work compensation for chronic back pain

RedSoleShoes

What is your line of work Val and what is it about your work that has caused this pain? (ie bad desk position or whatever).

ValAl_2

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.

RedSoleShoes

To add, compensation is based on what loss you have incurred (eg. being sporty then having to give that up) then this is converted to monetary terms. This is what would be taken into account if it was proven that your company had not provided a safe environment so you would need to think about what losses you have had because of the back pain.

ValAl_2

Well they should know whether the position they require me to work from will cause me pain because it is their responsibility to know!!! Basic health and safety.

RedSoleShoes

ValAl wrote: »

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.

In that case your company should have given you a desk assessment at some point. Have they done this? If not, they are not doing things correctly. Although there is some responsibility on an employee to speak up if they think there is an issue, it is not YOUR responsiblity to ensure a desk assessment is carried out. This should be done as part of their H&S procedure, especially once you informed them of back issues (either formally or informally).

penrhyn

Did you ask your employer to do an ergonomic assessment of your work station?
Did you approach the H&S rep?

Working with VDU's is covered by HSE legislation,

Some info here:-
http://www.hse.gov.uk/pubns/indg36.pdf

ValAl_2

To LilyDeTilly:
Thank you so much! That makes so much sense. No, they have never made any desk assessment nor they have ever asked me whether the position I work from is comfortable.
My concern now is, how to approach the head office, and what to write in the letter that I am planning to send them together with my doctor's letter.

RedSoleShoes

ValAl wrote: »

To LilyDeTilly:
Thank you so much! That makes so much sense. No, they have never made any desk assessment nor they have ever asked me whether the position I work from is comfortable.
My concern now is, how to approach the head office, and what to write in the letter that I am planning to send them together with my doctor's letter.

If I was you, I would definitely get some kind of legal advice first. Even if just to understand your position.

Hoof_Hearted

I think you are on a loser. The chiro can't really ascribe the problem to the workplace unless he has seen it. He is basing his opinion on what you have told him. Also, as above, if you employer doesn't know of the problem, they can't reasonably be expected to address it.

MrsManda

Does your employer have a health and safety policy?
What does this say about reporting problems with your health/risk assessments?

Yes it is part of an employers responsibilities to take adequate steps to reduce injury to their employees but it is also the responsibility of the employee to report any illness you suffer which may be of a result of the way you are working.

Employer's Responsibilities:
http://www.direct.gov.uk/en/Employment/HealthAndSafetyAtWork/DG_4016686

Employee's Responsibilities:
http://www.direct.gov.uk/en/Employment/HealthAndSafetyAtWork/DG_4016683

On another note, if you're writing to your employer do not refer to your chiropractor as your doctor unless he holds a medical degree and I'd have thought that you should provide information as to why your chiropractor has said it's due to the way you work.