if injured would you claim against your employer?

G1BB0

G1BB0

G1BB0

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reason I ask is I am looking to pursue my employer for an injury sustained thru my job.

I developed Tennis Elbow (RSI related injury) nearly 2 years ago and have ended up having steroid injections, physio and now having an operation for a tendon release next week meaning I cant drive etc for at least 2 weeks after and total recovery is 4-6 weeks with a 75% chance of success

during these 2 years I have had periods where I couldnt grip at all with my left hand (no smug comments please lol) and had periods where I couldnt drive, even rolling a cigarette was a no go at one stage. I am also having restricted movement in my elbow/lower arm and wrist due to pain and stiffness.

I never had any issues when I started and it took 8 months to develop, I never went sick until it got to the point where it was unsafe to work (I work in telecomms and climb ladders etc), there are quite a few that have this problem currently and plenty others who have previously so its not isolated. it almost cleared after physio but 4 months of being back it came back with a vengeance

just wondered really if you would do the same or am I wrong to do so?

dont want to sound like an ungrateful git as the job is/was great but surely I have a right?
 
It depends on the circumstance. Can you prove employer negligence beyond reasonable doubt? Are your employer directly attributable for your injury?

If the answer to either/both is no, then no, I wouldn't sue my employer.

All you have said is the type of job you do, and the fact that 8 months after starting work your issues started to develop. That doesn't mean your employer or even the work you do was in any way at fault.
 
well thats the thing, its a multi national company so the h&s will be squeeky clean, but the variety and demands of the job vary and can be very arduous and repetitive therfor as in mine and other instances a cause for physical injuries/conditions

Yes the job has caused it, hence why, if it wasn't then I wouldnt even be thinking about it

was the thought that I will now have a 4 inch scar on elbow and prob mess my tatt up aswell (jk lol)

I was a chef in the army and civvy street for 12 years and done manual work since that and never had any issues at all, its the fact that there are several blokes who have had it, others have had similar inc carpel tunnel surgery, tendon releases and so forth

its an individual thing with regards some get it some dont and due to the physical nature of the job certain activities cannot be changed/avoided. I was really just thinking of the last 2 years where I havent been fishing, able to do sports, adapt my lifestyle plus with the scar and more physio to come I guess I feel it wasnt really my fault in the slightest and a bit miffed
 
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G1BB0 said:
well thats the thing, its a multi national company so the h&s will be squeeky clean, but the variety and demands of the job vary and can be very arduous and repetitive therfor as in mine and other instances a cause for physical injuries/conditions
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How?
 
It's a double edged sword for me. I'd claim all I can get, but that mentality is exactly why health policy and insurance premiums are reaching daft heights now.
 
have you mentioned it to your employer previously as if they are unaware of your problems they cant help you. them breaking health and saftey rules is something different.
 
yeah been on restricted duties, occy health, all documented since day 1, also specialists, consultants and original physio was appointed thru employer/hr

done everything by the book to cover my own arse as was originally scared of being given the sack for sickness
 
If the problem was definitely caused by the job and you've been following the H&S procedures that the company has laid out then it doesn't seem unreasonable to claim but if the problem was something that just happened then maybe it's not entirely reasonable to claim.
 
I thought you could only claim for substantiated loss, and seeing as they're still paying your wages and have sorted the medical treatment required I'm not sure what you'd be claiming for? You can't just say "boo-hoo you hurt me, give me monies!!!" If you think it's becoming a more serious problem I'd talk to someone at your occy health dept. If it's something that's going to have an ongoing impact on your life I'd imagine you'll have some level of insurance (through them) to cover such an instance.
 
cheers, it is a tough one, think I might speak to the union, done some googling and it wouldnt be the 1st, also comes up on our intranet hence why it was refferred to occy health at the 1st instance by my boss
 
Sorry but you have worked in a job and sustained a RSI, which can happen anywhere, you company has then put you to see specialists, walked you through each stage and kept your job going through this and now you want to sue them?

Strange..

KaHn
 
no, sorry, my point was if your job caused you to have a medical condition which then required surgery and 2 years of pain, knackered lifestyle in the process then surely one would be entitled to claim some form of compensation?

It was something mentioned to me by a colleague which which prompted me to look into it, I hadnt even considered it before hence why for the last 2 years I have just got on with it.

the initial physio was provided by work, the rest was done via the nhs, sorry I worded it wrong above.


thats why I asked, some say go for it and others say no, personally its not me anyway, had a couple of accidents before now in previous job and never gave it one thought. I guess I have fallen into this where theres a blame trap

cheers for all your posts
 
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G1BB0 said:
the initial physio was provided by work, the rest was done via the nhs, sorry I worded it wrong above.
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You quite clearly said specialists and consultant visits had been arranged through the company.

I don't see where at any point the company are at fault, and so what you could possibly sue them for?

You do need to take a level of care for yourself, ok RSI is a bit of a tricky one because you're not knowingly causing damage to yourself, but unless it's a direct result of something the company could have prevented then what could you sue them for?
 
if it was through work i.e private I would prob not have had to wait aslong to get sorted and be back at work fully now lol. NHS is free but by god its a lengthy process

thats a fair point and answers my initial post, like I said, when people say you should sue em etc etc its easy to get carried away, thats why forums are good, impartial (ish) advice.... cheers chaps
 
groen said:
why do you need to claim, doesn't the national health service cover your bills ??
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don't be foolish.
if you lose a limb replacement artificial ones cost a BOMB and the one you get (AND YOU ONLY GET ONE) on the NHS will wear out.
 
VeNT said:
don't be foolish.
if you lose a limb replacement artificial ones cost a BOMB and the one you get (AND YOU ONLY GET ONE) on the NHS will wear out.
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And there will be insurance in place, especially with a large company which will cover accidental things like this. The only reason you'd sue the company is if they were shown to be negligent.
 
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