Injured at work

[lionsden84]

Hi all.

 

I work in a very fast paced environment picking on a production line. We have to make 2 picks per second so as you can imagine this takes a toll on the arms. I started getting aches and pains my arms which I ignored as several of my colleagues also had the same thing and I thought it was nothing.

 

Last week however, as I lifted an object off the line, I felt something pull in my wrist and had shooting pains up my arm and I was unable to continue working due to the pain and I informed the supervisor who gave me some painkillers. I went for a break and returned to work.

 

The pain seemed to die off as I rested it overnight and I returned to work the following morning. However after only a few minutes of picking the pain returned. I struggled on for an hour but had to ask the supervisor if it was OK for me to go home as I was in too much pain.

 

I went to see my doctor on Wednesday but unfortunately it was a locum who was German. She didn't fully understand what the problem was and thought that I'd simply banged my arm, despite me constantly saying that this was not the case. She advised that I take painkillers and return to work the following Monday.

 

I informed work what the doctor had said and they told me I could return to work on Monday as normal. On Friday the pain had not gone and I was struggling to even hold a pen as I could not grip anything. I went back to the doctors and thankfully saw my own GP. He immediately diagnosed me with tendonitis and gave me some anti-inflammatory tablets and a sick note for a week. He also said that if it hadn't gone by then, then he would send me for physio.

 

The problem I have is this: I have been unofficially told by my supervisor that work are planning on pulling me into a meeting on Monday to discuss what has happened and what to do next. He also said that the managers have also been questioning my colleagues in regards to my 'picking techniques', insinuating that I was injured as a result of my own wrong picking technique and not because of any other reason.

 

The other problem I have is that I am only an agency worker and am very easily replaced. However, we were all informed when we started at this company that the work is for a minimum of 2 years.

 

I am worried about what is going to happen now and don't know what to do next. Because my doctors appointment was late on Friday, work don't know that I have a sick note for a further week. They are still under the impression that I am returning to work on Monday. On the other hand I feel like if I don't return to work on Monday then I may be sacked.

 

The company that I work for (not the agency) are very ruthless with their staff. The plant that I work at is new and has only been open for 2 months. I have been there for the whole 2 months. When I first started we were told exactly what was expected of us.

 

This included the 2 picks per second but we were also told that overtime was compulsory and not optional. After our third day at work we were informed that we would be doing 14 hour shifts for the foreseeable future. This obviously left us all extremely tired and sore all over, especially as we had to stand at a machine and make 2 picks per second for the entire shift. We were told anybody not doing the overtime would be replaced.

 

After a week of these shifts I telephoned a Government helpline and asked whether the company can do this. They informed me that by law employees must have at least 11 hours gap between one shift ending and another one starting. Of course doing 14 hour shifts meant that we only had 10 hours gap between shifts. Bear in mind that originally the job should have been for 30 hours, but now we are told we have to do a minimum of 60 hours a week plus any compulsory overtime.

 

I just wondered if anybody else has been in a similar situation and can give me any advice on what to do. My arm is still hurting and I can't grip anything fully but I feel like I have to return to work tomorrow despite having a sick note.

 

I have a feeling that at this meeting tomorrow, which I only know about because the supervisor told me unofficially, they are going to blame me for not picking properly and possibly sack me. I feel like I'm in a lose-lose situation here.

 

I am sorry if I haven't made this easy to read but I am really nervous about tomorrow and I'm not really thinking clearly.

 

I'd appreciate any advice you can give me.

[Bigredbus]

You have to turn to your contract of employment here... and give us more detail about its content...

 

Are you an employee of the employment business (agency), employee of the client (plant)?

[honeybee13]

Hello Lionsden and welcome to CAG.

 

Your problem sounds awful, I'm so sorry.

 

Guys, can someone be disciplined while on sick leave please? I thought there were rules about this. Also, could a grievance be appropriate. Sorry Lionsden, I don't necessarily have answers, just thinking out loud. I hope some more answers will turn up.

 

My best.

[lionsden84]

You have to turn to your contract of employment here... and give us more detail about its content...

 

Are you an employee of the employment business (agency), employee of the client (plant)?

 

 

I don't actually have a contract. I am registered with an agency of which I am an employee.

 

When I applied for the job it was explained that although it's a long term position (minimum 2 years) we would actually be employed by an agency and as such would not be a direct employee of the company (plant) that we actually work at.

 

That's the best way that I can describe it, I'm afraid.

 

Thanks for the welcome honeybee.

[honeybee13]

Hello again Lionsden and thank you for replying. I think Bigredbus, who is hovering and well able to speak for him/herself is saying that you should have a contract or particulars of employment with either the agency or the employer, as I understand it.

 

Over to you, BRB.

[Bigredbus]

a) The employment business (agency) should, and must, provide you with a statement of particulars of employment... that must be done within 2 months of being registered with them.

 

b) A leading case decided that in order to determine who is responsible depends on who has most control over you. However, your permanent employer (agency) has certain responsibilities over your H&S, in which they have to assess the risks you could face.

[Bigredbus]

Hi 'honeybee13'...

 

Nice to see you around...

 

[wobbly]

Despite the fact you work for an agency the company you are actually doing the work for are resposible for your health and safety,the injury you describe is a repetitive strain injury and you be should ensure it is recorded as such,you used to be able to claim industrial injury benefit but I am not sure that is still possible you need to check on dss website,you will have a possible claim against them,have many other people suffered similar injury? have they taken steps to prevent others getting injured by the same process?.If you are in a union contact them if you are not then seriously think about joining one,should you be called in you are entitled to have a person of your choice to accompany you,if you are refused this it is compensatable at a tribunal.I hope this helps.

Wobbly

[lionsden84]

Sorry, I misunderstood slightly. The contract that I have is just a standard agency contract. As I was registered with 3 different agencies at the time, and had virtually the same contract I put it to one side and didn't think any more of it. I will try to dig it out if you think I need to or if you need any info off it.

 

Wobbly - I'd never even considered making a claim. Maybe I'm a little naive but it's only these last couple of days that I've started to realise things might be more serious than I'd originally thought. Especially after speaking to my team leader.

 

I'm not a member of a union. With this company been new the whole shift are also new, and we had a meeting/talking to when we first started 2 months ago and were informed that as we were agency staff, we would not be permitted to join a union. I take it this isn't true?

 

This is the first time I've ever worked for a company that treats its employees so badly, and as such I've probably been a little naive, as I said.

 

Thanks again for your replies.

[lionsden84]

Wobbly - I was speaking to one of my colleagues this morning who informed me that nothing has changed - they still have to make 2 picks per second, despite everyone raising their concerns over this rate - and that someone injured their back the other day and was sent home.

 

I also decided to hand my sick note in after all and will now be off until Monday. I was also told, again by a colleague, that the HSE will be getting involved and will want to speak to me.

 

Shouldn't work be speaking to me about this themselves instead of letting me get updates from colleagues and spoken to 'off the record' by my supervisor? The only communication I have had from work is asking when I'll be back.

[Bigredbus]

It is good to see that the HSE is now getting involved...

 

Now... did you have proper training during your induction? Did the company make reference to health problem, or problems incurred by potentially doing the 'job' in a wrong way... or differently from what was shown to you (if anything has been shown!)?

Edited March 1, 2010 by Bigredbus
Addendum

[lionsden84]

Hi Brb.

 

The only health and safety 'training' we had was basics like watch out for forklifts and wear PPE at all times. We had zero training regarding our actual jobs such as how to pick correctly. We were literally brought in on our start date, sent to our machines and then the machines were switched on and we went straight to work. No job related training whatsoever.

 

Neither were we told anything regarding injuries or picking incorrectly. Our agency told us that the company had spent so much money building the plant that they just wanted to get up and running ASAP.

[Bigredbus]

This is a very good point... No training... no information about potential injury, or injuries... the picking up 'cadence' or speed... a true receipe for disaster...

 

Make note of everything... and inform the HSE!

[lionsden84]

Will do Brb. Do you think it is also worth mentioning the fact that the supervisors used to stand next to us with stopwatches and count how many picks we did in a certain time? It was made perfectly clear anybody not up to speed would be replaced so they put us all under a lot of pressure.

 

Do you know anything about the HSE? Are they employee friendly, on the side of the employer or are they truly independent?

 

Thanks for all of the advice so far, it's a big help.

[honeybee13]

Hi Lionsden. I haven't had dealings with the HSE personally, but they have a website you could have a look at. Then you can decide for yourself.

 

Keep plugging away at this, the company don't deserve to get away with it.

 

My best.

[Bigredbus]

a) it would be worth noting and possibly mentioning... why do they use stopwatches? Two reasons come up to mind... 1) they could be assessing the potential pick-up rythm and from it calculate an average speed, or 2) check employees against an average speed previously calculated.

 

b) HSE are neither in favour of employees, nor in favour of employers. They tend to be impartial and follow guidelines. If they conclude that the employer did not correctly assess the potential risks attached to this situation, then your employer could be 'in trouble'. Moreover, if employees have not been trained correctly to perform their task.

[wobbly]

You and anyone else has the right to be a member of union or not,if you were dismissed through being a union member you would have a case for unfair dismissel even though you havnt been employed for a year,and would win.As reguards your injury your employer has to report any injury to the HSE when it causes an absence of three days or more,I would suggest you telephone the HSE and discuss this matter with them,the important thing is that the company you are doing the work for are responsible for your health and safety not the agency although they have a duty of care.As you can imagine you may find a lot of people with sloping shoulders so you need to record every thing .Finally do yourself a favour and join a union you dont need to tell your agency or employer that you belong to one.

Wobbly