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.
tight fart said:
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.
Can't go back to old role and nothing suitable elsewhere.
The "50% of salary to retirement" sounds like a local, contractual thing. Your HR Dept would be best able to advise. If you're in a DB pensions cheme they might be able to offer your Early retirement (either on a reduced or full pension).Can't go back to old role and nothing suitable elsewhere.
Worst case scenario unfortunately it would mean dismissal on the grounds of incapability
https://www.hrhype.co.uk/dismissal-on-grounds-of-c...
tight fart said:
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.
Can't go back to old role and nothing suitable elsewhere.
A PHI Policy? Can't go back to old role and nothing suitable elsewhere.
The really bad news is IF you are injured at work and are thereafter unable to perform your role even with adjustments, technically you may be dismissed for capability.
Was the company negligent?
tight fart said:
Countdown said:
What should they have done to prevent the accident from happening?
I read your question and was about to reply nothing, accidents happen.But then thinking about it there were things that could and should be done differently.
TwigtheWonderkid said:
tight fart said:
Countdown said:
What should they have done to prevent the accident from happening?
I read your question and was about to reply nothing, accidents happen.But then thinking about it there were things that could and should be done differently.
However the amount of times I watch people or meet some people, honestly there is no amount of assessment and actions that could prevent some issues!
OP why did you continue to do the work if you could identify the risks that could potentially lead to an accident?
tight fart said:
Countdown said:
What should they have done to prevent the accident from happening?
I read your question and was about to reply nothing, accidents happen.But then thinking about it there were things that could and should be done differently.
WHAT could/should have been done differently?
There are two things to consider here:
- liability for accident
- accommodation for disability
On the former, that'll depend on the incident itself. As your 18 months in, I'd talk to a competent (read: experienced professional, not "have you fell at work telemarketer") solicitor. It's " new" information that effectively restarts the claim period (the torn meniscus), but it could well be challenged as to the delay, should it go to court.
On the latter, it's up to them to make "reasonable accomodations". Redundancy due to inability to perform the task may apply. Talk to your solicitor from the previous paragraph.
If you do have a legitimate claim (sounds likely, but we only know what you've posted), then the 50% of salary until retirement doesn't replace that. It may mitigate the payout by an equivalent amount, but you can only sue for your "loss". If they're paying half already, your "loss" is only the other half (minus disability benefits, etc)
M.
- liability for accident
- accommodation for disability
On the former, that'll depend on the incident itself. As your 18 months in, I'd talk to a competent (read: experienced professional, not "have you fell at work telemarketer") solicitor. It's " new" information that effectively restarts the claim period (the torn meniscus), but it could well be challenged as to the delay, should it go to court.
On the latter, it's up to them to make "reasonable accomodations". Redundancy due to inability to perform the task may apply. Talk to your solicitor from the previous paragraph.
If you do have a legitimate claim (sounds likely, but we only know what you've posted), then the 50% of salary until retirement doesn't replace that. It may mitigate the payout by an equivalent amount, but you can only sue for your "loss". If they're paying half already, your "loss" is only the other half (minus disability benefits, etc)
M.
tight fart said:
I can’t say that they were fully responsible as I fell, but no risk assessment would have been done for that particular location.
Possible cause of injury was that no risk assessment had been done. The company may put the blame on you for not carrying out your own dynamic risk assessment but ifrisk assessments, I'd say the company would be at fault.Have the company investigated the accident? Was a cause established and have any measures been put in place to minimise reoccurrence?
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.
Presumably you need to drive the van as well. Is it the driving they have concerns with? As already suggested, you need an occ health appointment.
I heard of a case like this at work before (not supermarket delivery related) and the employee ended up doing their job under supervision for half a day to prove they could do it safely after an injury. They could do it, they didn't complain, they followed all usual safety protocols and they were back at their regular job after that.
I suspect the company are nervous at potentially making your injury worse and then getting a claim from you in the future because they 'let' you carry on. Not saying that you'd do this but they'll want to cover their arse.
I heard of a case like this at work before (not supermarket delivery related) and the employee ended up doing their job under supervision for half a day to prove they could do it safely after an injury. They could do it, they didn't complain, they followed all usual safety protocols and they were back at their regular job after that.
I suspect the company are nervous at potentially making your injury worse and then getting a claim from you in the future because they 'let' you carry on. Not saying that you'd do this but they'll want to cover their arse.
tight fart said:
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.
That's pretty clear cut, I'm assuming there was no risk assessment completed for the property? Or, are there generic risk assessments for delivery types e.g. up stairs, down stairs etc.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 used to be responsible for a retail delivery operation and every delivery point had a fully documented and pictured RA.
With home delivery I'd be amazed if each one did but I would expect there to be at the very least a generic set of RA's that would cover the majority of delivery scenarios - home delivery is not a new thing. I'd not be comfortable about 20kg crates either.
The company will have employers liability insurance for this very thing - I'd be contacting a solicitor immediately. Without wishing to scare monger this isn't just about here and now it's your future health and mobility at stake.
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