Advice needed injured through work!

odollybird

I COULD DO WITH A BIT OF ADVICE PLEASE , I AM 38 AND ALWAYS WORKED IN VARIOUS JOBS SINCE I WAS 16, ONLY HAVING 1 YEAR OFF FOR EACH OF MY 2 CHILDREN IN 2001 I STARTED WORK FOR A LOCAL GOVERNMENT AS A KITCHEN ASSISTANT (DINNER LADY) THEN IN OCT 2004 TOOK A SECOND JOB ON WITH THE SAME EMPLOYER BUT AS A SCHOOL CLEANER IN 2007 I HAD TO HAVE TIME OFF THROUGH A BAD BACK (HAD 2 WEEK OFF ) DURING THIS TIME I WAS SENT FOR AN XRAY ON MY BACK BUT IT DID NOT SHOW ANYTHING UP. SO LEFT THINGS AT THAT AND WENT BACK TO WORK . THEN IN NOV 2008 I HAD THURS + FRI OFF THROUGH BACK HURTING AGAIN THEN ON THE SAT MORN HAD IMENSE PAIN (I MEAN SCREAMING) HUBBY CALLED FOR AMBULANCE AND WAS TAKEN TO HOSPITAL WERE I REMAINED FOR 11 DAYS DURING WHICH I HAD AN MRI SCAN AND THIS SHOWED THAT I HAD GOT PROLAPESD DISCS L1/S5. SO 1 YEAR ON STIIL OFF WORK AND HAVING TRIED CORDEL EPIDURAL AND FACIT JOINT INJECTIONS NO RELIEF OF PAIN SO HAD TO GO DOWN THE ROUTE OF SUGERY:eek: IN DEC2009 AND AM STILL RECOVERING FROM THAT.
I AM PRETTY SURE THAT THIS WAS BROUGHT ON BY THE CLEANING WORK E.G STOOPING OVER NURSERY TABLES TO CLEAN AND THEN IN THE 6 WEEKS HOLIDAYS HAVING TO GO IN AND CLEAN MY DESIGNATED AREAS ON MY OWN WITH NO HELP FROM OTHER CLEANER OR CARETAKER THAT WAS HARDLY EVER ROUND ON SITE ANYWAY ALWAYS GALAVANTING OFF SOMEWHERE, ME AND OTHER CLEANER USED TO SAY WE WERE WOORIED THAT IF WHEN WE WERE THERE ON OUR OWN AND IF ANYTHING HAPPENED TO EITHER OF US HE WOULD NOT BE AROUND TO HELP!

SO AM WONDERING IF I WAS ENTITLED TO PUT A CLAIM IN FOR INJURY BROUGHT ON BY THIS JOB

SORRY FOR THE LONG POST

TIA

ohreally

odollybird wrote: »

SO AM WONDERING IF I WAS ENTITLED TO PUT A CLAIM IN FOR INJURY BROUGHT ON BY THIS JOB

You would need to show...

The employer failed in their duty of care.
You suffered a loss (injury).
That injury was caused by an act or omission by your employer.

Can you prove this injury was caused by the employer and not through the activities of your life?

A claim may be possible, however you will need to show evidence that it was likely caused by your job...do you think you could reasonably show that?

After initial problems did you make the employer aware and do you have evidence of this?

Did the employer carry out a risk assessment and a personal manual handling assessment?

dmg24

Please do not shout!

Anihilator

You would have to proof the injury was caused by work (and fully otherwise it would be reduced for only accelerating) and that they had breached a duty of care by not giving proper training.

My feeling is that you had a pre existing bad back and are trying to get cash out of them and are unlikely to suceed.

bendix

what a crock of ****

I have some hurt feelings - can I clam some compensaaaaaaaaaashun from my boss for that?

geri1965_2

Not helpful, bendix.

Horace

You need to prove that the back injury was caused at work - when you first injured your back did you report it to your employer and have the incident written in the accident book (all businesses regardless of type have to have one). If not, then it will be difficult for you to prove that the back problem was caused by work.

jdturk

I cannot believe you're asking this to be honest. You have to prove that the company were at fault AND the injury was brought on by the work

. If you felt you weren't doing your job properly did you ask for help?

Anihilator

It is not clear why some people develop a prolapsed disc and not others, even when they do the same job or lift the same sort of objects. It seems that some people may have a weakness in the outer part of the affected disc. Various things may trigger the inner softer part of the disc to prolapse out through the weakened outer part of the disc. For example, sneezing, awkward bending, or heavy lifting in an awkward position may cause some extra pressure on the disc. In people with a weakness in a disc this may be sufficient to cause a prolapse. Factors that may increase the risk of developing a prolapsed disc include: a job involving lots of lifting, a job involving lots of sitting (especially driving), weight bearing sports (weight lifting, etc), smoking, obesity, and increasing age (a disc is more likely to develop a weakness with increasing age).

Anihilator

So its as likely to be caused because your an ageing overweight smoker who sits on their !!!! a lot....

OP care to confirm your age, weight and whether you smoke?

terra_ferma

Anihilator wrote: »

It is not clear why some people develop a prolapsed disc and not others, even when they do the same job or lift the same sort of objects. It seems that some people may have a weakness in the outer part of the affected disc. Various things may trigger the inner softer part of the disc to prolapse out through the weakened outer part of the disc. For example, sneezing, awkward bending, or heavy lifting in an awkward position may cause some extra pressure on the disc. In people with a weakness in a disc this may be sufficient to cause a prolapse. Factors that may increase the risk of developing a prolapsed disc include: a job involving lots of lifting, a job involving lots of sitting (especially driving), weight bearing sports (weight lifting, etc), smoking, obesity, and increasing age (a disc is more likely to develop a weakness with increasing age).

Well done, you can use google. At least this time you got it right. But it would be more useful to quote your sources so others can use them....
http://www.patient.co.uk/health/Prolapsed-Disc-%28Slipped-Disc%29.htm