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work compensation for chronic back pain
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ValAl_2
Posts: 13 Forumite
I have been suffering from chronic back pain for more than thee years now. I have spent about £1000 in total on treatments, and the pain affects my everyday life. My qualified chiropractor told me that it is due to poor ergonomic environment.
I work at a kiosk, with a monitor. The monitor is higher than it should be, which means I need to raise my arm higher than I should. This repetitive pattern has caused strain on my right arm and upper back.
I have informally told the site managers in the past about my pain.
But, I never thought that it was caused by the working environment. Only when my doctor pointed it out it became clear that my work and my pain are related.
Can I claim compensation from the company I work for since it is their fault for not providing a safe enviroment for me to work at?
I do have a letter from my chiropractor, and I am planning to write a letter to my head manager it's just that I am not really sure what to write in the letter, or even if I have any chance of getting my money back.
Any advice?
Thank you
I work at a kiosk, with a monitor. The monitor is higher than it should be, which means I need to raise my arm higher than I should. This repetitive pattern has caused strain on my right arm and upper back.
I have informally told the site managers in the past about my pain.
But, I never thought that it was caused by the working environment. Only when my doctor pointed it out it became clear that my work and my pain are related.
Can I claim compensation from the company I work for since it is their fault for not providing a safe enviroment for me to work at?
I do have a letter from my chiropractor, and I am planning to write a letter to my head manager it's just that I am not really sure what to write in the letter, or even if I have any chance of getting my money back.
Any advice?
Thank you
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Comments
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You've had the problems for 3 years.
Have you worked in your current role/environment for this long?
Have you ever spoken to your employer/HR about your working environment?0 -
I have been in the same working environment for 5 years, and I've had the pain for at least three years.
I never talked to them about the pain because I never thought that it was caused by the work environment0 -
I'm not sure how you can claim that your company is at fault for failing to give you the right ergonomic environment if you have never spoken to them about the problems you've been having.
But I'm sure someone with knowledge of employment law will be able to answer your query.0 -
Whilst your employer should do risk assesements on the obvious things you should also have some duty of care. If they dont know you have back problems how can the assess the situation and adjust things for you?0
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I have informally told the site managers in the past about my pain.
And as I said, I never thought that it was caused by the working environment. Only when my doctor pointed it out it became clear that my work and my pain are related.0 -
As above, how can the company be expected to make adjustments for you (presuming the equipment they supply you with is standard) if you have not told them.
Unless you are omitting lots of information I will be amazed if you win this case.The Googlewhacker referance is to Dave Gorman and not to my opinion of the search engine!
If I give you advice it is only a view and always always take professional advice before acting!!!
4 people on the ignore list....Bliss!0 -
informally counts for nothing, can you prove this informally and did you state that you believed the back pain is down to your work station?The Googlewhacker referance is to Dave Gorman and not to my opinion of the search engine!
If I give you advice it is only a view and always always take professional advice before acting!!!
4 people on the ignore list....Bliss!0 -
I do not think that informally counts for nothing. I have been working with these people for 5 years.0
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What is the nature of your work?That gum you like is coming back in style.0
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I do not think that informally counts for nothing. I have been working with these people for 5 years.
Yes you have. And that is the point. You did not yourself think that work was causing the problem, so how could your employer have thought it was? And who says your doctor is right - has the doctor been to the workplace, carried out a risk assessment, done a health and safety check. You can neither prove that work is responsible for causing nor contributing towards the problem, and it is a bit late in the day to be claiming it. You certainly could not expect "compensation" from the employer, and a case would hugely unlikely to succeed without being able to demonstrate a specific injury, failure to provide adaptations (which were not asked for) to a known condition (which you did not tell them was being caused by your work), and liability (which from your own post, they do not have). The best you could ask for is for changes to the workplace if those are reasonable now, but that will not get you payment for future treatment or loss which you cannot put down specifically to the employer.0
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