No job to go back to?

LilacLillie

My son had an injury at work at the end of last November:
He was treated by the first aider, recorded in the accident book, then taken by first aider to hospital.
He then had to have weekly sessions of physio on his shoulder (injury site) and was told he couldn't return to his job for fear of long term permenate damage (he's 27).
He told his employer (Supermarket chain, beg: with T), what the doctor said, and asked for other duties untill his injury repaired. He offered to do any other work (he used to work in stock control, office based, and can do most things in the store, just not heavy lifting).
They said there was no other jobs available in store, so he'd have to go on sick leave. He wasn't even paid for the time he had to leave work to go to the hospital, when it happened.
The damaged to his shoulder turned out to be much worse that first expected, he is still having on-going treatment at the hospital.
The company have been paying him only SSP, the whole while, which I thought unfair seeing as it happened at work. It has put him in debt with the bank and he's living basically off of us!
He returned to work this week, and was told he had to do the job that caused the injury, even though he had a Dr's letter saying it could damage his shoulder.
They have asked him to resign. The Dr told him not to, has signed him off sick for 2 more wks, and told him to ask company to put it in writing his options (e.g. resign because they have no position fit for him). Its been over a week now, when he rang and asked again for a letter, they said they don't have to put ity in writing as they've told him what he should do.
My son is now in a tizzy.
This week he has contacted one of the accident injury compensation places. They say he has a good claim, as it happened at work and is all recorded. Problem is the claim could take 2 yrs, then no guarantee that he'll be compansated.
He asked at job centre about signing on, they said since he has a job he would be making himself unemployed and be disqualified from benefits.
Anyone have any ideas about what to do in this situation??
Thanks in advance
LL

hjb123

Is he in a Union? This sounds a bit like how I was made to feel when I left my job a year or so back through illness - though mine was through CFS and not an injury through work!

They werent very forthcoming with options.

Has your son sought help from the Citizens Advice Bureau? I think he should do pretty sharpish if he hasnt already - his employers shouldnt be able to do this - and should put it in writing! These big companies (which is what my ex employer was) bully their employees into feeling worthless and out of a job!

donnalove

could resign, as being forced to give up work,then go for constructive dissmissal

Savvy_Sue

Can ACAS help?

Also, if this is a long term injury, might that move him under the protection of the Disability Discrimination Act?

LilacLillie

Savvy-sue, good idea there. I recently registered my hubby disabled, after reading that Diabetes is classed as one, seeing as it isn't going to go away in the next 12 mths. There are no financial benefits involved, nor was he looking for any. If his employers ever pull a fast one like what is now happening to my son, hopefully he'll be protected.
He works full time and wouldn't class himself as disabled, but if any diabetic related illness/treatment prevents him from work (days off for 3mth blood tests, 1/4 yearly visit to see Hospital Dr, special appointments at hospital for eyes and feet etc:), his employers can't get funny with him because of his disability status. He works for a local council, any time off over 11 days per year and you get called in and pulled 'over the coals', then treated like a liar.
So yes, that's a good idea about my son getting a mention on the register for future reference, and I hadn't thought about. Thanks
LL

LilacLillie

I think that's why the Dr was telling him to ask for it in writing. But if he can't it would be very difficult to prove what he's been told, so can't imagine he'd then have a case.
LL

donnalove wrote:

could resign, as being forced to give up work,then go for constructive dissmissal

alice's_mum

LillaLille would recommend son contacts a local solicitor who can deal both with his claim for his injury, most good reputable solicitors will not charge and will do this on a "no win no fee" and won't then take a % of any proceeds as many of these Claim companies will. And also get them to write to sons employer regarding his job situation, if the company get a letter from a solicitor it is surprising how much this focuses their minds, especially as this will be dealt with by Head Office and not just the store your son worked in. You may find Head office will NOT be impressed by the dealing of the local store management. This is a big company and have lots of sites, surely there must be a job in another store. Get him on any disability register as suggested and put it to them that by employing him they are meeting their requirements to employe disabled people!!! BUT get intouch with a good solicitor near you and and make sure it's all done on a no win no fee. If the first you try won't, go to the next one and tell them how much you've been quoted by the firm x. At present would suggest keeping son signed off sick by Dr and persue this ASAP. GOOD LUCK

Fleago

Hi LilacLillie,

It's a very good idea that your son seeks help for his circumstances with reference to the Disability Discrimination Act. However, the Act did away with the old style registering as a disabled person. Now a person will be considered disabled under the Act if they meet the definition of Disability laid down by it and you will not have to do anything "offical" about it, such as registering. Have a look here and see if this definition applies to your son http://www.drc-gb.org/knowyourrights/aboutyourrights.asp They also have a helpline you can contact for advice, see here http://www.drc-gb.org/whatwedo/helpline.asp

Hope this helps, and good luck to him.

Fleago

ohreally

LilacLillie wrote:

I recently registered my hubby disabled

Registered with who? I didn't think this was still done nowadays.

LilacLillie

Local council. Was told about it at a Diabetic Support group. It doesn't entitle you to any benefits, just helps if you have any issues at a later date with employers, if and when you may need extra time off for hospital appointments.
When I rang Social services, they said it benefitted them to have a register, inasmuch as it reflects how much money is allocated to them from the government. Also for their stats on disabled persons in the borough.
LL

ohreally wrote:

Registered with who? I didn't think this was still done nowadays.

Dora_the_Explorer_5

ohreally wrote:

Registered with who? I didn't think this was still done nowadays.

Many local authories used to keep registers of people who were disabled to help them plan services. They stopped keeping a register when they realised that people who had registered didn't de-register when they moved and relatives of people who had died rarely de-registered them. Consequently the registers got bigger and increasingly inaccurate for planning purposes.