work compensation for chronic back pain

ValAl_2

ekkygirl wrote: »

I tried to edit as I have not desire to help a compensation culture person. You are rude to anyone not saying "poor you"

"Compensation culture person"?!! Get a grip!

ValAl_2

ekkygirl wrote: »

I did read it all and the help I offered doesn't suit you.

You did not read it, and you did not offer any help at all.

KiKi

ValAl wrote: »

Thank you LilyDeTilly, you are the only one who actually understands the case from the little that I have said.
I have already consulted a lawyer and they will get back to me next week.
It is the first time I am posting something at a forum and I had no idea of how many bullies are up here!
What's with that Googlewhacker person?! Sooo determined to be wholeheartedly negative!
I will close this thread (as soon as I figure out how!) because I am not really getting any help besides from people's personal opinions.
Thank you to the people who gave me the relative links!

These people are not bullies, ValAl. You asked for help - and unfortunately on an internet forum you will get some opinions you like and some you don't.

I don't know if you have read SarEl's post, but as you haven't replied to either of my posts, I will say again: she is an employment lawyer and replied on your first page. Her advice is good, practical, and based on years of experience of claims like this.

No-one (including Googlewhacker) is saying that your job isn't the culprit. What people are mostly saying is that proving it, and proving full responsibility is highly unlikely as you didn't know yourself that your work was causing a problem. If you didn't know, then work couldn't know. The basis of proving your case is flawed, even if your employer does have some responsibility.

It might not be what you want to hear, but asking people not to post on your thread and labelling them bullies just because you don't like their opinions isn't going to make people want to be helpful!

I hope your pain is better soon.
KiKi

ETA: FYI you can't close your own threads on this board; only a forum moderator will do it. They won't close a thread just because you don't like the opinions, though! Help often comes in the form of personal opinions - especially opinions on legal cases. Which is what SarEl has offered you on page 1.

ekkygirl

ValAl wrote: »

You did not read it, and you did not offer any help at all.

I read every darn word

1984ReturnsForReal_2

KiKi wrote: »

If you didn't know, then work couldn't know.

Unless they have had the same issue before with someone else (that someone else has already posted) or the OP has indicated that the desk (area) is uncomfortable/difficult in the past.

KiKi

1984ReturnsForReal wrote: »

Unless they have had the same issue before with someone else (that someone else has already posted) or the OP has indicated that the desk (area) is uncomfortable/difficult in the past.

Sure - without further info that's difficult to know. It seems that the OP didn't know at all that work was causing it - until her doctor said so. But her doctor hasn't seen her desk (I assume!), so it's still to be proven, no matter how likely.

I've no doubt that a poor work set-up did most likely cause it; but the OP has since had treatment, paid for it, and only now realises the probable cause. Proving that the employer is liable after the treatment is difficult, even more so to claim compensation when the employer didn't have a chance to put things right. Their lack of desk assessment in the first place may have some bearing, but even then when a problem builds up over time, there's no certainty that an initial desk / DSE assessment would have prevented it.

It's the proof and level of responsibility element that I think the OP will struggle with.
KiKi

ValAl_2

sh1305 wrote: »

How is this their fault? Due to my disabilities, I need reasonable adjustments at work. When I started, I had to inform them that I (due to past medical assessments) need x, y and z. You can't expect them to know what you need.

Another issue I had, I mentioned to my manager on Monday and he said that I was allowed to do what it is I need for me to work to the best of my abilities.

I have no disabilities, I had no muscle tension before I got this job, no back pain. The till with the monitor is fixed at a permanent position, they never informed me about health and safety, they never talked to me about bad posture at work, they never informed me on the pressure I am putting on my back when I am raising my arm above my eye level repetitively for more than 40 mins. They never ever did a desk assessment or anything close to that. They don't even have a health and safety manager, someone that I can talk to.
I have talked to the site managers about my back pain and they did nothing. They should take care of the environment I work in, they are responsible for informing me about health and safety.
If I knew I would get repetitive strain injury from working from that position, you think I wouldn't have done something to change it?!

I am sorry but when I posted here I thought I would get help like links to relative sites, or something like that.
I don't really need other's opinions on this.

Thank you very much everyboby who offered real help,
I will leave it here.

KiKi

Gosh, I feel so left out that all my posts are being ignored.

KiKi

1984ReturnsForReal_2

ValAl wrote: »

I have no disabilities, I had no muscle tension before I got this job, no back pain. The till with the monitor is fixed at a permanent position, they never informed me about health and safety, they never talked to me about bad posture at work, they never informed me on the pressure I am putting on my back when I am raising my arm above my eye level repetitively for more than 40 mins. They never ever did a desk assessment or anything close to that. They don't even have a health and safety manager, someone that I can talk to.
I have talked to the site managers about my back pain and they did nothing. They should take care of the environment I work in, they are responsible for informing me about health and safety.
If I knew I would get repetitive strain injury from working from that position, you think I wouldn't have done something to change it?!

I am sorry but when I posted here I thought I would get help like links to relative sites, or something like that.
I don't really need other's opinions on this.

Thank you very much everyboby who offered real help,
I will leave it here.

Best of luck.

Could you just answer one question for me please?

Did you tell them you were suffering as a result of the desk? Or just tell them you were suffering without mentioning a possible cause?

No bother if you do not want to answer but the professional legal person on here that asked you a couple of questions might be interested to know.

1984ReturnsForReal_2

KiKi wrote: »

Gosh, I feel so left out that all my posts are being ignored.

KiKi

Well you can hardly blame them