Advice pls, catch 22 with work and recent injury

[R_Whites]

Hi all

 

I need some general advice, or just someone to help with throwing some thoughts and ideas around.

 

Trying to cut a long story short, i work as a mobile engineer for a firm travelling and repairing all over the UK. Back in October i was seriously injured in a freak accident (not at work i should point out!) and was hospitalised for weeks with several operations on my legs carried out. I have been signed off sick ever since then. My wounds are now healed over and scars are healing up slowly thankfully. But i still struggle to kneel down, need a handrail to use stairs and chances of climbing ladders are not great right now due to my scarred legs, and no idea how well my legs will take to hours of driving a day.

 

My doctors have now said no more sick notes as i am able to work again, but need to take it easy on my legs, My employer says that my job hasn't got any "light work" and is naturally demanding on my legs and they will need me to carry out all of my duties if i am to return to work. So you see my catch 22 situation.

 

Part of me wants to resign as i am not able to carry out the job at full fitness right now, and to be honest would like to get away from the firm anyway as they not been very helpful or supportive at all. But of course if i resign i have no chance of any benefits etc whilst i search for a more suitable local job. Or would i, as essentially my inability and hence resignation has been caused by injuries.

 

On the flip side the firm wont fire me or lay me off as they would be worried to be seen to be unfair etc. And the doctors wont sign me off anymore as they see me walking about (albeit limping) and assess me "fit" for the workplace!

 

Im truly stuck and no idea where to turn. I cant go back to work as not able to carry out duties fully to firms wishes, cant claim sick pay or benefits as wont have sick notes from doctors and yet of course i have Rent, bills and life to pay for. So if anybody can shed some light and help please?

 

Where would i stand benefit wise if i resigned and claimed that i had to as unable to fulfil my role due to injuries? I am of course looking for new work locally and less physical but of course that is taking time. Or can i somehow appeal against GP not signing me off as i clearly not fit my "my" particular job?

 

Thanks all

Edited April 1, 2016 by R_Whites
Spelling

[Emmzzi]

Can the doctor do a fit note explaining what you can and can't do rather than sign you off as unfit?

 

how long have you worked there, how old are you, and is there a pension scheme?

 

I would ask for an occupational health referal and see if they do ill health retirals through the pension.

[R_Whites]

Occupational health is a gerat suggestion thankyou.

I am 45yo male and single so no other household income either, sadly i only started the job 6weeks prior to the accident so no employment rights really at all, and no pension setup yet.

I have a GP appointment next Thursday, earliest i could get. And i will certainly be appealing for some form of compromise in form of report etc.

But still be keen to know my benefit help if i resigned on grounds of injury?

[obiter dictum]

Resigning is not a good idea, even because of your injury. The DWP will state you intentionally made yourself unemployed.

 

Best you carry on claiming Statutory Sick Pay and wait to see if the employer medically retires you on capability. You will then be fine with the DWP

[G G GEE]

Providing your GP is willing to write a fit note that details your limitations with regard to work, then the onus is on your employer to sit down with you and agree the changes needed to accommodate your return to work.

 

To quote from the government guidance to employers about fit notes: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/464398/fit-note-employers-line_managers-sept-2015.pdf

 

"If you can’t agree on any changes, you should treat the fit note as if it says that your employee is not fit for work"

 

So if your employer and you cannot agree on the required changes then they should be sending you home as unfit for work and paying you whatever you are contractually entitled to.