Employment meeting
Discussion
sutoka said:
As I've mentioned before over 3 1/2 years ago someone slammed into me at speed while I was stationary and caused me serious spinal damage and now I've found out nerve damage. My employer of over 10 years has been understanding and have kept me in the frame since I've been in no fit state to return. Given the manual labour and fast pace my job involved the fact I can't walk unaided for more than a few metres, stand upright for long, am in constant pain, leg cramps several times an hour and I'm on strong pain medication etc. it's no surprise to them that I haven't returned. They haven't been paying me but told me to keep them updated which I have done even sending in monthly sick notes from my GP and keeping them updated on my condition.
Finally after years of X-Ray, MRI and CT bone scans and EDI's last month I received news from my NHS consultant that the only preferred option was L5 S1 fusion and there was a small risk that my condition wouldn't improve and I'd have mobility and pain issues for the rest of my days. So now I've been placed on the waiting list with no time scale. Unless I win the Euromillions I will remain on the list for the foreseeable.
So I made my employer aware and they've scheduled a meeting next week to discuss my future with the company. I'm in no doubt this meeting is to arrange termination of my employment but they have told me they themselves would refer me to occupational therapy. I'm slightly confused of what they mean, does that mean they don't trust my NHS consultants, private consultant and dozen other specialists who have written multiple reports on my condition? There is of course still a legal case ongoing but my solicitor seems to want to wait until surgery is complete which could be another few years away.
Anyone been in a similar situation and after 3 years out should I be expected to walk or in my case shuffle slowly away empty handed.
The occupational therapy assignment will be to help understand your situation and if there are any adaptions that might be made to accommodate your disabilities, or alternative roles that you might do. Sounds like your employer has been pretty patient.Finally after years of X-Ray, MRI and CT bone scans and EDI's last month I received news from my NHS consultant that the only preferred option was L5 S1 fusion and there was a small risk that my condition wouldn't improve and I'd have mobility and pain issues for the rest of my days. So now I've been placed on the waiting list with no time scale. Unless I win the Euromillions I will remain on the list for the foreseeable.
So I made my employer aware and they've scheduled a meeting next week to discuss my future with the company. I'm in no doubt this meeting is to arrange termination of my employment but they have told me they themselves would refer me to occupational therapy. I'm slightly confused of what they mean, does that mean they don't trust my NHS consultants, private consultant and dozen other specialists who have written multiple reports on my condition? There is of course still a legal case ongoing but my solicitor seems to want to wait until surgery is complete which could be another few years away.
Anyone been in a similar situation and after 3 years out should I be expected to walk or in my case shuffle slowly away empty handed.
Edited by sutoka on Thursday 5th May 06:07
Is the third parties insurance not covering private treatment costs? Forgive ignorance why does a legal case take years?
sutoka said:
As I've mentioned before over 3 1/2 years ago someone slammed into me at speed while I was stationary and caused me serious spinal damage and now I've found out nerve damage. My employer of over 10 years has been understanding and have kept me in the frame since I've been in no fit state to return. Given the manual labour and fast pace my job involved the fact I can't walk unaided for more than a few metres, stand upright for long, am in constant pain, leg cramps several times an hour and I'm on strong pain medication etc. it's no surprise to them that I haven't returned. They haven't been paying me but told me to keep them updated which I have done even sending in monthly sick notes from my GP and keeping them updated on my condition.
Finally after years of X-Ray, MRI and CT bone scans and EDI's last month I received news from my NHS consultant that the only preferred option was L5 S1 fusion and there was a small risk that my condition wouldn't improve and I'd have mobility and pain issues for the rest of my days. So now I've been placed on the waiting list with no time scale. Unless I win the Euromillions I will remain on the list for the foreseeable.
So I made my employer aware and they've scheduled a meeting next week to discuss my future with the company. I'm in no doubt this meeting is to arrange termination of my employment but they have told me they themselves would refer me to occupational therapy. I'm slightly confused of what they mean, does that mean they don't trust my NHS consultants, private consultant and dozen other specialists who have written multiple reports on my condition? There is of course still a legal case ongoing but my solicitor seems to want to wait until surgery is complete which could be another few years away.
Anyone been in a similar situation and after 3 years out should I be expected to walk or in my case shuffle slowly away empty handed.
Have you told your employer the bit in bold? If so they are probably looking to find out what job/duties/tasks - if any - you'll be able to do in the long-run to see if there is any alternative roles they can offer you. They need an independent health specialist to advise them on that, hence the Occupational Health.Finally after years of X-Ray, MRI and CT bone scans and EDI's last month I received news from my NHS consultant that the only preferred option was L5 S1 fusion and there was a small risk that my condition wouldn't improve and I'd have mobility and pain issues for the rest of my days. So now I've been placed on the waiting list with no time scale. Unless I win the Euromillions I will remain on the list for the foreseeable.
So I made my employer aware and they've scheduled a meeting next week to discuss my future with the company. I'm in no doubt this meeting is to arrange termination of my employment but they have told me they themselves would refer me to occupational therapy. I'm slightly confused of what they mean, does that mean they don't trust my NHS consultants, private consultant and dozen other specialists who have written multiple reports on my condition? There is of course still a legal case ongoing but my solicitor seems to want to wait until surgery is complete which could be another few years away.
Anyone been in a similar situation and after 3 years out should I be expected to walk or in my case shuffle slowly away empty handed.
Edited by sutoka on Thursday 5th May 06:07
That's certainly what we would be doing at my employer; if there was no alternatives then maybe they would then be considering release based on capability but there is a lot of work involved in that and you'd likely be covered by the disability act which gives you extra protections, meaning greater compensation if employment were to be terminated. But I'm speculating. As Benno mentioned they seem to have been patient with your situation so I wouldn't automatically assume it's bad news, but they'll want to know what their (and your) options are for the future.
Sy1441 said:
Referring to OH is a standard procedure in the process of understanding someone’s condition. It would be entirely reasonable for your employer to terminate you based on the grounds you have supplied. Maybe best for both parties.
Sorry to hear about your condition but from what you have said, I do agree with the poster above that termination on the grounds of medical capability is likely. An employer is not obliged to keep a position open indefinitely and if there is no chance of you returning to work in a reasonable timeframe, dismissal would be fair. What is "reasonable" is always dependant on the facts but if you have been off 3 years plus, I expect it would be justified.
Are there any other roles that you can do within the company?
I'd expect that the OP has had an interim payment from the third party insurers.
OP, ignoring your employment situation I'd be pushing for the operation costs to be covered by the insurers. Nothing is more important than your health.
Is the solicitor one provided to you by your insurance legal cover? If so then I'd make sure that they aren't putting their fees before your health.
OP, ignoring your employment situation I'd be pushing for the operation costs to be covered by the insurers. Nothing is more important than your health.
Is the solicitor one provided to you by your insurance legal cover? If so then I'd make sure that they aren't putting their fees before your health.
bennno said:
sutoka said:
As I've mentioned before over 3 1/2 years ago someone slammed into me at speed while I was stationary and caused me serious spinal damage and now I've found out nerve damage. My employer of over 10 years has been understanding and have kept me in the frame since I've been in no fit state to return. Given the manual labour and fast pace my job involved the fact I can't walk unaided for more than a few metres, stand upright for long, am in constant pain, leg cramps several times an hour and I'm on strong pain medication etc. it's no surprise to them that I haven't returned. They haven't been paying me but told me to keep them updated which I have done even sending in monthly sick notes from my GP and keeping them updated on my condition.
Finally after years of X-Ray, MRI and CT bone scans and EDI's last month I received news from my NHS consultant that the only preferred option was L5 S1 fusion and there was a small risk that my condition wouldn't improve and I'd have mobility and pain issues for the rest of my days. So now I've been placed on the waiting list with no time scale. Unless I win the Euromillions I will remain on the list for the foreseeable.
So I made my employer aware and they've scheduled a meeting next week to discuss my future with the company. I'm in no doubt this meeting is to arrange termination of my employment but they have told me they themselves would refer me to occupational therapy. I'm slightly confused of what they mean, does that mean they don't trust my NHS consultants, private consultant and dozen other specialists who have written multiple reports on my condition? There is of course still a legal case ongoing but my solicitor seems to want to wait until surgery is complete which could be another few years away.
Anyone been in a similar situation and after 3 years out should I be expected to walk or in my case shuffle slowly away empty handed.
The occupational therapy assignment will be to help understand your situation and if there are any adaptions that might be made to accommodate your disabilities, or alternative roles that you might do. Sounds like your employer has been pretty patient.Finally after years of X-Ray, MRI and CT bone scans and EDI's last month I received news from my NHS consultant that the only preferred option was L5 S1 fusion and there was a small risk that my condition wouldn't improve and I'd have mobility and pain issues for the rest of my days. So now I've been placed on the waiting list with no time scale. Unless I win the Euromillions I will remain on the list for the foreseeable.
So I made my employer aware and they've scheduled a meeting next week to discuss my future with the company. I'm in no doubt this meeting is to arrange termination of my employment but they have told me they themselves would refer me to occupational therapy. I'm slightly confused of what they mean, does that mean they don't trust my NHS consultants, private consultant and dozen other specialists who have written multiple reports on my condition? There is of course still a legal case ongoing but my solicitor seems to want to wait until surgery is complete which could be another few years away.
Anyone been in a similar situation and after 3 years out should I be expected to walk or in my case shuffle slowly away empty handed.
Edited by sutoka on Thursday 5th May 06:07
Is the third parties insurance not covering private treatment costs? Forgive ignorance why does a legal case take years?
If the OP has a lawyer on the case then I would certainly be asking them about pushing the other side for private treatment, it could well come out cheaper for them in the long run
rustyuk said:
I'd expect that the OP has had an interim payment from the third party insurers.
OP, ignoring your employment situation I'd be pushing for the operation costs to be covered by the insurers. Nothing is more important than your health.
Is the solicitor one provided to you by your insurance legal cover? If so then I'd make sure that they aren't putting their fees before your health.
Yes - just to echo this point, if you have a solicitor on the case already, ask whether any pressure can be put on the other side to make an interim payment. OP, ignoring your employment situation I'd be pushing for the operation costs to be covered by the insurers. Nothing is more important than your health.
Is the solicitor one provided to you by your insurance legal cover? If so then I'd make sure that they aren't putting their fees before your health.
It may be the case that liability is fully disputed in which case, they would not normally make an offer, but if liability has been conceded (or is very likely to be established at trial) the potential defendant will be keen to keep their exposure down.
If paying £20k for an operation means that you can return to work, that could potentially save tens of thousands in terms of future loss of earnings.
I would expect any competent solicitor to already be on this point but standards vary massively and at the end of the day, you're the client at home suffering and waiting, not them, so it may not be top of their list.
Your employer is likely wanting a referral to OH in order to ascertain what, if any, adjustments can be made. If none can be made or no reasonably practicable ones can be made they may wish to terminate your employment on grounds of capability (the OH referral is to avoid a discrimination claim succeeding and/or to see if they can help you, you may delete as appropriate)...
rustyuk said:
I'd expect that the OP has had an interim payment from the third party insurers.
OP, ignoring your employment situation I'd be pushing for the operation costs to be covered by the insurers. Nothing is more important than your health.
Is the solicitor one provided to you by your insurance legal cover? If so then I'd make sure that they aren't putting their fees before your health.
Appreciate all the replies so far. The nature of my injury makes working full-time 9-5 not viable. Some days I can't move my legs, some days I wake up in moderate pain which become severe by midday. The medication I have to take for this severe pain makes leaving the house and driving impossible. Other days I can shuffle around a supermarket with the help of a trolley. But I cannot use stairs as I have very little power in my legs, can't lift anything more than about 2kg now given I'm 6'2 and 17st that just isn't normal. I cannot even stand upright for more than a few minutes without getting leg cramps and needing to sit down. I have had numerous tests for nerve damage, reflex tests etc, nothing jerked which isn't normal either.OP, ignoring your employment situation I'd be pushing for the operation costs to be covered by the insurers. Nothing is more important than your health.
Is the solicitor one provided to you by your insurance legal cover? If so then I'd make sure that they aren't putting their fees before your health.
Just to make clear I have had nothing financial from the other parties insurer. He admitted full liability but have since early 2019 his insurance company ave not made any offer. My solicitor has therefore issued full court proceedings against them but had been told it could take many months if not a year to get a date and I've been told they have to be issued within three years of the accident.
Edited by sutoka on Friday 6th May 19:39
Edited by sutoka on Friday 6th May 20:01
Sir Bagalot said:
WTAF are your insurers doing? I know someone in a similar position and they have received interim payments to cover private medical costs.
They have passed it on to a solicitor who I've been dealing with for the last three years, he seems to want' just one more thing'. I've seen about 6 consultants and GP's private at his expense. On the NHS side I am being seen my the chief neurosurgeon and spinal surgeon who has viewed the MRI and X-Rays and written reports on direction of treatment. He doesn't appear to thin these are good enough. It's all getting rather ridiculous.Gassing Station | Jobs & Employment Matters | Top of Page | What's New | My Stuff