Injury at work

Adamantsinyapants

I will be honest i dnt know how our occu health works but we have several nurses employed directly by our company who cover our areas. We have a massive sickness record across the business in this specific role but also at our site we have had 3 people leave and 3 sacked in past 5 years 2 of which won back there jobs at internal appeal . I have asked both those what was involved and bot once did they mention seeing an external Dr etc

It is a case of lifting 35kg-120kg onto machines, program them set them and move onto the next machine etc etc then every 20 minutes repeat for 10 hours per day 4 days on 4 off then 4 nights on 4 off rinse and repeatWe are given a helper who is basically unskilled and just there to assist the lifting then they will go off start preparing the next job while we program the machine.

Adamantsinyapants

I expected as much and wondered best way to approach the situation.

I like my new role and am performing to a high standard and my recent yearly appraisal confirms this. As it requires no lifting i was hoping to just complete this role. Its basically quality control and liasing with customers and ironing out quality issues etc i spend 4hrs a day checking work and 4 hours a day in the office speak with suppliers emailing customers etc etc which really helps as the other office staff have no technical experience, i will even suggest changes to designs etc which the customers have really welcomed having someone who knows the manufacturing side of things.

The thing is if I hadnt been pressured into helping out those two days I wouldnt be where i am now. If my employer does go down dismissal route would I have any comeback on this fact? I did say at the time my sick note states no heavy lifting for another 3 months. I did ask cant you get two guys to load the machines and i will program them. Answer was no we only have one guy available to help you load.

Annoyingly I turned down a job offer from a customer after my first injury as at the time work were being so understanding but think I’ve used up all my good will with them.

Adamantsinyapants

Also my injury would not be classed as a disability.

I will be 100% fit and healthy after my operation and time to heal.

Undervalued

Adamantsinyapants wrote: »

I expected as much and wondered best way to approach the situation.

I like my new role and am performing to a high standard and my recent yearly appraisal confirms this. As it requires no lifting i was hoping to just complete this role. Its basically quality control and liasing with customers and ironing out quality issues etc i spend 4hrs a day checking work and 4 hours a day in the office speak with suppliers emailing customers etc etc which really helps as the other office staff have no technical experience, i will even suggest changes to designs etc which the customers have really welcomed having someone who knows the manufacturing side of things.

The thing is if I hadnt been pressured into helping out those two days I wouldnt be where i am now. If my employer does go down dismissal route would I have any comeback on this fact? I did say at the time my sick note states no heavy lifting for another 3 months. I did ask cant you get two guys to load the machines and i will program them. Answer was no we only have one guy available to help you load.

Annoyingly I turned down a job offer from a customer after my first injury as at the time work were being so understanding but think I’ve used up all my good will with them.

Indirectly may be.

You are mixing two issues. If your employer's negligence / lack of training / failing to comply with H&S laws etc caused you to be injured, then you may have a valid personal injury claim.

However if you are unfit to work long term, regardless of why, you can still be lawfully dismissed.

But, if you are dismissed (even lawfully) that may increase the value of any successful injury claim as you have clearly suffered a greater loss.

Manxman_in_exile

You don't mean you are lifting up to 120kg unaided do you? Even with a helper you'd probably be loaded with between 40 - 80kg. That seems like a lot to me, but I'm not a manual lifter.


Despite your reservations I'd be going to Occupational Health - can you self refer? You have a documented history of lifting at work aggravating an injury, had to undergo surgery as a result and were given a medical estimation of at least six months to recover, but were "pressured" by work to resume lifting before six months were up, and have now worsened the existing injury to the extent that further surgery is required. The company has in effect brought about further injury to you - although I think you'd have been justified in refusing with a fit note.


To me, going to OH with a full explanation of what has happened and getting them to document it is a no-brainer. Also, as suggested above, I'd be speaking to the H&S manager.


Nobody seems to have asked, but are you in a union?

Undervalued

Manxman_in_exile wrote: »

You don't mean you are lifting up to 120kg unaided do you? Even with a helper you'd probably be loaded with between 40 - 80kg. That seems like a lot to me, but I'm not a manual lifter.


Despite your reservations I'd be going to Occupational Health - can you self refer? You have a documented history of lifting at work aggravating an injury, had to undergo surgery as a result and were given a medical estimation of at least six months to recover, but were "pressured" by work to resume lifting before six months were up, and have now worsened the existing injury to the extent that further surgery is required. The company has in effect brought about further injury to you - although I think you'd have been justified in refusing with a fit note.


To me, going to OH with a full explanation of what has happened and getting them to document it is a no-brainer. Also, as suggested above, I'd be speaking to the H&S manager.


Nobody seems to have asked, but are you in a union?

Indeed!

Mind you a male ballet dancer is doing that on a regular basis, often with one hand and whilst making it look completely effortless!!

So it all depends on the circumstances, training etc.

I agree about being pro active regarding getting proper OH advice.

Manxman_in_exile

I'm not sure that many lift 80kg regularly. Maybe female ballet dancers have got fatter since I last went!

Undervalued

Manxman_in_exile wrote: »

I'm not sure that many lift 80kg regularly. Maybe female ballet dancers have got fatter since I last went!

No, but few if any ballerinas are under 40 kg! Plus, as I say, effortless and lifted above the head with one hand when appropriate.

Anyway, we digress!

Adamantsinyapants

No not alone we are always paired up with someone unless on one machine with a 10kg weight limit. We are usually paired with A casual worker, we even run a scheme to help ex cons into work so we were all trained to be manual handling assessors and trainers so when a new guy joins we show them the ropes make them watch a video and show them how to use the lifting aids then assess them and sign them off. This was also another reason for switching roles as working with an aggressive or lazy partner really makes for a bad shift! We do have some regulars though.

The average weight is usually 50kg so 25kg each probably do 2/3 an hour then two 30 minute unpaid breaks

Undervalued

Adamantsinyapants wrote: »

No not alone we are always paired up with someone unless on one machine with a 10kg weight limit. We are usually paired with A casual worker, we even run a scheme to help ex cons into work so we were all trained to be manual handling assessors and trainers so when a new guy joins we show them the ropes make them watch a video and show them how to use the lifting aids then assess them and sign them off. This was also another reason for switching roles as working with an aggressive or lazy partner really makes for a bad shift! We do have some regulars though.

The average weight is usually 50kg so 25kg each probably do 2/3 an hour then two 30 minute unpaid breaks

So similar to a builder with a bag of cement??

I am no expert on lifting rules but I would have thought with appropriate training that was perfectly reasonable?