to ask Mary again! When I told them what Mary had said about reassesing my carrer John shrugged and said "about right" and Lucy gasped it was "terrible" but told me to ask again for help.

I went on holiday and all the pain eased for a week, it was bliss, I got back and started work and got the most horrific shooting pains through my wrists again! I complained to Mary who sighed "Oh I know love, it must be horrible!" and proceeded to cut pictures of her boyfriend out to make a collage, showing me a picture of her daughter as she is beautiful.

On Tuesday the pain was out of this world, they rate pain scores from 1-10 (10 being unbareable and you just want to scream) I rated mine at about an 8, and it was constant, tried to ring in sick but there was no answer so in I went, told Mary who said "Oh its up to you if you stay or not, I cant tell you to go home!"
I decided to try again and said "Look I'm desperate, when am I going to have my risk assesment?"

I was told that she would "Look in to it" after her holiday (she will be away for 2 weeks) and that I should start work and see how I went.

At 10am I went on break, popped to the ladies and a well meaning friend came up and took my right hand and squeezed it whilst saying hello, I saw stars and bit back a scream until she tried to lead me to the coffee machine, when I did scream out in pain and break down in tears as paracetamol just wasnt cutting it.

I got rushed in to an office where our first aider had a look and said "A&E now" then called my husband to come and collect me. I went in and was told I had tendinitis,possibly carpel tunnel. my wrist was 3 times too big and bright red, the pain was incredible and I have been doped up on painkillers (now im on Naproxen and it's barely touching the pain) and in a wrist brace to try and protect it. Work basically have ignored me for 5 days, no contact nothing, and now want a resolution date for me to be back. The doctors words were "We will start at 2 weeks off, from today!"

Naturally I am unimpressed to say the least, so I have the following questions.

1) can I be disciplined for absence if this injury is work related?
2) can I refuse to use a mouse/unmodified equiptment as there is no way I am going through this ever again.
3) I have been told I will need skeletalmuscular therapy and investigations (whatever that means), can I be made to work back time I need to attend appointments?
4) If I make a claim for damages, as I am loosing money and mine is the only income we have, can I be "helped" out the door?
5) can I claim my wages as I have asked on numerous occasions for help.

thanks for your time people

The One Armed Bandit!

[Hurricane Puffrose]

Re: advice on workplace injury please

bumping.

[des8]

Re: advice on workplace injury please

Hi.... I'll try, and in doing so will bump your post.

Has this been diagnosed as a Workplace Musculoskeletal Disorder/ repetitive strain injury?
If it has you should make a complaint (Jb will ask you to post up your firms complaint procedure),
You may then wish to claim compensation to cover losses suffered because of the injury

To prevent strains in the workplace the employer has to understand that he has a responsibility to his workers to supply properly designed equipment so they do not contort their bodies, nor stress their bodies through overwork. To have a successful claim you will need to prove your employer was aware of the risks to which you were exposed and didn't take any measures to reduce the risk or to prevent it.

Don't want to cheer you up too much, but are you aware you could be off work for a considerable time and might even need surgery?

Hopefully others will now pick this up for you

[Kati]

Re: advice on workplace injury please

Just bumping your thread up again.

I'm sorry I have no words of advice for you, but I hope you get better very quickly!!!

Kati x

[Johnboy007]

Re: advice on workplace injury please

Hi.... I'll try, and in doing so will bump your post.

Has this been diagnosed as a Workplace Musculoskeletal Disorder/ repetitive strain injury?
If it has you should make a complaint (Jb will ask you to post up your firms complaint procedure),
You may then wish to claim compensation to cover losses suffered because of the injury

To prevent strains in the workplace the employer has to understand that he has a responsibility to his workers to supply properly designed equipment so they do not contort their bodies, nor stress their bodies through overwork. To have a successful claim you will need to prove your employer was aware of the risks to which you were exposed and didn't take any measures to reduce the risk or to prevent it.

Don't want to cheer you up too much, but are you aware you could be off work for a considerable time and might even need surgery?

Hopefully others will now pick this up for you

Hi,
Des is absolutely right, that's exactly what I would ask.:tinysmile_twink_t2:
You need to have copies of all the company procedures, and a copy of your contract of employment.
These are important documents, which you may have to refer too.

First question......
How long have you worked for your company?
Do you have a computer with a mouse at home?
In the four months up until the time you went to A&E, how many times did you visit your doctor?
Have you put your request for a mat or other equipment in writing to the company?

Now to answer your questions.
1,
You cannot be disciplined for an injury that is work related, unless it was caused by your neglect, or was self inflicted.
However a company can dismiss you, if your absence from work is for too long a period.
2,
If there is evidence that any equipment is causing, or aggravating a work related injury. Then you can refuse to use it.
A company has a duty of care for their employees.
3,
You should check your terms and conditions in your contract of employment
In general there is no statutory right for employees to take time off work to attend medical appointments such as visits to the doctor, dentist or hospital and, subject to any contractual provisions, time off in these circumstances is at the discretion of the company.
4,
First you need to prove that the injury has been caused by your employer, before you could even start to think of claiming.
If you have been employed at the company for under two years, your company can dismiss you, and they do not have to give a reason. There are some exception to this rule.
5,
Unless your company pay for sickness absence, then you may only be entitled to statutory sick pay.
Can you prove that you have asked for help on numerous occasions?

Below is a file on Health & Safety in the workplace.
I suggest you read it, and it will help guide you on what an employer must do for you, and what you must do for your employer.

[Hurricane Puffrose]

Re: advice on workplace injury please

Hi,
Des is absolutely right, that's exactly what I would ask.:tinysmile_twink_t2:
You need to have copies of all the company procedures, and a copy of your contract of employment.
These are important documents, which you may have to refer too.

First question......
How long have you worked for your companym Nearly 18 months
Do you have a computer with a mouse at home? no, i have a laptop with a touchpad
In the four months up until the time you went to A&E, how many times did you visit your doctor?none, but I had made a doctors appointment the day that my hand swelled up about 3 times too big, didnt attend as I was in A&E
Have you put your request for a mat or other equipment in writing to the company No as I was told that this had to be done verbally.
Now to answer your questions.
1,
You cannot be disciplined for an injury that is work related, unless it was caused by your neglect, or was self inflicted.
However a company can dismiss you, if your absence from work is for too long a period.
2,
If there is evidence that any equipment is causing, or aggravating a work related injury. Then you can refuse to use it.
A company has a duty of care for their employees.
3,
You should check your terms and conditions in your contract of employment
In general there is no statutory right for employees to take time off work to attend medical appointments such as visits to the doctor, dentist or hospital and, subject to any contractual provisions, time off in these circumstances is at the discretion of the company.
4,
First you need to prove that the injury has been caused by your employer, before you could even start to think of claiming.
If you have been employed at the company for under two years, your company can dismiss you, and they do not have to give a reason. There are some exception to this rule.
5,
Unless your company pay for sickness absence, then you may only be entitled to statutory sick pay.
Can you prove that you have asked for help on numerous occasions?

Below is a file on Health & Safety in the workplace.
I suggest you read it, and it will help guide you on what an employer must do for you, and what you must do for your employer.

thanks for getting back to me answers in blue
a couple of tls were so disgusted that I was taken so bad they have said they will back me 100%

[Johnboy007]

Re: advice on workplace injury please

thanks for getting back to me answers in blue
a couple of tls were so disgusted that I was taken so bad they have said they will back me 100%

Unfortunately, as you haven't worked for the company for at least two years, they can dismiss you, and they do not have to give a reason.
As you have not put any request in writing and you haven't visited your GP, it is going to prove extreemly difficult to prove that the company's property, was the cause of your injury.
If you rock the boat too much, they may dismiss you, so be careful.

[Hurricane Puffrose]

Re: advice on workplace injury please

Hi.... I'll try, and in doing so will bump your post.

Has this been diagnosed as a Workplace Musculoskeletal Disorder/ repetitive strain injury?
If it has you should make a complaint (Jb will ask you to post up your firms complaint procedure),
You may then wish to claim compensation to cover losses suffered because of the injury

To prevent strains in the workplace the employer has to understand that he has a responsibility to his workers to supply properly designed equipment so they do not contort their bodies, nor stress their bodies through overwork. To have a successful claim you will need to prove your employer was aware of the risks to which you were exposed and didn't take any measures to reduce the risk or to prevent it.

Don't want to cheer you up too much, but are you aware you could be off work for a considerable time and might even need surgery?

Hopefully others will now pick this up for you

I have been told it's "Highly Likely" that this is a RSI.

I am fighting to get back to work, but I can barely hold a cup atm, and work havent bothered contacting me at all. I had one call from "Jane" asking if i was ok and for a timescale, but it's me calling in reminding them that I am even alive!

I have been told that if my Doc is right, its highly likely i will need surgery.

[des8]

Re: advice on workplace injury please

RSI is a well known work related injury.
There is medical proof you are suffering from it (A&E records of which your GP might have a copy).
If you are off work for more than 7 days this injury should be recorded in the accident book.

As Jb pointed out, as you have been employed for less than 2 years, you can be dismissed without any reason being given, so you probably don't want to rock the boat.
However this does not stop you collecting any available evidence, so if dismissal is their reaction you are better positioned to claim.
As there is strength in numbers. have any of your colleagues doing similar work had any problems?

Here's a site you might find useful http://www.rsiaction.org.uk/rsi-cond...rom-employers/