How to build a link with a sickness that started when working for previous employer

[MoonTop]

Hi all,

 

I am suffering chronic severe headache (accompanied with backpain/joint pain) since end of 2006 (at that time was ignoring the cause of this pain) and has been given a two weeks sicknote at the first time by my GP for stress/backpain and joints pain in march 2007. In march 2007 equally (after my two weeks off) my employer appointed me a specialist that had confirmed my sickness and scheduled a second medical examination with her in two months. Unfortunately, I have been made redundant few weeks before the second medical examination but until today I still sick and unable to work.

 

Presently, after years of my own medical (by own GPs) it is now clear that my sickness is a chronic severe headache (during the last 5 years some doctors were saying that was eyes or cervical problem, other only stress or anxiety/depression,etc...) . As I am today sure that my sickness source is in the workspace (where i was working about 15 hours a day using two different computers) and have been harassed (we have signed a 6 months salary compromise agreement regarding the harassment issue) I would like to claim for personal injury : for this purpose I would like to know what kind of specialist I need to see for this purpose in goal to make efficiently the link between my sickness and my previous workplace. Should I re-contact the specialist that had been appointed by my previous employer for this purpose?

 

Thanks in advance for your help,

 

MoonTop

[Emmzzi]

I think you have too little evidence and too much time has passed. Ask your GP but generally if IT is the cause then the problem stops when you stop using IT. Proving direct causality is going to be very tough. I doubt you could replicate the environment.

[becky2585]

Hello

 

If you signed a compromise agreement, you won't be able to claim for any injuries you were aware of at the time. So you need to be aware that it may not be possible to claim at all.

 

I would suggest speaking to a personal injury lawyer, but in all honesty I fail to see how you're going to link the headaches to your former employer. What makes you think it's their fault? If you don't have medical evidence or the ability to prove they were negligent, you can't claim against them. Also, the limitation period is three years. After five years, you'd have to show you claimed within three years of the date of knowledge of the injury.

 

It sounds as though you're taking a punt on suing your former employer without any evidence that they're responsible, medical or otherwise - if that's the case, it's a complete non starter I'm afraid!

[MoonTop]

I think you have too little evidence and too much time has passed. Ask your GP but generally if IT is the cause then the problem stops when you stop using IT. Proving direct causality is going to be very tough. I doubt you could replicate the environment.

 

In my grievance hearing (2007) I told them that they have caused me backpain problem (i thought that may be due to the accommodation but the true reason of the pain at that time was unknown). Since I have left my employer until 2011 I was doing investigation regarding the sickness (blood test, eyes re-education, prescription of depression/anxiety medicines during 4 years without success, and a mri magnetic resonance imaging (to be sure there is not any brain tumour (done in 2011)).

 

Ask your GP but generally if IT is the cause then the problem stops when you stop using IT.

I do not understand this part. What is "IT"? The workplace? If yes, every-time (like presently) I think/talk about my previous employer my headache makes considerably increase, etc...

[MoonTop]

 

Hello becky,

 

if you signed a compromise agreement, you won't be able to claim for any injuries you were aware of at the time. So you need to be aware that it may not be possible to claim at all.

 

I would suggest speaking to a personal injury lawyer, but in all honesty I fail to see how you're going to link the headaches to your former employer. What makes you think it's their fault? If you don't have medical evidence or the ability to prove they were negligent, you can't claim against them. Also, the limitation period is three years. After five years, you'd have to show you claimed within three years of the date of knowledge of the injury.

 

It sounds as though you're taking a punt on suing your former employer without any evidence that they're responsible, medical or otherwise - if that's the case, it's a complete non starter I'm afraid!

 

If you read my first post carefully, you will understand that nobody was able to tell me until 2011 what I had exactly.

Obviously, I have medical evidences for 2007, 2008, ...., 2011.

[honeybee13]

I do not understand this part. What is "IT"? The workplace? If yes, every-time (like presently) I think/talk about my previous employer my headache makes considerably increase, etc...

 

Hello again. IT is information technology, l'informatique in French, which I believe is your mother tongue. Do you think the worsening of your headache could be the stress of thinking about your old job? I get headaches when I get tense.

 

My best, HB

[assisted blonde]

IT is Information and technology, in this case the computers, In fairness i think you would be better off giving this a miss as i really cant see that your employers were responsibe, there have been instances where employers have been held responsible for sickness a long time after the event (ex miners) but I think this is really a non starter.

[MoonTop]

I do not understand this part. What is "IT"? The workplace? If yes, every-time (like presently) I think/talk about my previous employer my headache makes considerably increase, etc...

 

Hello again. IT is information technology, l'informatique in French, which I believe is your mother tongue. Do you think the worsening of your headache could be the stress of thinking about your old job? I get headaches when I get tense.

 

My best, HB

 

Ok, bien evidemment...but that was not just that : I was working on a trading floor (with very nasty colleagues...) (i don't like to give details of my previous jobs but in this case i think i had to explain exactly in which kind of environment I was working before starting being sick).

 

Everything that make me remember this environment give me severe headache (with intense burning eyes).

 

" Do you think the worsening of your headache could be the stress of thinking about your old job? I get headaches when I get tense." This is why that took me so long to realize it...

Edited January 14, 2013 by MoonTop

[Emmzzi]

take your compromise agreement back to a solicitor. I think you will find you signed away your rights to take any further action.

[stu007]

Hi

 

These PDFs from HSE Website may be of some use:

[MoonTop]

take your compromise agreement back to a solicitor. I think you will find you signed away your rights to take any further action.

The compromise agreement say this:

"Nothing in this clause shall operate to prevent any claim that you might have in respect of accrued pension rights or latent industrial or personal injury and you warrant that as at the date hereof that you are not aware of any latent industrial or personal injury nor of any circumstances that might give rise to such a claim"

[Emmzzi]

you said you were not aware of any potential claim

 

you signed away your rights

 

see a solicitor, but I think it is a non starter

[MoonTop]

Hi

 

These PDFs from HSE Website may be of some use:

I know that they did not respect all of these rules. I just remember that my boss has been sacked due to the way he was treating me...but after that my colleagues who were equally good friends of our boss/head have tried to revenge this last (they told me that was my fault if he has been sacked) by harassing me and make me sack too.

Edited January 14, 2013 by MoonTop

[MoonTop]

you said you were not aware of any potential claim

 

you signed away your rights

 

see a solicitor, but I think it is a non starter

I think it is the reverse....can someone confirm it for me?

[Emmzzi]

claims need evidence. what evidence do you have, in your hand, today?

[MoonTop]

claims need evidence. what evidence do you have, in your hand, today?

The final note of my grievance hearing were I was complaining of backpain but employer thought at that time that was due to accommodation problem (mattress): in fact my chronic headache are usually accompanied with extreme burning eyes, back pain and joint pain. Several GPs prescriptions for my severe headache (depression medicines inclusive (done in Paris)) , eyes examination in 2008 while due to extreme burning eyes I thought my problem was just eyesight problem. I may be equally able to ask a copy of my GP report when he gave me two weeks off in 2007.

[Emmzzi]

that shows a link in timing but not a link to a cause. what evidence do you hae that your work environment caused the illness? Not your opinion, but that of an expert, fully documented. A GP report won't be enough.

[MoonTop]

that shows a link in timing but not a link to a cause. what evidence do you hae that your work environment caused the illness? Not your opinion, but that of an expert, fully documented. A GP report won't be enough.

This is what I would like to do now but i don'tknow any specialist. I have an appointment with one but in two months only.

[Emmzzi]

you need a specialist from when you first fell ill. Not one from now.

[MoonTop]

you need a specialist from when you first fell ill. Not one from now.

That does not make sense.

 

"Nothing in this clause shall operate to prevent any claim that you might have in respect of accrued pension rights or latent industrial or personal injury and you warrant that as at the date hereof that you are not aware of any latent industrial or personal injury nor of any circumstances that might give rise to such a claim"

[Emmzzi]

ok, as you do not believe me, there are dozens of "where there's pain there's a claim" lawyerd advertising on tv. Go see if you can get one of them to take you on.

 

In the meantime please don't ask for opinions if you only want people to agree with you! It just wastes everyone's time.

 

good luck, let us know how you get on.

[MoonTop]

ok, as you do not believe me, there are dozens of "where there's pain there's a claim" lawyerd advertising on tv. Go see if you can get one of them to take you on.

 

In the meantime please don't ask for opinions if you only want people to agree with you! It just wastes everyone's time.

 

good luck, let us know how you get on.

 

Hello, when I disagree with something I explain why contradictory to you : in my last post I have quote a text for this purpose while you are talking about somethning on tv...

 

Anyway, it is a complex issue...but my title clearly say : "How to build a link with a sickness that started when working for previous employer"

Edited January 14, 2013 by MoonTop

[assisted blonde]

I cannot see a no win no fee lawyer taking this on as they expect a good chance of a positicve result before taking a case, an employment lawyer will cost you a great deal of money and of course they will do as you say (as long as they are getting paid) but will probably advise you against this , I appreciate that you have some financial problems at the moment and will have to find a new place to live, but trying to sue an ex employer for somthing, years after you have left on very IMO dubious ground s is not the way forward, and I think there are more important things for you to be dealing with.

I dont think anyone will be able to answer your question as I dont think you will be able to build even a very tenuous link, let alone one that will give you a payout.

[MoonTop]

I cannot see a no win no fee lawyer taking this on as they expect a good chance of a positicve result before taking a case, an employment lawyer will cost you a great deal of money and of course they will do as you say (as long as they are getting paid) but will probably advise you against this , I appreciate that you have some financial problems at the moment and will have to find a new place to live, but trying to sue an ex employer for somthing, years after you have left on very IMO dubious ground s is not the way forward, and I think there are more important things for you to be dealing with.

I dont think anyone will be able to answer your question as I dont think you will be able to build even a very tenuous link, let alone one that will give you a payout.

This is really funny. I am not sure that most of you will be so honest as I have been in my life. I know and I am certain that I am not doing anything wrong...I just leave you to think what you want (I however agree with you for the solicitor part....).

 

After 5 years of trying to recover I have contacted few days ago, my employer that you assumed (because "I have money problem" (it is what happen when one has been made redundant especially due to sickness...)) I want to sue due to my money problem: they have just informed me that they have cancelled my pension scheme without notification and transferred the fund to their account (because no news from me)....and i am sure if I say here that I want to complaint about this last fact (pension scheme) some of you will say equally that i want to complaint because "I have money problem".

 

However you are right for one thing : I wanted to sue this employer since the beginning but I was unlucky with a corrupted solicitor whom sabotaged my file. What they did was really wrong but i could not talk about everything in a forum...

 

At the moment, I have just sent a letter to one of my previous manager explaining my feeling...

[honeybee13]

Hello again.

 

You have another thread about your pension, don't you? If it's the same one, I think it's worth asking the question about pension on that thread. It would be good if you quoted exactly what they have said because it's unusual for an employer to transfer the money to themselves. As I said on your other thread, HMRC rules dictate what can happen to pension moneys.

 

HB