Injured at work

[pixie2311]

About a week ago at work I called a lift to put some goods in and I received a nasty shock off it (it went through my wrist and out onto the trolly that I was holding with my other hand) Since then the wrist that I used to press the lift button hurts. I reported the incident to the duty manager (she isn't my normal manager but she is also a safety rep) the details were recorded in the accident book. On friday the manager I reported the incident to was covering for my managers day off and asked how I was etc and I told her it was still playing up and she made me promise to seek medical advice which I did. On saturday she then asked if I had and asked for the details (to update the accident book). I was then coming downstairs to start work when my managers manager asked to see me and took me into the office with a witness and they've said that they are not happy with the diagnosis given by the doctor I saw and that they would like me to seek a second opinion. They've agreed to support me at work until New Year.At this meeting I was also told that if I went home or took time off I would not be paid or receive any sickness pay. My two problems are that I have less than two years service and secondly because they haven't done the paper work I am still on probation. A third problem is the fact the company need to make savings in the new year. It's been a week since the incident and my wrist still hurts. I am due to go back to work again in two days time and I am now worried that they could use this recent injury as leverage to dismiss me.

[renegadeimp]

Sounds like they know it is serious and are trying to evade responsibility. Not happy with a professional medical practitioners diagnosis and want a second opinion? That is laughable.

 

They could dismiss you, but what reason would they have? You could easily sue them for the injury. Especially as you have a witness, and its been officially recorded AND youve seen a doctor. Im not sure, but you could even take it to a tribunal.

[Sidewinder]

Not really a matter for an Employment Tribunal unless, for example, the fault was not rectified, you refused to work until it was, and were dismissed as a consequence.

 

Your situation is more one of capability - the employer is alluding to the belief that you are making a meal of the injury so may decide that in the light of any ability to perform your normal function, they would feel justified in dismissing you - and with less than two years service the ground is certainly shaky.

 

In your situation, were you to be dismissed, you would seek to sue the employer for Personal Injury, and the loss of wages arising from any dismissal, together with the loss of pay whilst off sick would form part of the claim.

[pixie2311]

Well it seems I've been rather lucky, I spoke to a girl on my team and she said I am very lucky that I wasn't called up into the office last week and dismissed. I guess I got lucky with the manager I spoke with! Admittedly the company does appear to be quite corrupt and many people are surprised that they didn't get rid of me last week because of it! One of my friends reckons it's because they see potential in me, but I reckon it's because of that one manager and she was using her conscience and is genuinely nice

[renegadeimp]

Since your issue is over now, i would keep my head down. Sure, there are still things that have to be addressed, but i wouldnt go poking the wasps nest just yet.

[orfoster]

And join a trade union! http://www.worksmart.org.uk/unionfinder/

[honeybee13]

Hello there.

 

I'm pleased that your crisis is over, but if you really think that the company is corrupt, I think you should be trying to get out.

 

HB

[pixie2311]

Yeah on keeping my head down and I am currently looking for a new job but I have decided to join the union that the employer recognises and it was the manager that essentially prevented me from getting fired that suggested it to me. It is ironic that a major company with a really good reputation is so corrupt, none of my family believe me but I'm not the only person that thinks it

[ericsbrother]

Did you require time off due to the injury? If so, how long? certain injuries and dangerous occurrences are supposed to be notified to the HSE, even if the employer wasnt at fault but unless you were off for a week with this it wouldnt be notifiable. However, there should be a follow up to the injury report and the cause investigated as it could be an electrical problem. Dismissal for reporting a breach of HASAWA is automatically unfair dismissal so there is some remedy there but little comfort knwing that it will take years to get a couple of weeks wages for your troubles.

[pixie2311]

I wanted to take the time off but my employer wouldn't let me, a combination of understaffed and the fact I don't currently work enough hours to get paid sickness. The manager that I reported the injury to is the health and safety rep for the union and said that I shouldn't feel pressured into working if I didn't feel up to it. She is very concerned as she knows there is a problem with that lift, they are constantly resetting it as things get stuck in it and it often decides it doesn't want to work. Problem is that the manager dealing with it isn't my manager, my manager doesn't really want me in the team at the best of times so she is using it as an excuse by saying I'm not fit to work. I cannot really go into too much detail because i still work there and chances are investigations have been delayed due to christmas and new year

[ericsbrother]

Are they looking at the issue of capability or just fitness to resume normal duties? Big difference between the 2 If they want you out the former is what they would claim but would need to be careful to avoid a claim for injury from you afterwards if they just steamroller it.

[pixie2311]

Are they looking at the issue of capability or just fitness to resume normal duties? Big difference between the 2 If they want you out the former is what they would claim but would need to be careful to avoid a claim for injury from you afterwards if they just steamroller it.

 

I think it's a case of they're using it as the excuse to get rid of me. They've tried quite a few things to get rid of me, ranging from undesirable work loads and all that did to them was make me work harder and achieve more, lack of holidays which they are getting their comeuppance and finally this injury which isn't my fault but I still try and do my best every day and am actually better than before the injury now. My lack of tenure is my concern as is the lack of decent managers, even the decent ones have flaws. There are lot of issues that seem to have come to ahead currently and I am in the process of taking it up with both the union and citizens advice as I have no leg to stand on without them and furthermore they know the law and who I should talk to and in which order

[ericsbrother]

if the union has representaion at your place of work I would be talking to them first. All unions have full time officers who can get more done than your lay reps if you have been through them in the first place and that will include legal help via retained solicitors, who are normally very good.