Sufficient training? Pressure from manager?

BrotherUuurgh

Hi guys,

So this is something I've just kicked down the road trying not to accept the reality, but the past couple weeks have been so bad that I feel I need to face it all now and accept it - my back injury is seriously getting in the way of my everyday life, both in employment and enjoyment. I recently listed some photography gear for sale as I'd not used it much due to its weight, but a short while after I removed the listing as didn't want to let it go. I didn't want to accept it might be too much for me. Similarly, I've been reluctant to go for a less physically demanding job though it would be more ideal on my back. The money is great and the people/places equally so.

I've been very nervous about my back after picking up an injury at work about 2 years ago now, where I was off work for a few weeks, it spoilt Christmas, and have had numerous episodes since, of a few days, where I can't come in to work. It's took joy out of my hobbies and personal life, but now it's every day things. I was hoovering over the weekend and the most excruciating pain I've ever felt shot up my back. My right leg was tingly for hours after. This has happened before but only when I overexerted. Now it's regular, once a day at leas, where I get this pain. It brought me to tears over the weekend. I'm 32, it's too young to be suffering like this already. 

As a result I've put an application in for PIP due to the effect on my everyday life, but I just wanted to see also if I might be entitled to a claim against my previous employer (is there a deadline for things like this?). I'd received laptop based manual handling training, ticked a box and just about passed a generic test. I wonder if this is sufficient? Unfortunately the evidence of the pressure I was under (my old work phone) is now gone so I don't really have any hope, but wanted to get it off my chest either way. Against tight deadlines and working alone on a large private property, and the messages and calls I was receiving I felt I had no choice but to proceed. I was instructed to carry on "until the lifting equipment arrives", or we "might have to have a chat". I was worried there might be repercussions for "not working" until the equipment arrived (I'd gone as far as I could).

It's cost me multiple days off sick, my joy and participation in hobbies and activities, can't go to the gym any more, gaining weight, getting depressed, spending a lot on prescriptions each month, my body is getting worse for the work that I'm doing etc... I guess I'm rambling a bit. I'm now getting and feeling really quite depressed so helps to get the thoughts out.

Is laptop training enough in the case of manual handling? Did my employer pressure me? Sorry for the incoherent stream. 

LightFlare

Had you raised any concerns about the quality or efficacy of the training when completing it and upon passing ?

Did you suggest at the time that the injury could have been caused by insufficient training ?

Was the injury reported under RIDDOR?

BrotherUuurgh

I did mention to the health and safety person that it seemed a bit poor, that you wouldn't box-tick to obtain a driving license, but only verbally. I did suggest, again verbally, that it may not have happened if my training involved real world demonstrations and tests. 

I don't think it was reported under RIDDOR as I came back in to work before the time where it would then need to be reported, at least that's what I was told. I was trying to be a good worker, but was then sent home for a few weeks as it was clear I couldn't carry out my duties. 

General_Grant

BrotherUuurgh said:

Hi guys,

So this is something I've just kicked down the road trying not to accept the reality, but the past couple weeks have been so bad that I feel I need to face it all now and accept it - my back injury is seriously getting in the way of my everyday life, both in employment and enjoyment. I recently listed some photography gear for sale as I'd not used it much due to its weight, but a short while after I removed the listing as didn't want to let it go. I didn't want to accept it might be too much for me. Similarly, I've been reluctant to go for a less physically demanding job though it would be more ideal on my back. The money is great and the people/places equally so.

I've been very nervous about my back after picking up an injury at work about 2 years ago now, where I was off work for a few weeks, it spoilt Christmas, and have had numerous episodes since, of a few days, where I can't come in to work. It's took joy out of my hobbies and personal life, but now it's every day things. I was hoovering over the weekend and the most excruciating pain I've ever felt shot up my back. My right leg was tingly for hours after. This has happened before but only when I overexerted. Now it's regular, once a day at leas, where I get this pain. It brought me to tears over the weekend. I'm 32, it's too young to be suffering like this already. 

As a result I've put an application in for PIP due to the effect on my everyday life, but I just wanted to see also if I might be entitled to a claim against my previous employer (is there a deadline for things like this?). I'd received laptop based manual handling training, ticked a box and just about passed a generic test. I wonder if this is sufficient? Unfortunately the evidence of the pressure I was under (my old work phone) is now gone so I don't really have any hope, but wanted to get it off my chest either way. Against tight deadlines and working alone on a large private property, and the messages and calls I was receiving I felt I had no choice but to proceed. I was instructed to carry on "until the lifting equipment arrives", or we "might have to have a chat". I was worried there might be repercussions for "not working" until the equipment arrived (I'd gone as far as I could).

It's cost me multiple days off sick, my joy and participation in hobbies and activities, can't go to the gym any more, gaining weight, getting depressed, spending a lot on prescriptions each month, my body is getting worse for the work that I'm doing etc... I guess I'm rambling a bit. I'm now getting and feeling really quite depressed so helps to get the thoughts out.

Is laptop training enough in the case of manual handling? Did my employer pressure me? Sorry for the incoherent stream. 

I'm not commenting on the real substance of your post but did notice the words I have emboldened.  Are you paying for prescriptions individually?  If so and you think this need will continue, do consider getting a 12-month pre-payment certificate which could save you some money.

Savvy_Sue

BrotherUuurgh said:

As a result I've put an application in for PIP due to the effect on my everyday life, but I just wanted to see also if I might be entitled to a claim against my previous employer (is there a deadline for things like this?).

You can claim if the accident happened within the last three years, however my quick googling (injury claim against employer) tells me: 

• Evidence
  You'll need to gather evidence to support your claim, such as:

  • A record of the incident in the workplace accident book 
  • Witness contact details 
  • CCTV footage 
  • Photographs of the injury and accident scene 
  • Medical evidence, such as a diagnosis or hospital records 

So, what are the chances of you gathering this evidence, given that you no longer work there? 

This is where being in a Trade Union might have been worthwhile, both at the time and now. 

BrotherUuurgh

Accident book - I don't believe anything went in the accident book, as I was never asked anything about the incident. I just said that I've been hurt and need to go to hospital and was allowed to go.

Witness/CCTV - I was alone in the building at the time but the property owner was present, who I texted about what was happening (after dialing 111 they advised they might need to send an ambulance so property owner would need to open the gates). There was CCTV in the building however files have probably gone by now.

Photographs - unfortunately none taken as once I'd managed to get myself the 50yds back to the van, I wasn't capable of walking any more. Even then, I wasn't in a headspace of gathering evidence as I was a bit shocked by the injury and the effect on me.

Medical evidence - I have plenty of this since the day of injury and a diagnosis since Nov 23 (yes, nearly A YEAR of complaining before getting an MRI...). Diagnosis and constant prescriptions, one which is a repeat Since April.

Needless to say I've learned from this experience and take no risks or buckle to pressure from anybody, but it's left a really sour taste 😔. 

DullGreyGuy

Law of limitations is 3 years for injury claims, this is the time you have to start court proceedings and there are various protocols you need to go through before issuing so you have less options as you get closer to the 3 year deadline. 

It's not clear what your former career was, how the accident happened etc. As such desktop learning and simple post learning test may or may not have been suitable for your work. Was this the first time in the job or did you start the job saying you've done the same work for 10+ years? 

Lots of prescription charges? Then get a prepaid card, assuming you're prescribed at least 11 medicines a year. Also talk to your GP about giving more than 1 months supply at a time

LightFlare

DullGreyGuy said:

Law of limitations is 3 years for injury claims, this is the time you have to start court proceedings and there are various protocols you need to go through before issuing so you have less options as you get closer to the 3 year deadline. 

It's not clear what your former career was, how the accident happened etc. As such desktop learning and simple post learning test may or may not have been suitable for your work. Was this the first time in the job or did you start the job saying you've done the same work for 10+ years? 

Lots of prescription charges? Then get a prepaid card, assuming you're prescribed at least 11 medicines a year. Also talk to your GP about giving more than 1 months supply at a time

I 100% second this -- I have 5 different medicines per month, so it quickly makes financial sense to get a prepaid

They do 3 month and 12 month as I believe you can spread the cost of the 12 month one

Cobbler_tone

Unfortunately it sounds as though that ship has sailed. Perhaps not legally (time based) but it doesn't sound as though you have a lot of evidence or detail on the events.
As a minimum you will have had to have reported it correctly, including the employer recording it. The starting point an accident book but in many companies with a full investigation and potential RIDDOR if it was a lost time injury.
If they have given you MH training online, they have given you some training. Whether this was sufficient depends on a lot of other questions and circumstance. 
It sounds as though lone working may have been an issue.
I think the best you can do (for peace of mind) is a report to the HSE with concerns as they don't sound as though they are on top of their H&S responsibilities. 

Personally I feel your pain and at 55 have suffered with back issues since the age of 18 and had 3 operations. Hopefully with the advancement of pain relief and available treatment you can get the help for a better future, both with your back pain and mental health. Then I am sure there will be lots of suitable employment out there for you.

As others have said, get a pre-paid prescription ASAP, it'll save you a significant amount of money.

All the best.

BrotherUuurgh

Thanks for the comments. I thought there might be little to no chance, but I feel so aggrieved by the whole thing. Long as he's OK raking in his millions, who cares about a nobody employee who grafted to make him all that money in the first place... The most important thing is I've learned the lesson which should help in future. 

I've also just bought a 12 month prescription certificate. Didn't know anything about it until now, so thank you very much for that.