Work injury claim

swingaloo

When the Health and Safety people came in was that as a result of your wife complaining and if so why was there nothing done and no follow up?
Did they think the situation was acceptable?

Has the doctor said the problem is work related?

Has 'tennis elbow' been formally diagnosed? Tennis elbow is not a premanent condition and so would probably not be worth much in the way of compensation

dickydonkin

hottdang1 wrote: »

They brought a h&s expert in who did nothing at all

I am just wondering if the H&S 'expert' was a consultant or someone who professes to be an expert?

Either way, this expert would have no remit regarding the operations of the business - all he/she can do is advise and it would be up to the duty holder of the business to act on any recommendations.

Just because 'nothing at all' has been done, doesn't mean to suggest that the person who came in did not make recommendations.

It happens all to frequently where good sound advice and recommendations are given by safety professionals, but for cost, disruption of operations or just bloody mindedness, nothing is resolved.

This is a dangerous strategy due to the fact that if an injury does occur and the company were made aware of its shortcomings by a safety professional who advised on controls to reduce risk which were ignored, then the relevant enforcing body would take a very dime view - albeit scant consolation for the injured person.

I'm qualified in ergonomic risk assessments and I know the company neglected to resolve the matter

So after 'several years' of repetitive task work, why has this issue been raised after your wife had left the company?

I am sure she must have mentioned this to you much earlier and as you claim you are qualified in ergonomic risk assessments, the first question I would have asked her was that have you been made aware that a risk assessment has actually been carried out?

You also must have made her aware that she was placing herself at risk of MSD due to the repetitive nature of the work.

Of course, her injury is not her fault, but many will question as to why your wife is seeking legal redress after she has left the company and it may indeed transpire that the company were negligent, but I certainly would not wait 'several years' and subsequent suffering to prove that they were!