If you feel you 'might' be entitled to compensation from your employer...

74jax

.... how would you open up the discussion?

I'm not one for causing a fuss or wanting to make trouble, however I feel I might be entitled to a little 'help' maybe for a problem which has occurred with my foot.

My work issued shoes have given me a Mortons Nuroma, been signed off work and referred to podiatrist from our Occ Health who has confirmed its from shoes (he's seen a few with this problem from work).

Been told I'll always have this problem now, unless it gets much worse and I need an op to have nerve removed.

Anyway, I need steroid injections (he thinks 3 times a year) and with special insoles (currently being made) in all shoes (including slippers) I should be at a stage where I can walk relatively unaided and should be able to manage it ok. However heels, shoes that won't take the insole (flipflops, open backed shoes (the insole wraps my foot a little) are out.

It can flare up in the future again, however insoles and injections should help lessen this.

I'd like to somehow ask if work would cover my prescriptions charges, the insoles, and to replace my shoes (all need replacing as the insoles take my foot up to a larger size).

However I don't want them to open the letter/email and think I'm just after whatever I can get.

Don't want solicitors etc involved as I'd like it to be a general question, if they say no at least I tried.

Has anyone been in a similar situation, is informal the best way to go? Do i speak to Occ Health or HR? Any advice appreciated.

Thanks

Jarndyce

I'm not sure how realistic it is to be seeking compensation from your employer and not be causing a fuss. They will be reluctant to do anything that would appear to be admitting liability in any future personal injury claim.

Write the letter, or email, politely and professionally. Don't use the word compensation but talk about 'assistance with expenses' arising from the condition and referring to the Occupational health report that has identified the link with the shoes.

However, don't be surprised if you get a complete brush off. At that point, you will need to decide whether you are prepared to take a personal injury claim (and if there are a few of you affected, why not? - this is clearly a problem that needs addressing). if you do decide to pursue it, then if you are not in a union, there are plenty of NWNF ambulance chasers out there who will assess your claim for nothing., and pursue it if it has merit.

74jax

Jarndyce wrote: »

I'm not sure how realistic it is to be seeking compensation from your employer and not be causing a fuss. They will be reluctant to do anything that would appear to be admitting liability in any future personal injury claim. Occ health came out to me straight away when I emailed saying I had pain from my shoes. On the referral form to Podiatry she did tick the 'work related injury' box, although added a '?' next to it.

Write the letter, or email, politely and professionally. Don't use the word compensation but talk about 'assistance with expenses' arising from the condition and referring to the Occupational health report that has identified the link with the shoes. That's a fab idea, thank you for the 'wording' also. I'm not really after 'what I can get' but am sat here with a throbbing foot from my injections thinking I have nothing I can put on my feet - even if I could get tot he shop - and worrying at what is classed as 'essential' footwear. The thought of 1 pair of trainers, some slippers and a pair of boots has me panicked at the cost, and that doesn't really cover what I'm replacing at all. Plus I can't pick from the nice fashionable ranges, I need deep soled, extra wide ones! Mind I'm in that much pain I've realized I'm also getting old, I am choosing a shoe comfort over looks!

However, don't be surprised if you get a complete brush off. At that point, you will need to decide whether you are prepared to take a personal injury claim (and if there are a few of you affected, why not? - this is clearly a problem that needs addressing). if you do decide to pursue it, then if you are not in a union, there are plenty of NWNF ambulance chasers out there who will assess your claim for nothing., and pursue it if it has merit.

Thank you very much for your help, I'll get drafting my email today.

SarEl

Just to add - be aware that the podiatrist said it was from shoes - not from works shoes! And I don't know how he knows this anyway - medical opinion is that doctors have no idea what causes it! So Jarndyces advice is very sound, but don't even think of personal injury. You will never prove it since their is no medical evidence to suggest a cause for this condition and by the time it has been around the legal system for several years, with a not so happy employer on the other end... Well, I am sure you will see the point.

74jax

SarEl wrote: »

Just to add - be aware that the podiatrist said it was from shoes - not from works shoes! The guy I saw last night has clearly wrote it was brought on from the make up of the shoe, and that he has seen many people form the same place where I work with damaged feet from these shoes that he has previously recommended they stop using. I do agree though, it can't be proved I didn't have it before (other than I had no pain and never once saw a doctor etc for my feet, but how do you prove that) And I don't know how he knows this anyway - medical opinion is that doctors have no idea what causes it! So Jarndyces advice is very sound, but don't even think of personal injury. This isn't a road I'd like to go down, I only really would like to know if I can get my shoes/insole etc You will never prove it since their is no medical evidence to suggest a cause for this condition and by the time it has been around the legal system for several years, with a not so happy employer on the other end... Well, I am sure you will see the point.

My contract ends in March and I'm just worried that I'm going to have to pay for all these insoles for my shoes, the ones he's recommended are upwards of £60 each, I know I can swap them round shoes etc, but at the moment I don't even have one pair of shoes to put them in.

I've had a quick look at the cost of trainers and the lower end of what I needs are £79, and I though maybe a pair of boots (as we're coming into winter) but they were even dearer. There's no way I can buy them.

I'm looking at my work's 'staff benefits' scheme to see if they do a loan of sorts, however as my contract ends in 6 months, I don't qualify, which is a shame.

Hammyman

Was the work provided footware causing you any pain whilst you were wearing them? Playing devils advocate if they were causing you pain, you said nothing and continued to wear them then surely you have contributed to this? When I've been given work boots that were uncomfortable, I've said so and been issued with others or given money towards the cost of replacements up to the amount the company paid for the issued footwear.

SarEl

You need to understand - what the guy from OH might have stupidly said or written is not a medical opinion and it certainly isn't proof of anything. What I told you is medical opinion on the matter - medical opinion and not his opinion. I think like a lawyer (strangely, because I am one!) and that was the first thing I checked. Which, if a personal injury claim comes looming, is exactly who will doing all the thinking - lawyers - and they will do it just like I did except they will have second, third, fourth and fifth opinions on the fact that it is impossible to say what caused the problem, or even, if it were shoes, which shoes. Just because a number of people in a workplace develop the same symptoms does not evidence that the employer is at fault, and not does it mean that they are at fault. Nearly a quarter of the staff in my workplace have bad backs - not one of them are down to us as employers!

But why are you going to a podiatrist privately from OH - why haven't you spoken to your GP? Surely if you require adaptations for a medical problem the NHS must have some support or help available for people on low income? Equally, he may have recommended particular items, but they can't be the only ones available - are you sure that there are not cheaper insoles etc? Sometimes the private sector can forget that not everyone can affrod their own particular favourite brand and that there are cheaper versions that are just as good.

74jax

Hammyman wrote: »

Was the work provided footware causing you any pain whilst you were wearing them? Playing devils advocate if they were causing you pain, you said nothing and continued to wear them then surely you have contributed to this? I got the shoes about 4 weeks ago, as soon as I put them they were really tight, told my boss who said they were a new shoe and needed breaking in. I admit I did wear them for a week (i've been open about this) and then started leaving them under my desk at work and travelling into work in other shoes and only wearing the work shoes when front facing.When I've been given work boots that were uncomfortable, I've said so and been issued with others or given money towards the cost of replacements That is what I am trying to get my work to do, but it's not proving easy. On top of the cost of having to replace my normal shoes for outside of work, I'd really like them to pay for the work ones and insoles I needup to the amount the company paid for the issued footwear.

SarEl wrote: »

You need to understand - what the guy from OH might have stupidly said or written is not a medical opinion Sorry OH haven't written anything, they just did a referral to a Podiatry center.and it certainly isn't proof of anything. What I told you is medical opinion on the matter - medical opinion and not his opinion. I think like a lawyer (strangely, because I am one!) and that was the first thing I checked. Which, if a personal injury claim comes looming, is exactly who will doing all the thinking - lawyers - and they will do it just like I did except they will have second, third, fourth and fifth opinions on the fact that it is impossible to say what caused the problem, or even, if it were shoes, which shoes I'm not really wanting to go down the whole Injury side of things, I just wanted to know how to 'tactfully' without fuss ask for shoes and insoles.. Just because a number of people in a workplace develop the same symptoms does not evidence that the employer is at fault, and not does it mean that they are at fault. Nearly a quarter of the staff in my workplace have bad backs - not one of them are down to us as employers!

But why are you going to a podiatrist privately from OH - why haven't you spoken to your GP? I went to my GP first, they said they would refer me to hospital for a steroid injection but that if I could get it through work it would be quicker. (I've just had my appointment through for the NHS and it's 1st week of November, so it was quicker to do it through work, I didn't realise it looks bad doing it this way, to be honest I just thought I'd take the injection the quickest way possibleSurely if you require adaptations for a medical problem the NHS must have some support or help available for people on low income? Equally, he may have recommended particular items, but they can't be the only ones available - are you sure that there are not cheaper insoles etc? Sometimes the private sector can forget that not everyone can affrod their own particular favourite brand and that there are cheaper versions that are just as good.

That's a really good point, and one which I will certainly look into. I think because the Podiatry center said I needed x insoles I just assumed that's what I needed. I had been in with him from 6pm till 7.20 last night and think I was just greatful he gave me the injection (although I'm not now as it's worse than it was, but just a minor side affect) can't wait for it to kick in!

I would add, even in my first post, I'm not after making a fuss or going down an injury lawyer route, I'm just after a way of asking for shoes and insoles without work thinking I'm out for all I can get.

But thank you loads for suggesting I look for cheaper, I know it sounds illy, I just took that that was the price!

SarEl

I did a quick google and found loads of products and a wide range of prices just by putting in the condition and "treatment". But I know that podiatrists are very good and professsional (I have one myself and she's fab!) - but she equally has a tendency to want to sell me foot cream that costs £30 a chuck when I can get better at the Body Shop for a fraction of the price (and that is far from the cheapest I could get that would do the job). And I had one of those injections once - some years ago. Afterwards I wished I'd stuck with the problem!

But do talk to your doctor - and see what other products are available. Apart from anything else, the employer may be a little more sympathetic to helping if asjked nicely (like Jarndyce said) for a lower amount of the contribution. I wouldn't bet on it, but you never know.

74jax

SarEl wrote: »

I did a quick google and found loads of products and a wide range of prices just by putting in the condition and "treatment". But I know that podiatrists are very good and professsional (I have one myself and she's fab!) - but she equally has a tendency to want to sell me foot cream that costs £30 a chuck when I can get better at the Body Shop for a fraction of the price (and that is far from the cheapest I could get that would do the job). And I had one of those injections once - some years ago. Afterwards I wished I'd stuck with the problem!Don't tell me that :rotfl:

But do talk to your doctor - and see what other products are available. Apart from anything else, the employer may be a little more sympathetic to helping if asjked nicely (like Jarndyce said) for a lower amount of the contribution. I wouldn't bet on it, but you never know.

I can but try, I think I worded my whole thread wrongly to start with by saying 'compensation' I think 'assistance with expenses' is a fab wording of it.

But thanks again for your suggestion, that's what good about this site, sometimes people point out the obvious that you just miss.

Hammyman

I'd be surprised if a weeks wearing and three weeks occassional wearing of the shoes has caused this.