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Discrimination after an accident at work?

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  • Discrimination after an accident at work?

    Last Wednesday I had an accident at work. From what I recall (as i may have blacked out) I was in the kitchen and there was another person present, however i don't recall who they were. I was stirring my coffee and all of a sudden i have this horrendous pain in my head and the person next to me gone. I believed to have been hit in the head by the over head cupboard.
    I was taken to a&e by my manager and later that night i had to return to a&e to have a ct scan as my symptoms had got worse. I was told ct scan was clear and that i was suffering from bad concussion. This resulted in the next 2 days absent from work.
    Today i returned to work to be questioned by my manager and the health and safety leader. i was lead to the kitchen and was told to show where and how the incident happened. As i did this i was told in front of my manager that this was impossible as i was too short to have been hit by the overhead cupboard and the health and safety guy wanted a private chat with me. We went into a private room and he asked me if i was ok and if there was anything going on he should know about? I said no, i wasnt 100% sure on what happened but i was recalling what i believed to have happend. He said it was impossible for the cupboard to have hit me because i was too short. he then glared at me and asked about my medical history. i replied that i suffered from bipolar disorder, to my horror he said well does that mean you self harm? in shock i replied no of course not (as this wasnt the case at all, i have never self harmed) he just glared at me and said well it is impossible from what you have said for it to have happened, so do you? I didnt know what else to say apart from this is how i recall it but it isnt clear as after all,i did hit my head.

    I was then taken into another room with my higher manager and my main manager about 30 minutes later. My high manager said she had been very concerned about what had happened to me but since evaluating the situation she doesnt believe what i said was a true statement and that it was a breach of conduct. she suggested that i was to go home and think about what really happened in order to tell them what really happened as clearly i didnt want to work there.

    i have spoken to my job agency since (who i have been employed through) and my main manager has spoken to them giving them her concerns about the breach of conduct and that she doesnt believe what i am telling her. We have decided to part ways, as after all i feel really uncomfortable going back to somewhere that thinks im a liar/self harmer.

    I feel like i have been mistreated, i had hit my head at home earlier that morning which work were fully aware of. Instead of trying to piece together how else it happened i was just shot down and told i was lying because it was proven it clearly wasnt the over head cupboard that had caused it. so why wasnt it looked into how else it couldve happend? maybe i blacked out and hit my head on the side? who knows. BNasically i have been accused of doing it to myself because i suffer from bipolar. to make matters worse, because there are no witnesses and no one has owned up to being in the kitchen with me, it has made matters worse.

    please help as i am now looking for another job through the agency but i have no money. left with 2 days unpaid due to concussion and loss of hours today after being sent home
    Last edited by smadge87; 14th March 2016, 19:42:PM.
    Tags: None

  • #2
    (Responding to post for training purposes only. @Celestine)

    It is the employer’s responsibility to understand the workplace accident, take the right measures, and provide the employee with relevant accident at work compensation.*Thus, it is necessary to give an employee all the support needed to get back on his or her feet. Many a time, employees who have had an accident at work need to take leave and time off to recuperate from their injuries. In a situation like this, it is highly important to provide employees with adequate relief measures. As your employer has not supported you and you feel that they have in fact caused you more stress by implying that you have lied about the situation, they have 1) not taken your accident seriously and 2) have not fully supported you in the process of investigation.

    A failure to properly investigate might be enough for you to make a constructive dismissal claim. This type of claim arises when you feel that you have had no choice but to leave the company.

    *
    I am a law student undertaking work experience on the LegalBeagles forum. My advice is from my own experience only and is given without liability. If in any doubt, please contact a regulated and insured legal professional to seek further advice.

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