Injured at work

EnglishItalian

Hi All,

I'm writing this mostly to vent but also seek advice on the correct steps to take. For obvious reasons i won't be giving any names or details.

I suffered an injury at work after i finished my shift 2 weeks ago. I was walking down the stairs (which were slightly wet, I assume they'd just recently been cleaned) slipped, and rolled my ankle which resulted in a grade 2 sprain (I found this out at a later date.) I limped on home, and went to A&E the next day as it was still swollen and painful. They diagnosed it as a mild sprain, and said to rest it so i did.
My next shift was 3 days later so while my ankle was still quite painful i thought i could manage it and went into work.
My manager practically refused to let me work, and sent me home.
Following that: I went to go and see a physiotherapist privately, and he diagnosed a grade 2 sprain, and cleared me to go back to work with a special brace to keep my ankle supported while i work.
I've just gone back into work, and the manager was fine with me working but then the store manager saw me limping slightly, and again refused to let me work because 'He refuses to be liable if i injure myself again because i've got a weak knee' (I've got a weak acl on my right knee from a previous car accident which i'm awaiting surgery for.) I personally feel like he has no right to mention this considering it was my left ankle i'd injured at the time so my right leg has nothing to do with this.
I never reported my injury because i like this company and i just wanted to get back to work asap but now i can't help but feel like they're covering their tracks.
Are they acting like this because this injury happened at work? Why?
It's almost like they've manipulated me into not providing a fit note.
I'm thinking about contacting HR but i'm unsure on what they can do considering i'm still in my probation period (My company also doesn't have occupational health.)
Thought i'd update this: After having a long discussion with HR they've ruled in my favour after deeming the manager hadn't followed the correct procedures. Him mentioning my knee was considered unprofessional considering i had evidence from a healthcare professional that it would not affect my current injury or my ability to do my job. They noted a private physio's letter was just as reliable as a GP and that they should have allowed me to work.
After having a meeting this morning my company have now agreed to pay me my full wages for the days they refused to allow me to come in.

pramsay13

It's up to your employer to decide if you are fit to work, although that would normally be done at a meeting with a proper risk assessment done.

Are you on full pay?

EnglishItalian

pramsay13 wrote: »

It's up to your employer to decide if you are fit to work, although that would normally be done at a meeting with a proper risk assessment done.

Are you on full pay?

No, I'm unpaid during the time they want me off. Also, I would have thought that i'm well within my right to return to work especially with a fit note from the doctor clearing me.

elsien

Your ankle injury could potentially impact on your knee, because it alters your gait. Which may be why they've mentioned it.
You've lost me with talking about being manipulated into not providing a fit note though. Your employer can override a fit note if they have concerns. At what point are they saying you can return to work? Have you now been to the GP?
What is your job role?

ToxicWomble

You really should have reported the accident as per the company accident reporting policy.
You may be on a sticky wicket as there is no evidence that you got the injury in the workplace, let alone that they may be liable.

Blatchford

EnglishItalian wrote: »

Hi All,

I'm writing this mostly to vent but also seek advice on the correct steps to take. For obvious reasons i won't be giving any names or details.

I suffered an injury at work after i finished my shift 2 weeks ago. I was walking down the stairs (which were slightly wet, I assume they'd just recently been cleaned) slipped, and rolled my ankle which resulted in a grade 2 sprain (I found this out at a later date.) I limped on home, and went to A&E the next day as it was still swollen and painful. They diagnosed it as a mild sprain, and said to rest it so i did.
My next shift was 3 days later so while my ankle was still quite painful i thought i could manage it and went into work.
My manager practically refused to let me work, and sent me home.
Following that: I went to go and see a physiotherapist privately, and he diagnosed a grade 2 sprain, and cleared me to go back to work with a special brace to keep my ankle supported while i work.
I've just gone back into work, and the manager was fine with me working but then the store manager saw me limping slightly, and again refused to let me work because 'He refuses to be liable if i injure myself again because i've got a weak knee' (I've got a weak acl on my right knee from a previous car accident which i'm awaiting surgery for.) I personally feel like he has no right to mention this considering it was my left ankle i'd injured at the time so my right leg has nothing to do with this.
I never reported my injury because i like this company and i just wanted to get back to work asap but now i can't help but feel like they're covering their tracks.
Are they acting like this because this injury happened at work? Why?
It's almost like they've manipulated me into not providing a fit note.
I'm thinking about contacting HR but i'm unsure on what they can do considering i'm still in my probation period (My company also doesn't have occupational health.)

I'd have handled it differently, but I'd also have sent got home. In fact, as one of my staff can attest, I did - and his is a mainly office based job. I'm guessing yours isn't.

What tracks are they covering? They might have had some responsibility for the injury itself if you reported it and the circumstances had been investigated at the time it happened. Now it's open to debate whether there was any responsibility or even if it happened at work. What is clear, however, is that your ankle is damaged, you have a damaged knee, both could influence each other, and the employer could be deemed responsible if, knowing that, they allow you to do work that risks further damage. If they have suspended you on medical grounds then you are entitled to be paid in full. Can you prove that they have?

I'm unclear about the fit note issue. Have you given them one?

What can they do in your probationary period? Well they can sack you for almost any reason whatsoever during the first two years. So I'm sorry but you are right to be cautious if you want or need the job.

EnglishItalian

ToxicWomble wrote: »

You really should have reported the accident as per the company accident reporting policy.
You may be on a sticky wicket as there is no evidence that you got the injury in the workplace, let alone that they may be liable.

There is evidence. It's all over CCTV

custardy

EnglishItalian wrote: »

There is evidence. It's all over CCTV

There maybe evidence of you falling.
Trying to apportion blame to the 'wet' floor retroactively is another matter.
Does your injury limit the work you can do?

jonnygee2

I never reported my injury because i like this company and i just wanted to get back to work asap but now i can't help but feel like they're covering their tracks.

You should have reported it, in many companies not reporting an accident at work can lead to a disciplinary, because it's a necessary part of HSE that things get reported. Someone else could have slipped on those stairs after you, or the person who left them wet could keep doing it and cause another accident as a result of your failure to report what happened.

The store manager has probably quite rightly deduced that you aren't very savvy when it comes to HSE, and is therefore being extra cautious about your return to work.

swingaloo

Im not sure why you are venting. where the company negligent or did you simply slip?


You didn't report it happening. You went to the hospital and were advised to rest it but 3 days later even though it is still painful you make a decision to go to work.

Your manger sends you home which is the right thing to do. If you had stayed and injured yourself more then you would have held them responsible.

I don't understand why you think they are manipulating you. They have no tracks to cover and you will not be in a good position to hold them liable for an accident that you didn't even think was important enough to report at the time.