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Hello folks,

I work for an engineering company and 2 years ago I had a works accident which damaged my back. I made a successful injury claim through the employment tribunal system and still suffer considerable pain at times. The company have a Physio service contracted to visit 2 days a week and I attend once every week. I have always had the same physio attending for the past 8 months who has helped greatly and a full log of treatment was kept up to date on their computer system. However a different physio attended 6 weeks ago and could not get access to my treatment log (company wifi fault). She was a little too zealous with her manoeuvring of my 59 year old body to such a degree that my back went into spasm and I was absent from work for 2 weeks.

 

Here is my problem, I do not wish to pursue any claim or anything of that nature, but that absence has meant I have triggered the absence policy and would put me on a first stage warning. Surely as a representative/third party of the company they should treat it as a works accident, which would mean it is exempt as a trigger under our policy. Granted it is not an accident but it is an injury caused by a third party paid for by the company. After all I would not have had to have any physio work if it was not for their negligence in the first place.

 

Am I just wasting my time with a grievance to argue the point out?

 

Thanks for reading, any advice would be appreciated.

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Are you in a union? This would be very easy and straightforward to sort, if you have the docs notes to back you up.

 

If you put in a grievance, you may get their backs up for no reason, and they could move you to another job that they deem suitable


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

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I'd go to the meeting, explain. The warning isn't certain until until issued, then there's a right of appeal - I wouldn't start getting all legal until then.

 

Do you sign a disclaimer for the physio though ie it's at your own risk?


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Thanks for the replies.

Got a meeting with manager and HR tomorrow. Union rep will be with me, I just wanted to be aware of what I could do before I go in. I signed a disclaimer at the beginning of the treatment which may put paid to that. But the fact that they caused the original injury in 2016 should surely have a bearing. It is in the attendance policy that absence from works accidents are removed from any triggers.

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If you knew she didn't have your records, you chose to go ahead, and you signed a disclaimer, I don't think you can go in with any degree of militancy. I expect one of our more outspoken posters will be along soon to disagree though!

 

On this occasion the treatment caused a flare up - not your injury 2 years ago, which had been under control. Insurance claims for that are another matter entirely, if it causes you problems....

 

But go in and state your case calmly. I hope you get a sensible outcome!


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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TBH your company should be understanding of this but may well be worried that you need continual therapy and may wish to investigate this more. Generally employers l;ike you to be well all of the time and dont like people working at less than 100% and often fail to understand lonmg term illnesses and injuries and then try and hurry things to a conclusion as to whetehr you will ever be 100% again or not. Dont feel as though you have to agree with any course they suggest that goes against your current therapy but certainly dont be saying anything that paints you into a corner either. If you dont undersatnd what they are wanting after the interview then say so and ask for time to consider.

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