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foxfanazer

Work related injuries- Should I claim?

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Looking for a bit of advice on a work related injury

 

In November I injured my back at work when lifting stock. This caused me to have almost a week off (unpaid) as I could barely move. Since then I've had 3 flare ups that have also led to time off. I don't feel my workplace have been very supportive or sympathetic about the situation. I even had to attend a attendance review meeting off the back of it

 

I have been on quite heavy painkillers and have been referred to a chiropractor who I have had one session with. The pain has eased somewhat of late but the injury is still there. 

 

Now as for claiming,  I'm not one that goes looking for a scam but would I be entitled to claim some compensation? Is it worth the hassle? 

 

 

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Has your company done their due diligence? Given you the proper training like manual handling and the correct equipment, clothing etc? If not then it’s certainly worth pursuing I’d say although probably best to consult a legal professional rather than a barrack room lawyer like us lot! 

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1 minute ago, Sir Shep said:

Has your company done their due diligence? Given you the proper training like manual handling and the correct equipment, clothing etc? If not then it’s certainly worth pursuing I’d say although probably best to consult a legal professional rather than a barrack room lawyer like us lot! 

They sign you off on manual handling but no training was given and the way the store things makes regular manual handling near on impossible. 

 

I use foxestalk for all of my life choices lol

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fcuk them and go for it.

 

It helps with your claim the longer you have been there and your own personal record (sickness, disciplinary etc)

 

But yeah, fcuk em 

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35 minutes ago, foxfanazer said:

They sign you off on manual handling but no training was given and the way the store things makes regular manual handling near on impossible. 

 

I use foxestalk for all of my life choices lol

I know exactly what you mean, i have to lift heavy things daily, up to 80 kilos sometimes and at 47 I’m dreading any sort of injury even though I try and be as careful as possible. Definitely look into it though, good luck and I hope you fully recover 👍

 

 

 

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29 minutes ago, foxfanazer said:

They sign you off on manual handling but no training was given and the way the store things makes regular manual handling near on impossible. 

 

I use foxestalk for all of my life choices lol

If your signature is against the ‘I’ve completed manual handling’ section on a training programme, then claiming against the company might not be so easy. 
 

(And if you didn’t receive the training, why did you sign to say you did)? 
 

If your company is illegally operating, block signing safety training for employees where no training was given, then that is quite serious and should be raised with your local authority or the HSE, depending on what type of company you work for. 
 

Similarly, if the company is putting people at risk regularly, as you intimated above, then that is something that you can pursue. 
 

Word of caution on claiming against companies - I’m sure you are aware that it’s rarely as easy as it looks on the adverts! I work with a couple of companies that aggressively defend any claim they get. Be prepared. 
 

But as mentioned above, maybe a no win no fee ambulance chaser may be your best bet for a bit of advice. 

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46 minutes ago, Sir Shep said:

I know exactly what you mean, i have to lift heavy things daily, up to 80 kilos sometimes and at 47 I’m dreading any sort of injury even though I try and be as careful as possible. Definitely look into it though, good luck and I hope you fully recover 👍

 

 

 

Umm, why?

 

You know that’s 3 times above the manual handling guidance limit, don’t you? 

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1 hour ago, Sir Shep said:

I know exactly what you mean, i have to lift heavy things daily, up to 80 kilos sometimes and at 47 I’m dreading any sort of injury even though I try and be as careful as possible. Definitely look into it though, good luck and I hope you fully recover 👍

 

 

 

80 kg's?!? I work in Engineering and and we're not allowed to solely lift more than 17kgs without lifting assistance of some sort now lol

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Where I work we have to do a manual handling course every 2 years, which includes demonstrating how to lift boxes, plus passing a basic exam. We can't work on site without the manual handling permit. It gives the right to refuse to lift heavy or awkward loads without assistance though. Obviously its an arse-covering exercise by the company to avoid these sorts of claims. 

 

If the OPs employer signs you off on manual handling but gives no training thats definitely a bit dodgy.

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57 minutes ago, deejdeej said:

80 kg's?!? I work in Engineering and and we're not allowed to solely lift more than 17kgs without lifting assistance of some sort now lol

Same for post men, but we regularly get stuff heavier than that and management don't take refusal kindly.

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2 hours ago, Milo said:

If your company is illegally operating, block signing safety training for employees where no training was given, then that is quite serious and should be raised with your local authority or the HSE, depending on what type of company you work for. 
 

Similarly, if the company is putting people at risk regularly, as you intimated above, then that is something that you can pursue. 
 

I work in the rail industry, which is health and safety mad. Reporting any unsafe working practices to your H&S department is the first thing to do. If that doesn't work then the rail industry has CIRAS https://www.ciras.org.uk/ . Other industries might have similar independent reporting schemes.

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1 hour ago, deejdeej said:

80 kg's?!? I work in Engineering and and we're not allowed to solely lift more than 17kgs without lifting assistance of some sort now lol

You are, there’s a difference between guidelines and the law when it come to suing. 

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Former investigator of Employers Liability claims here  :wave:

 

It's not just about manual handling training.

 

The employers need to be able to show that they operated a safe system of work, that they minimised or eliminated any unnecessary manual handling, that they regularly reviewed their system and documented this.

 

It also makes a difference whether or not you reported the original incident to them as something which occurred at work and was caused by your duties, and whether or not the follow up problems were exacerbated by your duties.

 

Employers are obliged to record such incidents and to record absences over 3 days caused by workplace accidents, and to report them to the Health & Safety Executive if they go over 7 days (look up RIDDOR).

 

It also makes a difference if there are possible intervening other causes - if you play rugby or do weights, your employer, or their insurers might argue that your hobbies have caused it rather than work.

 

The odds are so heavily stacked against employers that if you can show that you suffered an injury doing your duties, you almost certainly have a valid claim.

 

You can claim for pain and suffering, "loss of amenity" (the effect on your life) and loss of earnings, as well as medical costs and legal fees.

 

The bigger firms, such as Irwin Mitchell  Thompsons or National Accident Helpline  will help.  Many operate on a no win /no fee basis, but they'll take a cut of any settlement agreed.

 

Your employer won't pay for any claim, this will be dealt with by their employers' liability insurers.

 

:thumbup:

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17 minutes ago, Vacamion said:

 

Former investigator of Employers Liability claims here  :wave:

 

It's not just about manual handling training.

 

The employers need to be able to show that they operated a safe system of work, that they minimised or eliminated any unnecessary manual handling, that they regularly reviewed their system and documented this.

 

It also makes a difference whether or not you reported the original incident to them as something which occurred at work and was caused by your duties, and whether or not the follow up problems were exacerbated by your duties.

 

Employers are obliged to record such incidents and to record absences over 3 days caused by workplace accidents, and to report them to the Health & Safety Executive if they go over 7 days (look up RIDDOR).

 

It also makes a difference if there are possible intervening other causes - if you play rugby or do weights, your employer, or their insurers might argue that your hobbies have caused it rather than work.

 

The odds are so heavily stacked against employers that if you can show that you suffered an injury doing your duties, you almost certainly have a valid claim.

 

You can claim for pain and suffering, "loss of amenity" (the effect on your life) and loss of earnings, as well as medical costs and legal fees.

 

The bigger firms, such as Irwin Mitchell  Thompsons or National Accident Helpline  will help.  Many operate on a no win /no fee basis, but they'll take a cut of any settlement agreed.

 

Your employer won't pay for any claim, this will be dealt with by their employers' liability insurers.

 

:thumbup:

Thanks that's really helpful. From what you've said there it seems I have a very valid claim 

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1 minute ago, foxfanazer said:

Thanks that's really helpful. From what you've said there it seems I have a very valid claim 

 

Yes, that's what I thought.

 

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2 hours ago, Trav Le Bleu said:

Same for post men, but we regularly get stuff heavier than that and management don't take refusal kindly.

Ours is a different industry but if ever I’m asked to do something I don’t think is safe, rather than refuse, I just ask to see the specific rams.

When you read them it almost always contradicts the task and they then have to come up with a safe method.

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29 minutes ago, Strokes said:

Ours is a different industry but if ever I’m asked to do something I don’t think is safe, rather than refuse, I just ask to see the specific rams.

 

Will this do?

 

ram.jpg

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2 minutes ago, Trav Le Bleu said:

Will this do?

 

ram.jpg

I guess you could write on it in dye, it might pose its own health and safety risks though.

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15 hours ago, Strokes said:

I guess you could write on it in dye, it might pose its own health and safety risks though.

Not sure about those RAMS

 

That’ll need a dynamic risk assessment to handle that ........

 

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Decided I'm gonna go for it. The way they've treated me since has been nothing short of disgusting. They've even used my absence record (only been off because of this) to block a transfer request I submitted 

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