Injured at work?
Discussion
I had a fall at work and injured my knee about 18 months ago, nothing major but after an MRI scan and the
NHS taking their time I’ve been diagnosed with a torn meniscus. (Trying to keep this short)
The hospital knee specialist gave me a knee brace to try and it has improved matters, but then said
I could possibly avoid the need for an operation by wearing it in any situation that might stress it, ie work.
My 1st day at work wearing it I was sent home as they didn’t think it was safe to work wearing it.
That was 4 months ago, they paid me for 3 months now on statutory minimum.
Not sure what to do in this situation, I’m 27 months from retirement and was only doing 3 days a week.
It’s a national company but no union.
NHS taking their time I’ve been diagnosed with a torn meniscus. (Trying to keep this short)
The hospital knee specialist gave me a knee brace to try and it has improved matters, but then said
I could possibly avoid the need for an operation by wearing it in any situation that might stress it, ie work.
My 1st day at work wearing it I was sent home as they didn’t think it was safe to work wearing it.
That was 4 months ago, they paid me for 3 months now on statutory minimum.
Not sure what to do in this situation, I’m 27 months from retirement and was only doing 3 days a week.
It’s a national company but no union.
Countdown said:
I'm surprised they haven't sent you to Occupational Health. That would determine
- if you could go back to your normal role
- if you couldn't do your normal role but could be redepolyed
- if there was nothing at all you could do in which case it would be termination of contract
That's pretty much what's happened, there's talk of 50% of salary to retirement but that's via an insurance claim I believe.- if you could go back to your normal role
- if you couldn't do your normal role but could be redepolyed
- if there was nothing at all you could do in which case it would be termination of contract
Can't go back to old role and nothing suitable elsewhere.
No risk assessment would have been done, I have been delivering the weekly shopping for a major supermarket.
I fell making a delivery to a basement flat, the steps went down to a path about 3’ wide then up 2 steps to the door.
Carrying a crate I missed the last step as I couldn’t see it holding the crate and down I went head butting the front door.
I landed heavily on my left knee, and it’s never healed.
Previously we used to deliver with shopping bags, carrying bags in each hand you are better balanced and can see your feet on stairs, hence me saying above it could have been avoided had I been carrying shopping bags and not a 20kg crate.
My initial query was the fact that they have sent me home and it’s not me who has gone sick.
I fell making a delivery to a basement flat, the steps went down to a path about 3’ wide then up 2 steps to the door.
Carrying a crate I missed the last step as I couldn’t see it holding the crate and down I went head butting the front door.
I landed heavily on my left knee, and it’s never healed.
Previously we used to deliver with shopping bags, carrying bags in each hand you are better balanced and can see your feet on stairs, hence me saying above it could have been avoided had I been carrying shopping bags and not a 20kg crate.
My initial query was the fact that they have sent me home and it’s not me who has gone sick.
SydneyBridge said:
Is it because they are trying to use less/no plastic bags ?
Yes we’re saving the planet.At the same time we deliver almost everything else wrapped in plastic, a lot of it flown in from around the world.
My record was 54 (plastic) bottles of water to 1 flat.
But carrier bags are now forbidden.
They asked me to start a claim against their income protection insurance,
this has been refused as I'm still capable of driving, in their words I could deliver flowers etc
as they aren't to heavy. I've been off 6 months now, 3 without pay.
As I understand it, I'll be dismissed this Thursday.
(The maximum claim would have paid was 50% income for 27 months)
this has been refused as I'm still capable of driving, in their words I could deliver flowers etc
as they aren't to heavy. I've been off 6 months now, 3 without pay.
As I understand it, I'll be dismissed this Thursday.
(The maximum claim would have paid was 50% income for 27 months)
valiant said:
https://www.thompsons.law/
They are the people recommended by many unions and by all accounts know their stuff.
Thanks to both of you for recommending them, I'll give them the a call. They are the people recommended by many unions and by all accounts know their stuff.
They haven't dismissed me yet, meeting keeps getting pushed back.
My injury at work has been refused because my employer didn't break any laws.
And my income protection claim refused as they say I could gets job delivering flowers.
Had they paid income protection the total claim would have been less than £15k.
My injury at work has been refused because my employer didn't break any laws.
And my income protection claim refused as they say I could gets job delivering flowers.
Had they paid income protection the total claim would have been less than £15k.
SydneyBridge said:
There are lots of laws relating to lifting, risk assesments, manual handing and accidents at work in general
Have you got any legal expenses cover on any insurance, if so that will instruct a solicitor. If not, I would expect around 30% deduction from damagss
Sadly not, so resolved that 70% of something is better than nothing.Have you got any legal expenses cover on any insurance, if so that will instruct a solicitor. If not, I would expect around 30% deduction from damagss
Small update.
Firstly solicitors are proceeding waiting for a response from my employer.
I have a meeting arranged on Friday at work and I'd been told to expect dismissal, last night I had a call from my manager saying I could go back to work wearing my knee brace.
So I've had 7 months of work, 4 without pay and now they say I can go back wearing the brace that was the reason for my suspension.
My response was, are you going to compensate me with 4 month's pay?
Firstly solicitors are proceeding waiting for a response from my employer.
I have a meeting arranged on Friday at work and I'd been told to expect dismissal, last night I had a call from my manager saying I could go back to work wearing my knee brace.
So I've had 7 months of work, 4 without pay and now they say I can go back wearing the brace that was the reason for my suspension.
My response was, are you going to compensate me with 4 month's pay?
Dismissed on grounds of ill health.
Not that I’m ill.
Hospital advised I wear a knee brace whenever I could stress the knee to avoid the need for an operation.
They have 2 types of insurance for employees.
For the injury, dismissed the claim saying it was my fault I fell while carrying a crate.
Income protection, max up to 50% pay up to 3 years. Refused as I could deliver flowers.
Not that I’m ill.
Hospital advised I wear a knee brace whenever I could stress the knee to avoid the need for an operation.
They have 2 types of insurance for employees.
For the injury, dismissed the claim saying it was my fault I fell while carrying a crate.
Income protection, max up to 50% pay up to 3 years. Refused as I could deliver flowers.
An update on my claim.
I went with the no win no fee solicitor mentioned above. It was a bit of a faff, first you go through everything with a call handler, then again with someone who decides if you have a case, then again with someone I assumed was a solicitor (I’m still not sure) anyway I got to that stage before Xmas and I’ve been waiting for a response from my employer.
We got that and they have decided not to proceed with my claim on the basis that it was my fault I fell.
I find that strange as you could argue that for any fall.
I went with the no win no fee solicitor mentioned above. It was a bit of a faff, first you go through everything with a call handler, then again with someone who decides if you have a case, then again with someone I assumed was a solicitor (I’m still not sure) anyway I got to that stage before Xmas and I’ve been waiting for a response from my employer.
We got that and they have decided not to proceed with my claim on the basis that it was my fault I fell.
I find that strange as you could argue that for any fall.
Mortarboard said:
Don't go with no win no fee.
They rely on clean, quick and simple insurance claims.
Do you know if they even put in a claim with your employers insurance company?
M.
No I don’t know how far they got, I think just asking for reports from my employer, training then the accident report. They rely on clean, quick and simple insurance claims.
Do you know if they even put in a claim with your employers insurance company?
M.
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