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work compensation for chronic back pain

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  • Indie_Kid
    Indie_Kid Posts: 23,097 Forumite
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    ValAl wrote: »
    they are responsible for informing me about health and safety.

    Your health and safety is your responsibility.
    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?!

    When your back problems started, why didn't you say something? I did that on Monday and am now physically in a better condition. (well, I'm not going on my break in pain)
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  • KiKi
    KiKi Posts: 5,381 Forumite
    Part of the Furniture 1,000 Posts
    Well you can hardly blame them ;)

    I thought my posts were impeccably polite, helpful and referring her to the one qualified legal opinion (that I know of) in the thread!

    I hate it when I take time out of my day to helpfully reply and it doesn't even warrant a thanks.

    Rant. ;)
    ' <-- See that? It's called an apostrophe. It does not mean "hey, look out, here comes an S".
  • Irrespective of what you choose to do regarding your claim, you should seek proper medical advice. You won't be in the most appropriate hands for your back problems with a chiropracter - and remember that you are paying for their sessions so they won't be in a rush to discharge you any time soon. You say you have paid around £1000 so far and are seeking compensation - I mean this in the nicest way but stop seeing the chiropracter and hence stop the costs mounting up now. It seems like you will have a real job demonstrating that your work environment is the cause of your problems, especially as you don't seem open to hearing about some of the aspects of a claim you would need to prove.
  • KiKi wrote: »
    I thought my posts were impeccably polite, helpful and referring her to the one qualified legal opinion (that I know of) in the thread!

    I hate it when I take time out of my day to helpfully reply and it doesn't even warrant a thanks.

    Rant. ;)

    I thought your posts were very informative and helpfull, Then again I did not see the massive problem my post was going to cause.Maybe count yourself lucky to be ignored:)
  • KiKi
    KiKi Posts: 5,381 Forumite
    Part of the Furniture 1,000 Posts
    ekkygirl wrote: »
    I thought your posts were very informative and helpfull, Then again I did not see the massive problem my post was going to cause.Maybe count yourself lucky to be ignored:)

    ^^^Have a 'thanks'. ;)
    ' <-- See that? It's called an apostrophe. It does not mean "hey, look out, here comes an S".
  • KiKi wrote: »

    I hate it when I take time out of my day to helpfully reply and it doesn't even warrant a thanks.

    Rant. ;)


    Well according to some on here I am a liar, troll, child abuser & not to be trusted just because I disagreed with 3 people that didn't like what I said even though its exactly what I do know & am far more experienced at than anyone on this site (that I know of).

    It all went downhill from that moment on.

    Thats MSE.
    Not Again
  • dickydonkin
    dickydonkin Posts: 3,055 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 18 December 2010 at 12:57AM
    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.

    Looking at your situation from a Health & Safety Advisors perspective, yes - your employer should have undertaken a workstation assessment.

    You stated that there is no H&S advice available to you, but your employer should be aware of his obligations.

    A workstation assessment is so easy to undertake and is usually undertaken by issuing questionnaires to DSE 'users' and any concerns raised are very easily rectified.

    Congested workstations, glare, unsuitable seating are examples of how workstations can cause problems for the operators of DSE.

    On the flip side however, if the operator is experiencing any discomfort during the course of their work, they also have a duty of care to notify their employer of any discomfort suffered during the course of their work - which may or may not be relevant.

    If the employer is not aware of any problems - they are at a disadvantage on how to remedy the situation.

    Googlewhacker and others have been criticised on this thread for being negative/unhelpful when in fact they are being realistic and that is the problem with forums like these - some posters don't like to be made aware of the reality of a situation.

    Yes - the employer has a legal obligation to ensure the health and safety of their employees and others, but there is an onus on the employee to do the same.

    Talk to your employer if you feel your work is causing you problems -it is no good to anyone if you are working when suffering pain and if your workstation is the cause of your suffering, then it will not get any better if the problem is not addressed.

    Nobody should have to go to work and suffer pain or injury, but what confuses me with this situation is that the OP has diagnosed what is causing the problem:
    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.

    Look at the above quote and that in itself is a personal workstation assessment - you (or others) have seemingly identified the problems - it is so easy to rectify. Talk to your employer rather than an a personal injury lawyer.

    Compensation will not remove the pain!
    But they wouldn't do an assessment until there were problems

    Incorrect.

    A risk assessment is intended to prevent 'problems' - this is pro-active monitoring.
    Reactive monitoring results when an injury has occured - hardly ideal.
  • Indie_Kid
    Indie_Kid Posts: 23,097 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    dpassmore wrote: »
    A workstation assessment is so easy to undertake and is usually undertaken by issuing questionnaires to DSE 'users' and any concerns raised are very easily rectified.

    This was one of the first things I was given when I started my new job. We were all asked to fill in a questionnaire regarding any issues with our workstation. Any issues (imo) were quickly sorted.
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  • dickydonkin
    dickydonkin Posts: 3,055 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 18 December 2010 at 8:20AM
    sh1305 wrote: »
    This was one of the first things I was given when I started my new job. We were all asked to fill in a questionnaire regarding any issues with our workstation. Any issues (imo) were quickly sorted.

    It is so easy to do and even the smallest of employers can fulfil their legal requirements by such an easy assessment.

    When any problems have been brought to the employers attention, if they don't have any available H&S advice, the HSE will provide excellent information by many of their methods of contact.

    Incidentally, the HSE website provides an array of information on the subject.

    I would undertake a DSE 'self assessment' but supplement that by downloading the free guidance and information and send them by email to all of the companies DSE 'users'.

    This goes some way to conforming to the duty holders requirement to provide safety information to employees in respect of their employment.
  • viktory
    viktory Posts: 7,635 Forumite
    Yes another person that doesn't like the response they get and so accuse people of rudeness, while ignoring pertinent questions and being rude....Oh the irony...
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