work compensation for chronic back pain

RedSoleShoes

tanith wrote: »

But they wouldn't do an assessment until there were problems, if the OP was off sick with back problems for instance it should of been brought to their attention formally and with a GP certificate stating that there were problems with the work station and it should be assessed. It doesn't sound as though the OP did this.

I have always had a desk assessment as standard induction procedure, but maybe I've just worked for employers who are more on the ball about covering themselves!

It would be in a company's interest to do an assessment in the early stages of employment, just to cover themselves if nothing else. In Val's case, although she did not request one or make formal complaint about her problem, the fact that they have not done one will go against them if she tries to claim against them.

Someone mentioned that her H&S is HER responsibility but it's actually as much the company's as it is her own (or any employee).

penrhyn

Seems to be a strange workstation that require your hands to be above head height. Is it a fast food outlet?

Googlewhacker

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!

Please explain where I have been whole heartedly negative? I along with others including a H&S expert are just pointing out that proving 100% negligence by the company is nigh on impossible and you would be better of looking at improving the situation so that you are not increasing the problems.

However you just seem to want to hear the people that say 'yes you're right, milk the company for everything you can....'

Unless you insult me this shall be my last post because I have said all I need to.

RedSoleShoes

penrhyn wrote: »

Seems to be a strange workstation that require your hands to be above head height. Is it a fast food outlet?

I was going to ask Val that too but I think she has left the thread!

She said it was a kiosk so I was thinking maybe a theme park or something.

Indie_Kid

LilyDeTilly wrote: »

I have always had a desk assessment as standard induction procedure, but maybe I've just worked for employers who are more on the ball about covering themselves!

This is how I had mine.

neworderweb

LilyDeTilly wrote: »

Some people seem to be missing this point.

I'm not sure why Val is getting such a hard time about not realising the pain was related to her work. Back pain is a slow burner sometimes and it is not always obvious what caused the pain or injury.

I get the feeling that there is a lot more info that Val has, but she kept the post short and to the point rather than rambling on (as some posts do).

RSI is something that takes time to develop (hence the name - repetative!) so it is not unreasonable to assume that your job may cause it.

hi,
newbie here (ducks for cover!) ,if there is no risk assesment then as far as i'm concerned val is on to a winner.

We are having a similar problem at work with vibration white finger and hand arm vibration syndrome.
6 people at work have been having white finger "symptoms" (not to be confused with reynauds syndrome) and all the 6 people work with vibrating power tools, a no brainer really.

there wa also no risk assesment on the vibrating equipment as we we always "told" that the equipment is safe.

The onus is always on the employer ,duty of care, health and safety at work act 1974 (hasawa),unfortunately it does sometimes take a person or group of people to start realising there is a particular problem with a piece of equipment ,in our case havs and back pain in vals case.

i have also just been diagnosed as having RSI and HAVS/VWF.
I have seen 3 different doctors which all agree the problems i am having are directly related to my workplace.

my employer is denying any responsibility ,but as there are now 6 of us with similar symptoms they will have to take notice one way or another,seems that i am going to be the testcase!

hope this helps!

neworderweb the newbie

H&s rep

dickydonkin

neworderweb wrote: »

hi,
newbie here (ducks for cover!) ,if there is no risk assesment then as far as i'm concerned val is on to a winner.

We are having a similar problem at work with vibration white finger and hand arm vibration syndrome.
6 people at work have been having white finger "symptoms" (not to be confused with reynauds syndrome) and all the 6 people work with vibrating power tools, a no brainer really.

there wa also no risk assesment on the vibrating equipment as we we always "told" that the equipment is safe.

The onus is always on the employer ,duty of care, health and safety at work act 1974 (hasawa),unfortunately it does sometimes take a person or group of people to start realising there is a particular problem with a piece of equipment ,in our case havs and back pain in vals case.

i have also just been diagnosed as having RSI and HAVS/VWF.
I have seen 3 different doctors which all agree the problems i am having are directly related to my workplace.

my employer is denying any responsibility ,but as there are now 6 of us with similar symptoms they will have to take notice one way or another,seems that i am going to be the testcase!

hope this helps!

neworderweb the newbie

H&s rep

if there is no risk assesment then as far as i'm concerned val is on to a winner.

Strange conclusion - if she is suffering (and has been for some time apparently) then nobody is a winner. There might be a few quid available for compensation, but as I mentioned earlier, no amount of money will take the pain away.

there wa also no risk assesment on the vibrating equipment as we we always "told" that the equipment is safe.

So I would have asked how the company have determined that - to make that statement have any degree of credibility - the equipment must have been assessed - although I suspect that this is not the case.

I drive a car that is very safe. It has seat belts, good tyres, an excellent braking system and side impact protection plus many other safety features - but in the wrong hands or used improperly it will still injure or kill so the above argument does not wash with me I'm afraid.

The employer should have a risk assessment in place for the use of this work equipment, but the employees should also have insisted - moreso if the place has a union (I have assumed this as you signature indicated you are a safety rep).

Many good companies think safety at the procurement stage by adopting a policy that ensures equipment purchased is not necessarily the cheapest - but the safest - however, the safest can ultimately work out the cheapest in the long run if it prevents accidents, injuries and subsequent compensation claims.

The onus is always on the employer ,duty of care, health and safety at work act 1974 (hasawa),unfortunately it does sometimes take a person or group of people to start realising there is a particular problem with a piece of equipment ,in our case havs and back pain in vals case.

As you are referring to the employers duty of care under the Health & Safety at Work Act, sections 7 & 8 of the very same legislation and regulation 14 of the Management of Health and Safety at Work Regulations refers to the employees duty of care, so in effect the onus is not 'always' on the employer.

It would seem there is no access to any expert health & safety advice in your workplace as it would be difficult to comprehend a workplace using vibrating equipment not having provided information/training on HAVS or indeed not having risk assessments and safe systems of work in place.

If that is the case then potentially the employer may be negligent if the injuries were caused by the work equipment, but as they are denying this (well they would do) be prepared for a protracted legal battle.

By the way, are you still using the equipment? Is there a risk assessment now in place? I ask this because if you believe your pain is being caused by the equipment - why are you still using it?

Indie_Kid

neworderweb wrote: »

hi,
newbie here (ducks for cover!) ,if there is no risk assesment then as far as i'm concerned val is on to a winner.

What is wrong with going up to the manager and asking for a risk assessment?

dickydonkin

sh1305 wrote: »

What is wrong with going up to the manager and asking for a risk assessment?

And better still, make the request in writing.

I wonder if the workplace has a Health & Safety committe which is an ideal forum to sort these things out.

If the workplace is 'unionised' and does not have a safety committee, then if 2 appointed safety reps request (in writing) for the formation of a safety committee, then the employer is legally obliged to conform.

Preventing injuries by talking to the employer is far better than company/employee solicitors communicating after an accident has occurred.

Even where there is no recognised union, there is legislation that allows consultation with employees via an elected 'representative of employee safety' or on an individual employee basis.

It's good to talk!