Injury at work claim

Noops

Hi everyone

I'm looking for some advice as to what happens next with my situation. The circumstances are fairly unusual and I will try to keep my explanation as concise as possible.

• September 2008 - I began working for an employer (public sector) in a work based role with significant admin time required on site
• I needed to use a laptop for 2-3 days a week and when in the office, it was a hot desking situation
• The hot-desking room varied from day to day (think plastic chairs, perched on the end of rickety tables, laptop cables everywhere)
• Dec 2008, I completed a DSE risk assessment form highlight some areas of concern. Forwarded to my Manager
• Summer 2009 - no action from DSE assessments, no improvement to working conditions despite numerous staff members asking at every team meeting for a proper working environment (approx 50 people doing the job I did)
• End of 2009 and I start to get lower back ache which was significantly exacerbated after days in the office. Another DSE form completed and sent to my manager along with a specific email telling him about my backache
• Early 2010, requested a formal meeting with my manager regarding my back ache and concerns. Meeting happened and was told to 'hold off' and that plans were in place to improve the working conditions once the Oftsed inspection (!) had taken place.
• Summer 2010, back problems significantly worsen, I wake up with a back spasm and take 2 days off work.
• Back to work and end up in tears in my Manager's office requesting that something be done there and then - nothing
• Late 2010 - worsening problems, pain now into my neck so I go to see my GP as this is more than everyday backache
• GP refers me to Chiro who diagnoses 'Posture Related Spinal Facet Joint Syndrome'
• Return to work after a day off with a neck spasm and tell my manager that I have no choice but to take legal action as now I would be incurring Chiro costs (£60 per week)
• Immedately, H&S are brought over to my 'office' and are disgusted with the conditions. Advise me to self refer to Occ Health
• Occ Health is also disgusted and produces a report detailing that my condition is a result of a poor working environment - predominantly having to be hunched over a laptop, sat at an awkward angle on a non-adjustable chair for extended periods of time
• Go to see a solicitor Feb 2011 who agree to take on my case
• Condition worsens so that I am unable to lift my son, hoover the stairs or push a trolley in the supermarket
• Chiro treatment begins to help and solicitor's case is ongoing
• My employer admits all liability and has no defence
• June 2011, I go on hol and the cramped conditions on the plane sets of my back/neck ache again (I fell asleep hunched up for 4 hours, ouch!)
• Further Chiro treatment aids the flare up
• Solicitor says causation now needs to be proven. Seeks a specialist to produce a report
• Aug 2011, get a new job
• Specialist number 1 refuses to see me as my coondition is out of his area of expertise - very unusual to have a claim based on an injury that has built up over a period of time apparently! But he does express concern over my Chiro treatment
• Return to GP as advised who refers me to Physio which is NHS recognised
• Physio treatment is very effective on the cervical headaches I got as a result of the neckache. Big improvements made!
• Specialist 2 sees me and conducts a 20 min consultation. Letter received stating poss Fibromyalgia!
• My Phyio strongly contests this as my pain is very localised and I have significant improvements. Also FMS is diagnosed after a long case history rather than a snapshot of my condition?
• Physio advises I get any mention of FMS removed from report and sends my Physio records to Solicitor
• Solicitor asks specialist to reconsider. He notes my improvements but states his diagnosis of FMS still fits

So here I am today. My solicitor is asking me what I want to do about this medical report. She states it wont affect my claim as the report on states FMS as a possibility. She has also asked for an update of the costs I have incurred so she can quantify the claim.

So it looks like the claim is still going ahead? My previous employer admitted liabality... but what next? Is this poss FMS link going to affect my compensation?

I appreciate this might not be the most fluid of posts so I am happy to clarify anything that is not clear.

has anyone got experience of anything similar?

Jarndyce

Surely your solicitor is the only person that can advise on that point- they should be telling you how the FMS diagnosis affects your claim, not the other way round!

Noops

Jarndyce wrote: »

Surely your solicitor is the only person that can advise on that point- they should be telling you how the FMS diagnosis affects your claim, not the other way round!

Yeah I know what you mean! I've never been involved with Solicitors on any level before but she seems very 'client-led' and also non-commital which I just presumed was standard but she doesn't seem to give me firm answers relating to implications or what happens next.

I can't fault her in other ways though, I just wish she was a bit more definitive in what she tells me.

Noops

I also feel bad about ringing her as she gave me a lecture about mitigating my losses on the first consultation so I'll ask a question, not get a definitive answer, she gets me off the phone sharpish then I feel I can't ring her to clarify as it's adding to the final bill!

t0rt0ise

Sounds like you need another consultant's opinion. You have to choose your consultant wisely. If you choose one who has a particular interest in rheumatic conditions then they will find a rheumatic cause as in fibromyalgia. Choose a proper orthopod and you'll get a different diagnosis.

Jarndyce

Noops wrote: »

I also feel bad about ringing her as she gave me a lecture about mitigating my losses on the first consultation so I'll ask a question, not get a definitive answer, she gets me off the phone sharpish then I feel I can't ring her to clarify as it's adding to the final bill!

Are you not on a 'no win no fee' arrangement?

Noops

t0rt0ise wrote: »

Sounds like you need another consultant's opinion. You have to choose your consultant wisely. If you choose one who has a particular interest in rheumatic conditions then they will find a rheumatic cause as in fibromyalgia. Choose a proper orthopod and you'll get a different diagnosis.

I think he was a consultant orthopod! Surely a specialist in rheumatic conditions wouldn't diagnose FMS based on a 20 mins snapshot of my medical history?

But I think you're right about getting another opinion. I know my solicitor struggled to get someone to produce a report though as it seems to be quite an unusual case (not that people have backache from poor working arrangements, but that have built up a case of evidence to take legal action and therefore need a report of this nature)

Noops

Jarndyce wrote: »

Are you not on a 'no win no fee' arrangement?

No I'm not but I was told to mitigate losses for the other party and to avoid unecessary phone calls. I presumed this was typical for solicitors. I guess it's to stop people ringing daily and asking for an update.

BlueAngelCV

What exactly does the report from specialist 2 say? I assume it is a report rather than just a letter as that would be very odd.

Does he attribute some of your pain to the working conditions but say also FMS? Does he say that you have FMS but that the working conditions exacerbated? Without further info it is impossible to give much advice.

Now that you have medical evidence your solicitor should be giving you advice on the value of the claim and if they haven't then you need to ask them to.

If you feel strongly that the diagnosis is wrong & that it adversly affects your claim then you could get a further report. However, you will likely have to disclose the first report in any event.

Noops

Just came back to report that my claim was settled last month. Claims of this nature aren't common, apparently however it was settled out of court and I got a lump sum. I just hope that my ex employer now takes the H&S of its staff a bit more seriously!

patman99

Thanks for updating us. Good to know all turned-out well.