ill health retirement

[fangy]

Hi,

I'm looking for some advice on IHR.

I've worked for my employer for 6 and a half years.

In November I was involved in a motorbike accident that wasn't my fault.

 

At the time of the accident I discolated my shoulder,snapped 3 of my rotator cuffs from the bone,moved my bicep and bicep tendon and was told later by the surgeon that I also damaged a bunch of tendons in my shoulder.

 

Ive been off work since the accident,as I lost the use of my shoulder and could only lift my arm about 2 inches from hanging down at my side.

Over the months I've been going through physio an MRI then finally surgery.

After the operation the surgeon told me,with the amount of damage done to my shoulder I should never have been left so long to get operated on.

And because of this my rotator cuffs had shriveled up so much he couldn't reconect them the normal way,he had to try a fairly new procedure and attach the rotator cuffs to the bone with cadaver skin.

To cut a long storey short,the operation was 7 weeks ago,had my arm imobilised,now started physio again,still can't use or move my arm.Been told I might not get it back.

 

I asked the surgeon if he thought I'd be able to go back to my job again at some point,to which he said he thinks I'll struggle,and didn't seem to have much hope at all.

My work offered me IHR, a years wage, which I said no to.Then at the next meeting I had with my boss,he was going through the options for me and mentioned the IHR again,but this time it was three quarters of a year wages, and OH was going to phone me to assess my condition.

 

I don't know what to do with this,When I asked the surgeon for his opinion about going back to work,it wasn't a yes I will be able to but there again it wasn't a no.

 

When HO called, I answered all there questions without lying about anything but at the same time, I didn't volinteer any information about the details of my injury or operation,as far as they're concerned,accident,operation,heal back to work.

So they advised my work that I'm not in the postion for IHR and I'll be back at some point.

 

My question are,

 

with me trying to hang on to my job and not declaring everything, if in 6 weeks or whatever down the line it turns out I'm not getting my arm back and I can't work will I be offered a IHR payment again? will the amount be the same?

 

My employer gives it's employees 6 months full pay then 6 months half pay when on the sick, I'm at the end of the full pay, If I get to a point where I've only got a month or so left of half pay will any offers made by them be less, cause they've only got a month or so left to pay me before they've no more wages obligation?

 

Should I tell the work/HO everything about my injury and risk lossing my job just now,even when the surgeon didn't give me a definate answer.

 

I had more questions but I've wrote so much I can't remember what they where other than,

If my arm gets better but not great and my employer offers me some other position in the company,will it be in the same office I'm in, or can they offer me a position anywhere and if doesn't suit for whatever reason just fire me.

Any advice on this or anything I might have missed reguarding IHR would be greatly appreciated.

Thanks,

Fangy.

Edited April 7, 2014 by fangy

[Conniff]

How old are you fangy ?

[Emmzzi]

I would definitely remove the employer name from this one - that case is going to be instantly recognizable to their HR department.

[fangy]

I'm 43.

I've removed my employers name,wasn't sure if you would need that information or not.

[Conniff]

I was in your position. Before you make any decisions, contact your pension scheme administrator to see how much you will receive. You will be entitled to a lump sum etc the same as if it was normal retirement.

 

 

On the pay side, it was 6 months full pay, six months half pay and then pay taken from your pension should you wish to do so.

[Emmzzi]

your employer does 2 kinds of IHR; 1) lump sum, if it is likely you will be able to work again in any kind of job (seems possible!); 2) lump sum + pension (reduced) if it is unlikely you will ever be able to work again. Offers are determined by pension conditions/ trustees guidelines only, not by payroll.

 

This should become clear in the next few months, as well as if an adapted role may be suitable for you. You do need to push for treatment asap though.

[fangy]

So do you think I should contact the work and tell them HO doesn't have all the facts or just leave things as they are?

 

I'm not in the pension scheme,I came out of it years ago. I couldn't work out if was worth my while,considering what age I started with the company, and being part time there wasn't a lot going in the pot.

 

Will this make a difference?

With HO advising the work I don't fall into IHR just now,If further down the line,things don't go well and I can't work,will I be made another offer?

Up to now I haven't really been told what a realistic outcome will be with my shoulder,just maybe's,but at the same time leaning more towards,It didn't go great. So I just want to make sure that with me refusing an offer just now,I don't end up in a few months with no job,no money or a lot less than what's been offered and a Knackered arm.

Thanks for all the advice.

Fangy.

[smokejumper]

Was insurance involved?

[fangy]

No there was no insurance claim.

[ericsbrother]

If you are not in the pension scheme there is no real reason to hang around and get dismissed on capability grounds and not get a penny for your trouble. In short, grab any offer that is better than the amount you will get via the sickness scheme. A letter from your doctor or surgeon saying that you will not recover in the forseeable future if at all will help you get the best deal. In tandem to this ask about the company's views on your disability and what adaptions to your role or alternative positions can they offer you. If they just dont want the hassle of thinking about disability discrimination they will return to the IHR agenda pretty quickly.