Can I sue?

oldhand

somethingcorporate wrote: »

This must be a windup!

Lining up people to sue for something that has not even happened!

Thats what I call forward planning.:p:p

BigAunty

To the OP - you are free to sue anyone you like for anything you like, though it is debatable whether the claimant will win, if the legal action is affordable, if it is a productive use of time and energy.

As for whether you would sue the job placement organisation or the company where you undertake the placement (or both), this is probably something that only a trained legal expert can answer.

eskimo26

splat997 wrote: »

due to an accident several years ago i now have severe problems working with my hands and certain activitys can cause damage and further injury resulting in operations etc .. i have been placed into the work related activity group and now on the enable phase where i believe they can force you to do voluntary work .. if i was placed on one of theses voluntary placements and had an accident causing further damage to my hands would i be able to sue for damages and if so who would i sue .. the private sector or the job placement?

Enable phase? Do you mean the work programme and if so they are not allowed to make WRAG claimants work, apply for jobs or seek medical treatment. Wait this was mentioned by Roger but u seem to think they can make you do work and this is not the case. What they can do as roger mentioned is exhaust someone with a condition like CFS to the point of relapse by laying on to much work related activity. One of my mortal fears even when my adviser thinks his giving me space his actually not which is why occupational therapists exist!

Work programme providers can only engage you in 'work related activity' and that's it. So we are talking about CV writing, interview technique etc.

[Deleted User]

HappyMJ wrote: »

I would not recommend extensive typing with a hand injury. Keying a few bits of information here and there is ok but certainly not call centre work with a headset on and touch typing. Far too painful or potential for further injury.

I worked in a bank call centre and there was hardly any typing, literally press one key for next call, another to end call and just tab button to look at different accounts, there was a girl there with no use in her arms and she did it with this spike thing attached to her head which she used to press the keys :T

QuackQuackOops

HappyMJ wrote: »

I would not recommend extensive typing with a hand injury. Keying a few bits of information here and there is ok but certainly not call centre work with a headset on and touch typing. Far too painful or potential for further injury.

I worked in a call centre that dealt with incoming calls only and there was no typing whatsoever.
It was a touch screen thing that was used and a little pen thing that was no more difficult to use than touching your finger to a spot on a table.
One chap who worked there couldnt use his arms and he was fine. The only time someone helped was when he signed into the system which did involve keying in a number. However, I believe thats changed now and you swipe a card.

skintandscared_2

BigAunty wrote: »

To the OP - you are free to sue anyone you like for anything you like, though it is debatable whether the claimant will win, if the legal action is affordable, if it is a productive use of time and energy.

As for whether you would sue the job placement organisation or the company where you undertake the placement (or both), this is probably something that only a trained legal expert can answer.

... or perhaps Mystic Meg, seeing as it hasn't even happened... :rotfl:

AsknAnswer2

You know what you are capable of and what you are not capable of. If the placement required you to do something outwith your capabilities and you chose to go ahead and do it, knowing that it could potentially exacerbate your condition, then you are responsible. The placement only know what your capabilities are if you tell them. In these cases there is always an element of whether the pursuer could have prevented the incident/known of the consequences.

TagEHeuer

I'd like to see what the outcome of this work placement would be, if we all said he could sue and make lots of money. I can see in to the future, he will have an accident!

rogerblack

AsknAnswer2 wrote: »

You know what you are capable of and what you are not capable of. If the placement required you to do something outwith your capabilities and you chose to go ahead and do it, knowing that it could potentially exacerbate your condition, then you are responsible.

It's not that clear.
For example, you might have requested the DWP reconsider the placement on the work programme, and been turned down.
And informed the work program people that you can't safely do the task.

If you turn the task down, you lose a large slice of your ESA, some may not be able to live on this.

eskimo26

rogerblack wrote: »

It's not that clear.
For example, you might have requested the DWP reconsider the placement on the work programme, and been turned down.
And informed the work program people that you can't safely do the task.

If you turn the task down, you lose a large slice of your ESA, some may not be able to live on this.

Except their not allowed to make you work as you mentioned, so he should never be in a situation where he is put on a work placement while on the WRAG as far as i am aware.

Besides i would imagine you wouldn't get very far just suing. You need to go through the usual avenues, you tell them you have a disability that needs to be assessed, they're human resources department does their thing and THEN if the reasonable adjustments they put into place are inadequate and you suffer as a result you might have a change with a law suit. But i'm not a lawyer that just seems the logical thing.