Unable to work overtime due RTA injuries.

neen80

Hi

I hope someone can give me some advice about this as I seem to be going around in circles.

I had a non-fault RTA back in October 2011, my car was written off and I sustained back and neck injuries. I work for the NHS as a HCSW which is a physically demanding job. Leading up to the accident I regularly did extra Bank Nursing work, between 4-5 shifts a month. I was off sick at first due to the injuries, had physio then went back but only lasted 5 months before I went off again due to the ongoing pain in my back and neck.

I was referred to Occupational Health for more physio, which is still ongoing, was referred to an Orthopaedic Consultant who confirmed my injuries were caused by this accident and to have ongoing treatment.

Now this is where I have a problem.

I have had no choice to put in a special damages claim for the lost overtime, as I have been struggling financially as as direct result of the accident. Payrol have confirmed to the insurance company that I had been doing regular Bank shifts and have given them an average of earnings. Now insurance company want it confirmed in writing that the reason I havent worked these shifts is because of the injuries caused by the accident.

My Ward Manager agrees I am still not fit enough, I am still on regular painkillers and under Occupational Health having physio (I have also just been given another second set of physio session by insurance company) I am just about managing my normal work hours, I am trying my best not to go off sick for a third time.

When I asked my Manager if she would confirm in writing that I have not and still cannot do extra shifts, she told me I had to go through Occ Health.

The Physiotherapist I am beeing treated by in Occ Health told me to contact the manager of that department. I have spoken to him, he said they don't do this.

All I need is someone to confirm, in work, that I havent done overtime because I am unable to since the accident. Its all there in my records since it happened. I even had a discussion just last week with my Manager who is still saying she agrees I'm not physically fit enough.

Honestly, I feel like bloody pulling my hair out. Its a year next month without this extra income. Based on the average earnings I have already lost approx £2,500!

Has anyone been in this position? I don't know who will help me in work just get this confirmed.

Just to clarify, it is not a personal injury claim. It is specail damages for financial losses.

Thank you all for reading my rather long post.:)

Poppie68

I think while they can confirm you havent' done bank shifts, they cant' say if it was down to you being injured or not.

InsideInsurance

Whilst your situation is slightly different in that working for the NHS some of your colleagues may be medically qualified I still would expect either one of your doctors Occ Health to be the ones that judge if you are fit to do your job and/ or overtime and not your line management or HR.

cally6008

Would payslips confirm you haven't done overtime ?
(just a thought)

neen80

Thank you for answering.

I understand what you mean but its my ward manager and occ health who can stop me from doing overtime. My manager has actually said I can't do the extra shifts because of my neck and back and because it resulted in a second sickness absence. Before the accident I had a clean sickness record, with no back and neck problems. My manager and occ health know this is a direct result of the accident.

neen80

Payroll have confirmed I haven't done overtime since, they have provided evidence of overtime leading up to the accident and also confirmed I have not been offered any since due to my injuries. That is because my payroll officer spoke to my Manager. But it seems the insurance company want more confirmation in writing.

Poppie68

I think most employers would struggle at 'confirming' you cant' do extra hours because of the injuries.
Would they maybe be willing to write a letter saying' your work hours have had to be restricted due to injuries you sustained in the accident and problems since'
In a way it's just a play on words.

InsideInsurance

neen80 wrote: »

My manager has actually said I can't do the extra shifts because of my neck and back.

This would be slightly different but if they are refusing to evidence it in writing then there is little you can do and your better route would be with your doctors (assuming they agree that you are unfit to do overtime)

neen80

That was my fear to be honest. The Insurance company has asked for the confirmation from my employer. I doubt they would accept a GP note because after all, it is my direct manager and Occ Health that can stop me.
Thing is though, I know Im not fit enough. Im in too much pain to take on extra shifts.

Poppie68

Your gp would'nt be able to issue you a sick note, you r not unfit for work, just not able to do overtime.

neen80

Exactly my problem!

Im just about coping with my normal work hours.