injured at work. what should I do ?

tinytot1390

What don't you mean?

tinytot1390

Iv asked what light duties they would want me to do and I was told I could help with breakfast, I can't hold a kettle or carry a tray so I would be useless. Iv spoke to my gp who has advised that if I go back to do light duties I maybe put in a position were I feel I have to do more than what I can. Yes the residents would like more time to chat but I know I wouldn't be left to do that. I'd also feel bad while everyone else is running about I'm sitting not able to help.

elsien

If they want you to go back on light duties then I would suggest an occupational health referral first so you and the employer are both very clear on what you can and can't do.
When you reported the earlier incidents, was this verbally or via an incident reporting system?

dickydonkin

tinytot1390 wrote: »

Iv asked what light duties they would want me to do and I was told I could help with breakfast, I can't hold a kettle or carry a tray so I would be useless. Iv spoke to my gp who has advised that if I go back to do light duties I maybe put in a position were I feel I have to do more than what I can. Yes the residents would like more time to chat but I know I wouldn't be left to do that. I'd also feel bad while everyone else is running about I'm sitting not able to help.

No mention has been made as to how much time off work this injury has caused - this is relevant in respect of RIDDOR regulations as your injury would need to be either a 'specified injury' (which doesn't seem to be the case here) or an 'over 7 day incapacitation'.

The former needs to be reported to the HSE within 10 days with the latter needing to be reported within 15 days of the incident.

I am assuming that this is an over 7 day incapacitation ,although incidents of non-consensual violence in themselves can also come under RIDDOR regulations where an incident was 'work related'.

Without the evidence of what policies, procedures, risk assessments, safe systems of work, training etc are in place (or otherwise) it would be unwise to start determining the validity of a negligence/PI claim.

However - and from a particular incident I had to deal with relating to an employer who was very reluctant to report an incident under RIDDOR regulations, from your post, I would be very wary of accepting 'light duties' so soon after an injury.

The regulations quite clearly stipulate that an over 7 day incapacitation is defined as:

"An employee, or self-employed person, is away from work or
unable to perform their normal work duties for more than seven consecutive days (not counting the day of the accident)".

Notice the red bold.

The incident I alluded to earlier was when a machine operator trapped a hand in a machine which (very luckily) resulted in only very severe bruising and strains which at the time was going to be a reportable 'over three day' injury prior to legislation change which later changed to seven days.

I state 'only' as by luck, this could easily have resulted in the hand being amputated.

As the responsible person for reporting incidents that fell within the remit of RIDDOR, I was asked by the director of the company (a multi-national) to hold back on reporting the incident as they were going to get the injured person to come into work and do 'odd jobs'.

This was very blatantly an attempt to avoid reporting the incident (this company had a dreadful safety record and was on the HSE's radar) however, I had to forcefully explain how the legislation worked and if the injured person could not perform his 'normal work duties', then he could not return to work.

The incident was reported and unsurprisingly the HSE visited the premises - I didn't know the outcome as I left the company after I completed the accident report and uncovered the horrendous practices that were going on.

I apologise for drifting off the original situation, but in respect of the OP's plight, if you have/are going to be off work for over seven days, ask your employer if the incident has indeed been reported and be very wary of returning back to work early performing tasks that are not 'normal work duties'.

And just to add, heed you doctors advice.

TBagpuss

tinytot1390 wrote: »

Iv asked what light duties they would want me to do and I was told I could help with breakfast, I can't hold a kettle or carry a tray so I would be useless. Iv spoke to my gp who has advised that if I go back to do light duties I maybe put in a position were I feel I have to do more than what I can. Yes the residents would like more time to chat but I know I wouldn't be left to do that. I'd also feel bad while everyone else is running about I'm sitting not able to help.

Have you specifically said to them "I can't hold a kettle or carry a tray, what specifcally are you proposing that I could do to help with breakfasts?"

I think that it may be worth going in but standing firm about what you can and can't do. (e.g. - I can speak with patients, if you wish me to answer the phones I xcan do that. I cannot lift or carry anything, however small, I cannot help with turning or trnasferring pateients, I cannot carry trays or lift plates or pans

ab1982

Sounds like your employer thinks your milking it and is hoping to force your hand (no pun intended) to return to work as this will look better if you decide to claim for compensation.