Repetitive Strain Injury from work

Loulou2017

Hi, I've worked in the same local government maintained nursery/ preschool for 17 years. I've been  diagnose with prepatella bursa in my right knee and the other knee is starting to show symptoms. It started just before covid but this is the first time I've had to take time off due to it, as it was so swollen I couldn't bend it.
I had 6 weeks off work and I'm looking at a possible op to sort it out.
My question is that as this condition is causes by kneeling on hard floor and crouching ( something I do at work everyday) and I'm the 3rd staff member to get this condition is it worth seeking legal advice?
I feel that if the op doesn't sort my knee out then I won't be able to continue in me job. 
The manual handling training I've had is more for an office environment and it was only 2 years ago we finally got 1 knee cushion between 30 staff. 
Has any been through the same sort of thing ? 

Brie

Ouchy!  Having had a knee replacement a couple of years back I do feel your pain!!  

Your employer should be supplying you (& the others) with everything that is needed to do your job safely.  You may need to get them to engage with someone to do a reasonable adjustment or occupational health assessment.  I suggest you talk to the HR department for the local government that deals with your workplace.  If they refuse to assist then that's when I'd start considering legal advice.  But mention that to them to see if it puts dynamite under their backsides.

And I suggest you also take advantage of the open garden centres etc where you can get your own kneeling pad possibly for just a £1 or two.  Actually get more than one as your colleagues are likely to "borrow" it.

TELLIT01

Have you or any other affected staff members ever requested an OH assessment?

Jude57

Loulou2017 said:

Hi, I've worked in the same local government maintai'ned nursery/ preschool for 17 years. I've been  diagnose with prepatella bursa in my right knee and the other knee is starting to show symptoms. It started just before covid but this is the first time I've had to take time off due to it, as it was so swollen I couldn't bend it.
I had 6 weeks off work and I'm looking at a possible op to sort it out.
My question is that as this condition is causes by kneeling on hard floor and crouching ( something I do at work everyday) and I'm the 3rd staff member to get this condition is it worth seeking legal advice?
I feel that if the op doesn't sort my knee out then I won't be able to continue in me job. 
The manual handling training I've had is more for an office environment and it was only 2 years ago we finally got 1 knee cushion between 30 staff. 
Has any been through the same sort of thing ? 

Can I just ask for clarification - one cushion between 30 staff? Is that right? 

The next question I'm sure others would also ask is whether you're in a union?

Loulou2017

Thank you,
I was thinking of getting the wearable knee pads like carpet fitters wear. It's not much fun having knee issues, I'm only 37. I have a phone meeting with   Occupational health next week, I don't even think they have recorded it as work related so far .
At the moment I'm on light duties but due to the lack of staff I feel under pressure to do more. 
Just feeling worried 

Loulou2017

Yep 1 cushion to 30 staff. I know its laughable. 
But it does show they are aware of the risk of kneeling and have not done enough to stop injuries happening.
I think one of the other members of staff had a risk assessment as they had to have a op too. The other wasn't as bad and only had two weeks off.

Loulou2017

Not in union but I'm about to sign up 

Jude57

Loulou2017 said:

Not in union but I'm about to sign up 

I'm afraid you'll be unable to get full union support with this issue if you join up now. It's like insurance; you can't take out a policy right after an accident and expect a pay out. The union may be prepared to give support going forward if your colleagues also join, as there's a 'common good' consideration, plus unions have their own health and safety experts who can help you.

If your consultant has told you that your condition is directly as a result of your work, you may have a case against your employer if you can prove negligence on their part, but remember, we as individuals, are equally responsible for our own health and safety, so think about what steps you have taken to protect yourself over the years. if you are joining a union, seek legal representation via the union. If you seek legal representation elsewhere, the union won't continue to represent you. If you are going to use an outside solicitor, check whether your home, car or life insurance covers legal advice. If not, and you go with a no-win, no-fee firm be absolutely certain you understand the terms of your contract with them.

For now,  I'd be requesting an Occupational Health assessment, plus an Access to Work assessment. These will help you identify your ability to continue in the same job and whether reasonable adjustments could help you to do so. Again, what is reasonable depends on the job and employer.

Loulou2017

I know, i should have joined sooner.
Was more just hoping for a rep in meeting if it does escalate. 
It wasn't a condition I was aware of until it happened to me.
As their has already been cases should the work place have already risk assessed and made staff aware ? 

Marcon

Loulou2017 said:

Yep 1 cushion to 30 staff. I know its laughable. 
But it does show they are aware of the risk of kneeling and have not done enough to stop injuries happening.

Given a knee pad is a couple of pounds, why didn't you buy yourself one when you realised your knees were becoming increasingly painful? Employees share responsibility for their own welfare and well-being; it's not always 'the employer's fault'. 

Any idea why, after 17 years, the condition apparently has suddenly cropped up - what's changed?

Loulou2017

That why it's called a repetitive strain injury, the same as if someone is sit at at computer all day work places are required to provide H&s training/ risk assessment and suitable equipment to avoid injury. I didn't know what was going on with my knees to begin with i thought I had arthritis, it wasn't until I saw the doctor and had x-ray. 
At that point I was already avoiding actions that made my knees worse.
But the damage was already done.
My question was if an employer is aware that their an issue shouldn't they at least give staff that information so they can change how they work.
I only found out about the other two staff having the same issue after I was diagnosed.