Getting pressured to go back to work while injured

[ScotsCraig]

Hi all,

Newbie needs advice here I am currently off work with a broken elbow after falling on the way to work about 7 weeks ago. My elbow was broken in 3 places and required surgery including pins and tension wires being put in place to hold my elbow together. On my last visit to the hospital last week I was told that because it was such a bad injury it was healing slowly and the doctor signed me off for another 3 months while putting me on physiotherapy until my next appointment to the fracture clinic near the end of January. I still cannot straighten my arm, turn my wrist so my palm is face up or lift anything much heavier than a full glass of water. I also wake up each morning with a lot of stiffness in my arm which only eases as the day goes on and I do the exercises given to me by my doctor. When I informed my line manager that I was being signed off for another 3 months he wasn't happy and has sent me an e-mail where he has called it "unreasonable" for the doctor to sign me off from all duties for such a long time and that he is requiring me to attend a occupational health meeting with a view to bringing me back on light duties soon despite my consultant signing me off for 3 months. Can he force me back to work even though my elbow is still broken and due to now being out of plaster in even more danger of damage is someone bumps into it?

[cobee33]

If you have a sick note you cannot back to work under Health and Safety Regulations. Your employer would, I am almost certain, be in breach of Health and Safety, if he let you return whilst signed off ! If you can it might be an idea to attend an appointment with the Occupational Health officer or even invite him/they to your house as a goodwill gesture. If your employer is taking this unreasonable attitude then do what you can to co-operate to show you are being reasonable in the ( hopefully) unlikely event your employer dismisses on the grounds of inefficiency. However, you cannot be forced back to work. Good luck !

[papasmurf1cx]

How did the fall happen? Have you a civil claim?

 

They can't force you back to work. KNowing you have had a serious injury if they did anything to jeopardize your health they would be negligent. They have every right to ask you to attend Occupational Health. S/he may recommend some sort of light duties but if your doctor says you are not fit, then I would go with what your doctor says.

 

have you been told what long term prognosis may result from this injury? Remember that if it is likely to last 12 months or more then your employer may be liable to be asked for reasonable adjustments in the workplace.

 

What kind of work is it you do? Heavy manual lifting may be especially problematic.

[ScotsCraig]

ok firstly I tripped on an uneven and loose pavement while walking to work in the morning. I am making a claim against the council which they have been informed about but it has not started yet due to waiting to see how long I am off work amongst other things as this will affect the claim as regarding loss of wages.

As for the long term prognosis, that will depend on how long the elbow takes to heal and how well it heals. Could be anything from no serious problems, to possible/probable arthritis in elbow in the future etc. The extreme worst case scenario would involve a replacement elbow eventually but that really would be worst case.

I am hoping to be back at work after January which would put the length of time off at around 5 months. Whether I would go back on light or full duties at this point is another story.

I am currently a train guard but once I go back (medical pending) then I am due to start training to be a train driver as I was due to start soon but will not be fit in time for the scheduled course.

As for heavy lifting, the main thing will be lifting myself from track level into the train.

Had a meeting with my line manager today and he has told me that if the Occupational Health doctor/nurse says I am fit for light duties then they can over-rule any line from my consultant.

[totiesquoties]

hi Scotscraig,

first i am sorry you had such a bad accident, and hope you are on the mend soon, employers seem to be so cold and unfeeling these days, and i would recommend you first speak to acas at www.acas.co.uk on all employment issues, and get to know your rights.

i know someone whom tripped on a pavement stuck up, and broke their arm, it took years for the council to give them compensation,

but i suppose every case is different, i have known too many people with injuries some happening at work, and the employers wanting them back too soon, a crazy world we live in these days, hope this helps, and you get better soon, luv totiesquoties.xxxx

[papasmurf1cx]

What they mean by over ruling the consultant is that OH can state you can do X Y or Z and if you refuse to do it because of medical advice then they may start Capability Proceedings that may result in termination of your job. I suppose that frightens people into going back and employers know it. You can't refuse to see OH. Some can be Ok other not so good. We see varied responses on the forum. You could ask your consultant to write you a letter outlining the prognosis and what would happen if they insisted you work with your elbow in that condition... may give them food for thought and back off. They may ask to have access to your medical notes. I would be wary of letting them do this...better asking them to write for specific advice from your treating doctors according to the issue at hand.

 

If they 'force' you back to work you may also be in Grievance territory, but we will advise better if and when that happens.

 

Hope you get better soon.... always wanted to be a train driver (of steam trains) whoo whoo all aboard !!!!!!!