Work-Related Injury and Sick Pay

Head-Out-Of-Sand

Hi there,

I've recently returned to work after being off for 6 months due to a work related upper limb disorder. I have De Quervains Tenosynovitis and shoulder impingement in my right arm. I am currently receiving physiotherapy for both conditions. I have been told that it should not cause permanent disability but is likely to be ongoing for at least 6 months minimum (this has been going on since last April now).

I was forced to return to work by financial concerns as I was going to go onto half pay. I do appreciate that I am fortunate to be in the position to be on full pay for that long, I really do understand that a lot of employers would have given a lot less; however, this injury has been caused exlusively by my work duties so I kinda feel that in this instance it's only right that I shouldn't lose money over it.

Basically, our processes in work have been shown to put workers at an unreasonably high risk of developing WRULD/RSI and that this is avoidable. There is solid evidence that my employer was well aware of this before I started working there and at my workings, 25% of the staff in my role suffer to some extent with a work related upper limb problem to the point that they need their duties adjusted. I am one of the unfortunate ones whose problems got so bad they needed to go off work.

When I went off work I was having to take strong painkillers just to cope with being at work, and was having trouble sleeping as I was in so much pain and had taken my safe amount of painkillers during the day. I had given up the gym and kickboxing as I just couldn't do them any more. I now can't type or write with my right hand and have problems with cooking, cleaning and shopping due to the pain.

I was sent for an independent medical assessment with the Occupational Health contractors used by my employer. After HR hanging on to the report for 5 week (no wonder, considering how damning it was) I got to see it last week. It basically says that the injury is almost certainly work related, is a prescribed illness and is covered by the DDA. They recommend that I remain on sickness absence for another 6 months or until a reasonable redeployment opportunity arises which would accommodate me not writing or typing excessively.

My question is (I got there eventually, sorry it was so long winded, but wanted to explain the whole scenario) if work fail to find me a reasonable redeployment opportunity, and I am therefore forced to go off sick again, what are my rights in terms of sick pay, seeing as their own OH physician lays the blame for the injury squarely at their door?

I've been back for two weeks and there is still no sign of anyone having any idea what to do with me (bear in mind they had 6 months to come up with ideas too) and my boss seems to expect the OH physician to suggest jobs for me; have tried in vain to explain to her that they can only say what I can't do, they're doctors, not career advisors!!

Grateful for any info on this, as I feel a bit bewildered by it all and there is rising sense of panic that once I've finished going through my mail I wont have ANYTHING to do. I can't even twiddle my thumbs, cause it hurts!! :rolleyes:

(my left hand is now reaaaally tired!!)

veryunsure

A difficult one. Do you have a union who can advise you? If the injury is as widespread as you suggest, I'm sure the Health & Safety people would want to investigate, if only to prevent further harm to others. Have you applied for the Industrial Injuries benefit? You are entitled to this if you cannot work or take a lower paid job becuase of a work related injury or condition.

Head-Out-Of-Sand

Thanks; I've applied to IIB, waiting to hear about that.

It astounds me that HSE haven't jumped all over our department, it's so widespread it's not funny. Our place aren't going to do anything about it until they're forced to, they're only interest is productivity, and that clashes with making sure you're staff are ok. (Well, it does until none of us can perform our roles any more, but then they just do a recruitment drive.)

I can apply for a sick-leave excusal, so that the 6 months I had to be off don't count towards any disciplinary, but I'm a bit scared of putting in for that, as the few people that have tried it, HR have really gone for them and made things difficult - they're hardly going to admit liability so they intimidate you into withdrawing the request.

It's so upsetting, they do this to people, then make things so difficult (or mind-numbingly boring) that they give up and leave. Constructive dismissal, sure, but so hard to prove. Sooner I can train up for another career and leave the better. Playing into their hands I guess, but I just do not want to work for these people any more.

reillyhub

Hi,
How about these no win no fee persons you see in every town centre worth a try if what they say is true.In the meantime my motto is always cab or a benefits surgery to see if you are entitled to any benefits. sorry to hear of your misfortune best of luck

Head-Out-Of-Sand

I've actually put a claim in through the union's solicitors...these things take so long tho, I'm sure I'll hear the outcome in about 5 years time!