Accident at work query about redeployment

badgerbread

I have had an accident at work which resulted in me having a slipped disc. This happened about 12 weeks ago and I am still suffering and not being able to even walk properly. Even though I have gone back to work I am struggling because I work with children. My employer is the local council and I have queried about possibly being redeployed. My main worry is that they wrote that they cannot guarantee redeployment if this happens can they find me unfit to do my present job and could I end up losing my job? I can't afford to be out of work my work are paying for me to have physiotherapy but there is no guarantee this is going to work. Do I go down the route of asking for redeployment or just leave it and hope I will eventually be fit enough either to find a new job or stick to the one I am in?

Phil_68

Get legal and union advice ASAP.

This will never resolve itself if you don't get things in place NOW!

ohreally

Do you have pension provision as this may influence the outcome direction?

You may find yourself out of a job in the end though.

badgerbread

I do have a work pension how would that influence any outcome? Thanks for the advice about the union will get in touch with them tomorrow

Crazy_Jamie

If the accident was the fault of your employer it is highly unlikely that they would dismiss you on the basis that you are unfit to work, because your loss of future earnings would then be recoverable in any personal injury claim.

If the accident was not the fault of your employer, they are required in any event to gather relevant information (from both you and in the form of medical opinion) as to your prognosis and the prospects of you returning to work. Even if you are unfit to continue in your present role, they do then have to look at alternatives. The best way to go through this process if by communicated and co-operating with your employer, though the support of a union would clearly be beneficial to guide you through that process.

Takeaway_Addict

Crazy_Jamie wrote: »

If the accident was the fault of your employer it is highly unlikely that they would dismiss you on the basis that you are unfit to work, because your loss of future earnings would then be recoverable in any personal injury claim.

If the accident was not the fault of your employer, they are required in any event to gather relevant information (from both you and in the form of medical opinion) as to your prognosis and the prospects of you returning to work. Even if you are unfit to continue in your present role, they do then have to look at alternatives. The best way to go through this process if by communicated and co-operating with your employer, though the support of a union would clearly be beneficial to guide you through that process.

Why is it unlikely they would dismiss, they still have to pay SSP, holiday etc and ultimately the difference would still be claimed back in a personal injury claim which I would have thought their insurance would pay for.

Surely they are two separate issues?

Crazy_Jamie

Takeaway_Addict wrote: »

Why is it unlikely they would dismiss, they still have to pay SSP, holiday etc and ultimately the difference would still be claimed back in a personal injury claim which I would have thought their insurance would pay for.

Surely they are two separate issues?

If the accident is or could be the fault of the employer, the insurer will already have been informed. Whilst I am clearly not privy to the terms and conditions of the insurance policy, I highly doubt the insurer would be receptive to a cynical move to dismiss the OP on the basis that it would fall on the insurer to pay wages from that point onwards in the form of a loss of earnings claim.

I should perhaps have clarified that dismissal is unlikely in the short term; clearly it is a possible eventual outcome in any event. But before that time arrives steps would practically have to be taken whether the accident is the fault of the employer or not.

badgerbread

Thanks so much for all your replies I have now contacted the union and I am waiting for them to get back to me. It was my employers fault which is why they are paying for me to have private physio. Unfortunately got told today though that the physio is not working and I may need an operation! It's good to know that you guys are out there to be able to point people like me in the right direction thanks again