Compensation from employer?

[moandcubs]

I have been signed off work since March with ulnar nerve entrapment which is causing me a lot of pain in my dominant arm and sleepless nights etc.

 

My employer has gotten to the point where I am going in for "Welfare" meetings every 2 weeks to discuss if anything has changed. Basically it is the waiting on hospital appointments etc that is taking so long.

 

They offered me a compromise agreement to leave as I am due to go to half pay. When I rejected this I was told that it has been hard for them to fill my job and that if I am not back in a month or so they will need to offer me another agreement (basically made to feel like I am going to have to take it). I don't want to end my career for what I see as pennies and hope that once full investigation has been done by hospital I can be back at work after treatment.

 

However, people are telling me the reason they are trying to force these agreements on me is because I have told them the Dr stated that my duties at work is what could have caused the problem.

 

I am not the type of person who tries to claim for compensation at the drop of a hat (since it has been 6 months since I first signed off) but with the way I was treated at the last meeting I am seriously thinking about it.

 

Has anyone has a similar experience? The one thing putting me off is claiming compensation and getting it, then hopefully being back at work and wondering how they are going to treat me for going down that road.

[bloomingflower]

Hi moandcubs,

 

 

My husband was in this very same situation many years ago..he was working as a delivery driver for a tool hire company. Long story short - he sustained an incarcerated inguinal hernia in the groin area by lifting/dragging a site vault for which he had to have emergency surgery for.

 

Shortly after,he pursued a personal injury claim against the company and they admitted 70% liability -my husband was happy with the end result and was subsequently paid out by their insurers.

 

However, he did return back to work after a lengthy recuperation time and was allocated to light duties and refused to do any more heavy lifting for the foreseeable future.

 

If you should have to go down that road yourself you will not have to worry about victimisation or harassment of any sort by your employers because your claim will be dealt with behind the scenes as it were between your lawyers and the company's insurers. The lawyers will be liaising on your behalf..

 

There are laws in place to protect you as an employee/claimant of personal injury..

 

 

 

 

 

 

 

bloomingflower x

[honeybee13]

Hello there.

 

I think this is more of an employment issue, so I'll move you to that forum.

 

HB

[obiter dictum]

Linking an injury to your employment is not easy unless it is well known. Fireman or a Postman with a bad back or knees as an example will be a probable root cause due to the characteristics of the job they do. Miners trigger finger or people who work with asbestos in the past has now been confrmed as an industrial injury.

 

It will also depend if the employer once those issues have been identified control measures put in place to limit any possible harm. People who work with computers etc and risk assessments as examples.

[ssparks2003]

Of course, instead of offering you a settlement they could just let you go. You may wish to consider how long the company will keep a job open for you till they have to medically discharge you and employ someone else.

[moandcubs]

Thanks for your replies everyone. Bloomingflower you have put my mind at ease a bit about returning to work if I go ahead with a claim.

 

obiter dictum - yeah it is probably going to be hard to get them to admit any sort of liability but the way I was spoken to has basically made me decide to go ahead with this as they are determined I am going to sign a compromise agreement at some point meaning if I did I would never be able to make a claim in the future.

 

ssparks2003 - thankfully I still have a year before they can terminate my contract, 6 months half pay and 6 months no pay with a holding letter securing my job

[obiter dictum]

You do not work for Royal mail by any chance as they have 6 moinths full pay 6 months half pay

[sillygirl1]

Ulnar nerve entrapment can be caused by other medical conditions, I know because I suffer from it due to osteoarthritis in my neck and the crumbling bones trap the nerve.

 

You will probably have to have a lot of medical tests to conclusively prove that this was caused by your employment and then there will be a chunk of the compensation money - anything up to 25% taken by whichever company is handling the case.

 

Also if you do get a win it may affect your benefit entitlement.

 

Think very carefully about the consequences other than that of immediate employment before going down this route

[moandcubs]

You do not work for Royal mail by any chance as they have 6 moinths full pay 6 months half pay

 

No I work for the railways

[obiter dictum]

Have you had a chat with the local trade union rep. They offer free legal services as a member in circumstances such as this

[moandcubs]

Have you had a chat with the local trade union rep. They offer free legal services as a member in circumstances such as this

 

Actually did just that today. Got the contact number for the legal services and they are sending me out a form to fill in to make the claim. Told me it's classed as repetitive strain injury which is one of the toughest to prove happened at work but is more than happy to work with me on it.

[Sidewinder]

Don't worry too much about any ill-feeling on the part of the employer over a personal injury claim. They have insurance to cover that eventuality so any claim would not have a direct bearing on the employer unless in the case of a serious incident where they were negligent and a prosecution under HSAWA was to result. Even then, as already said, you have a degree of protection from any detrimental treatment.