Injury at work then refused time off for treatment

satchef1

Hi,

My GF tripped over a stair gate and fell down some stairs at work a few weeks back. She bruised her backside and twisted her knee. Her manager told her to get up and get back to work - she asked for an ice pack and was told they're for the children only. Her manager then lied on the incident form, writing down that first aid was applied and that she had offered to take her to hospital. My GF tells me she felt pressured in to signing it through fear of losing her job.

The next day she phoned in sick - in too much paid to go to work. Went to the doctors, got referred to the hospital, got signed off for two weeks rest. She was also told she needed physio. On submitting the sick note, her manager told her it wasn't good enough and that she needed her back on the Monday. Rather than sticking up for herself, she did as she was told despite still being in some pain.

Fast forward a few weeks and her manager has been allowing her time off to go to her physiotherapy appointments (as prescribed by the doctor). This week her manager forgot, scheduled her in and when it was pointed out she just said "I've been doing you a favour letting you have these off and I've had enough of it. This is the last one you're getting to go to."

Now, while I'm not sure how much of this is concrete truth, it sounds utterly appalling to me. In the organisation I work for, it would have been dealt with by now, but as it's a small business there's nobody looking over the manager's shoulder and the employees feel like they have nobody to turn to. Where does it stand legally? I was considering phoning the owner for a chat, but maybe a letter with some legal talk would be more effective? It strikes me that the injury was the employer's fault in the first place (metal bar of the stairgate base running across the stair - too easy to trip on) and if everything I've been told is true then her manager is was out of line and obviously has no respect for her employees.

miduck

Do not call the boss - your gf is an adult, and does not require your interference!

Your gf has no right to time off for medical appts. She may wish to pursue the employer for personal injury, but it is not clear whether they were negligent in any way, or if it was a simple accident?

denla

miduck wrote: »

Do not call the boss - your gf is an adult, and does not require your interference!

Your gf has no right to time off for medical appts. She may wish to pursue the employer for personal injury, but it is not clear whether they were negligent in any way, or if it was a simple accident?

She was signed off sick. Therefore she has right to time off, but she stupidly carried on working. What an idiot.

shop-to-drop

Is she in the union, probably her best bet.

miduck

denla wrote: »

She was signed off sick. Therefore she has right to time off, but she stupidly carried on working. What an idiot.

I missed that, thought the issue was after the sick leave. In that case, I do agree with you.

LunaLady

denla wrote: »

She was signed off sick. Therefore she has right to time off, but she stupidly carried on working. What an idiot.

Thats a bit harsh! She is obviously intimidated by her manager and worried about losing her job.

maninthestreet

Does your GF's employer have a HR dept.?

elsien

I tend to agree with those saying your girlfriend needs to be more assertive. If she carried on working and carrying out her normal duties for 2 weeks despite being signed off sick then that could imply that the injury was not as bad as originally claimed so she has done herself no favours at all, whatever her motives. You wading in on her behalf is not going to help.
With regard to the injury being the employers fault, as far as I know the majority of gates have the bar across the bottom, it's an integral part of the design and used in households across the country every day. Now I realise employers have a duty of care, but this seems to me to be pushing it slightly to suggest they are inherently unsafe.

Your girlfriend needs to start standing up for herself, refusing to be intimidated into signing false records and coming in to work if she shouldn't be there. Does the organisation have a grievance procedure?
And if she's worried about losing her job how long has she been working there for, as this is relevant to her employment rights?

TrickyWicky

I would never sign a document that has the wrong facts on it. There is no personal injury claim now that she signed the injury form with false info.

dickydonkin

miduck wrote: »

Do not call the boss - your gf is an adult, and does not require your interference!

Your gf has no right to time off for medical appts. She may wish to pursue the employer for personal injury, but it is not clear whether they were negligent in any way, or if it was a simple accident?

Please define a 'simple accident'. Is it where someone trips over a piece of loose carpet in an office and nearly falls over. Or is it where someone trips over the very same piece of carpet and cracks their head on the corner of a desk and fractures their skull?

Is the first example a 'simple accident' because nobody was hurt or was the second example a 'serious accident' because a skull was fractured? Please clarify because both incidents were hypothetically caused by a 'simple' piece of loose carpet.

If it is not clear what the causation or the full facts of the accident were, but until clarified, it may be prudent to keep your own counsel.

As for the 'interference', some people cannot or will not stand up for themselves for various reasons. That is not being critical of them, but as everyone is human with different personalities and traits, you should not be too critical of the OP's girlfriend.

If every employee had the ability to stand up for themselves, trade unions would be unheard of.

TrickyWicky wrote: »

I would never sign a document that has the wrong facts on it. There is no personal injury claim now that she signed the injury form with false info.

Absolute rubbish - a company cannot attempt to 'sign away' its statutory obligations in respect of health and safety. By falsifying that first aid was applied and a request for hospitalisation was refused, this does not detract from the fact if the company failed in its duty of care in the first place and negligence could be proved (balance of probabilities) in respect of the cause of the incident, with supporting evidence from her GP, there would still be a possibility of a claim.

denla wrote: »

She was signed off sick. Therefore she has right to time off, but she stupidly carried on working. What an idiot.

An 'idiot' who was in fear of losing her job?

notanewuser

elsien wrote: »

I
With regard to the injury being the employers fault, as far as I know the majority of gates have the bar across the bottom, it's an integral part of the design and used in households across the country every day. Now I realise employers have a duty of care, but this seems to me to be pushing it slightly to suggest they are inherently unsafe.

Yes, these types of gates (pressure mounted) are extremely common. However, every one I've ever seen has warned that they should not be used at the top of stairs for the very reason that they are a trip hazard. Gates at the top of the stairs should be screwed to the walls/banisters. I'd have thought this even more important in a workplace.

http://www.safetots.co.uk/blog.php/child_proofing/focus-on-stair-gates/

It is important to note that all pressure fitted gates have a trip bar. This is the bar that runs along the bottom of the gate and sits on the floor when the gate is mounted. In most situations this is not an issue as it is something you get used to very quickly. However, to have a trip bar at the top of a flight of stairs; particularly when you will be carrying your baby up and down the stairs; is a big safety hazard and should be avoided if possible. Some manufacturers sell additional step plates to convert the trip bar into a slight ramp, which is definitely advisable if you are to install pressure fitted gates.

http://www.which.co.uk/baby-and-child/child-safety-at-home/guides/how-to-buy-the-best-stair-gate/
Pressure fit stair gates

The gate sits within a fixed 'u' shaped frame which is held in place by pressure at four points. Extensions are often available if your doorway or stairway is wider than average.

They can be made of wood or metal. If the pressure is insufficient, then wall cups can be used to increase the security of the fixing.
Pros
There's no need to drill or screw these to the wall, so they are easier to install and won't leave holes behind
Additional features on pressure-fitted gates can include alarms to signal that they haven't been shut, or auto-closing mechanisms.
Cons
The frame can be a trip hazard as the 'u' shaped frame means a rail runs along your floor. For this reason, they should not be used at the top of the stairs.