injured at work

willis999

I have recently returned to work after 9 weeks out with lower back pains.
i returned Monday Th and was told i had to resume my old duties of manual working/lifting etc.
I just accepted this as i knew my manager would kick up a stink if i complained.
After my dinner break we all had to attend a meeting with another manager just to talk about the week ahead, and to sign training forms, and some health forms, on the health forms i ticked the yes box regarding back, joint problems, as i had been off for a bad back.
After the meeting had finished i returned to work and my manager asked me abruptly if my back was hurting, i said yes, as i have had last 9 weeks off, just needed to ease back in, he responded "you shouldn't be on site, if you still got bad back, i explained the doctor had signed me fit to work, so he stormed off.
The next day i was working away and i hurt my finger on a guard for the machine i was operating, i informed my supervisor to what had happened and he just shrugged his shoulders and said you'll be OK, i hadn't really complained of the pain as i had only just returned to work, and didn't want to cause a fuss, so i accepted it, I'll be OK.
today, my finger is very swollen, so i told my manager that i had hurt my finger the day before and could i enter this into the accident book, he asked how it happened, i explained and carried on to do my job, 20 Min's later he came storming over to me and told me i had to leave the site now! as i was injured, and he had to do this. (in front of other workers, making me feel very small indeed)
I asked will i get paid? as i am willing to work, response was a sharp NO! he then explained to my supervisor that the supervisor should have told him(manager) about the accident when it happened, "he(me) could of gone home yesterday and hurt his finger" and said he had done it at work, (this conversation is being aired in front of all other workers) i then said that i had hurt my back and hadn't put that in accident book, as i had left halfway through my shift with pain, manager responded very abruptly "you didn't hurt your back at work" i replied "i did", manager asks where, how etc, i explained he just sighed loudly(as if was lieing)
I then ask for a copy of my employment contract as i haven't had a copy in the 3 years i worked there, he responded "see the lady up stairs, admin/secretary.
I left as requested and said i would go see a doctor about my finger.
The doctor assed my finger and said that i had damaged the soft tissue in my finger and wanted to sign me off for 2 weeks, i explained to the doctor that i have only just returned after a long lay off, and asked if the doctor could sign me fit to work with amended duties, i called my manager and explained, he just said i had to speak to this other person (technical) this other person, who asked me details on how it happened, what the doctor said etc, 10 Min's after finishing the call with this other person, my manager turned up at my house with the accident report and told me to sign it.

my questions are:

1. i was never asked to attend a back to work interview
is this a legal health and safety requirement?

2. never received any help regarding my back problem whilst at work(amended duties, light duties etc)
is my employer obliged to make my job more manageable whilst having a back problem?

3. as i was sent home, will i be entitled to the days pay?

4. all the thing above taking into consideration, would i have grounds for constructive dismissal?

thanks in advance for any constructive help:(

stephyt23

Can I ask why you didn't put both accidents in the accident book straight away? Your employer should have made you record it, or you should have done it

I injured my back when I was 18 in work accident and reported it straight away (I'm now 24). I needed 6 weeks off before i was able to return. Turned out I'd torn a disc in my lower back which is now a permanent problem and can cause pain on and off. I was told at the time I had to put it in the accident book even though I'd thought I'd just pulled a muscle. It was a good job I was encouraged to report it as I later sued the company as it was through their lack of training I had the incident.

Not sure how you stand with pay though as with just having 9 weeks off I assume you've used up all statutory sick pay.

I am under the impression you should get a back to work interview yes. I didn't with mine but from jobs since then I've always had one, even if it's been just one day off.

I don't think they have to put you on lighter duties although this should really have been discussed. It was with me and I was moved to work somewhere more manageable

willis999

stephyt23 wrote: »

Can I ask why you didn't put both accidents in the accident book straight away? Your employer should have made you record it, or you should have done it

I injured my back when I was 18 in work accident and reported it straight away (I'm now 24). I needed 6 weeks off before i was able to return. Turned out I'd torn a disc in my lower back which is now a permanent problem and can cause pain on and off. I was told at the time I had to put it in the accident book even though I'd thought I'd just pulled a muscle. It was a good job I was encouraged to report it as I later sued the company as it was through their lack of training I had the incident.

Not sure how you stand with pay though as with just having 9 weeks off I assume you've used up all statutory sick pay.

I am under the impression you should get a back to work interview yes. I didn't with mine but from jobs since then I've always had one, even if it's been just one day off.

I don't think they have to put you on lighter duties although this should really have been discussed. It was with me and I was moved to work somewhere more manageable

no meetings or anything.
did asked to put in book, but was ignored

stephyt23

willis999 wrote: »

no meetings or anything.
did asked to put in book, but was ignored

Hopefully someone will come along who can advise further but I'd have thought that's against some sort of policy. All accidents should be reported in case you need those details later on, like in my case.

willis999

stephyt23 wrote: »

Hopefully someone will come along who can advise further but I'd have thought that's against some sort of policy. All accidents should be reported in case you need those details later on, like in my case.

i have the medical records. well doctor does.
i have started to feel like this manager is trying to get me out now.
just want to cover all my options.
maybe i may have a case for comp for least loss of 9 weeks earnings

stephyt23

willis999 wrote: »

i have the medical records. well doctor does.
i have started to feel like this manager is trying to get me out now.
just want to cover all my options.
maybe i may have a case for comp for least loss of 9 weeks earnings

You may do but it could come down to your word against theirs as if it's not in the accident book there's no proof it was done at work even with proof from the doctor that you've been off

dickydonkin

Your injury should have been reported in the company accident book - there should also be a defined accident reporting procedure, however, many companies do not have the foresight to implement such a policy and then complain when accidents are not internally reported. If accidents are not reported, their cause cannot be determined and remedied.

Furthermore, the back injury should have been reported to the RIDDOR contact centre as an over three day injury (O3D) however, based on the information posted by the OP, it seems this has not happened either - this is a legal requirement.

If the OP does take the 2 weeks off work for the finger injury, then that too will need to be reported under RIDDOR regulations.

What could then happen is that if two accidents are reported in a relatively short period of time by the same company, this could place the company on the HSE's radar - particularly when an injury has been caused by faulty machine guarding - and an Inspector could call and see how the company's H&S management is functioning - if indeed it is!

If the workplace is unionised, and no safety committee exists, all that is required to remedy this is for two union members to request in writing the formation of a H&S committee - this is a legal requirement and must be conformed to by the company.

Having a safety committee can sort all of these issues out and improve communication throughout the company - something that seems sadly lacking in the OP's place of work.