Going back to work after illness - disabled advice needed

[maud26]

Hi all

First of all i apologise in advance if i am in the wrong place - i am looking for some guidance and advice really on my current situation.

I have 4 disabling health conditions and have worked for my employer for almost 2 years. They have always been aware of my conditions and even helped me a thru a DLA tribunal 18 months ago, they have been accomadating by tailoring various tasks to suit my needs. At the end of Jan i was taken ill quite suddenly with symptoms of a stroke and after a week in hospital it was considered to be a rare migraine condition coupled with a major flare up of my existing condition (Lupus, Fibromyalgia, Behcets disease and Osteopenia) and so i had 4 weeks off sick and returned 2 weeks ago. Last Tuesday (3rd march) i returned to Hosp for Lumbar Puncture and had another 3 days off sick. Fortunately I get full sick pay although i have never been given a contract of employment (no-one in the compnay has!). Since going back to work this week i have been using my wheelchair, mainly for conmfort as the Lumbar Puncture was quite traumatic and not straight foward! But i have now realised that the office chair i had before will no longer be suitable and my Consultant has advised that they cant give any answers on how my condition may progress. So basically i have a manual wheelchair which i use for sitting in at my desk and it seems like this maybe become a permanent solution.

My problem lies with the fact that the health & safety person at work has been great, asking me questions regarding what i can /cant do and how long it takes to get from a to b. I struggle most with getting into/out of work as there is a long flight of stairs to climb - something which i dont have to do at home as i live in a bungalow. The fire procedure they have now put in place states that the journey for me to get out takes 10 minutes which i personally feel is too long (i'd be dead along with designated helper). The toilet facilities are also tricky for me to negotiate and there is a risk of me falling downstairs due to the position of the toilet door!

I had a meeting with H&S person on tues and she asked me what my concerns were, and now it seems that since she has spoken to the Boss that they think my conidtion is temporary and in a couple of weeks i'll be up and running! I feel really beaten today so dont know where to turn really! Does anyone have any experience of this or any advice as i feel like i am not being taken seriously!

Sorry for ranting but i've been in tears for the past 2 hours and my hubby is tearing his hair out too. I would give up work tomorrow as i feel it would just be simpler to do that than battle but i also feel that work is my lifeline/social life and i think i'm good at my job - i enjoy it so why should i give in!

Any thoughts welcome

xx

[godpikachu]

well, under DDA your employer is obligated to take reasonable measures to allow you to carry on working, which it seems they have been doing thus far, any problems you may have should have been highlighted at your return to work/occupational health interview.

 

The main thing i see here is your boss thinks that your condition is only temporary, is this his medical opinion?, is he a qualified doctor?.

Id wager he isnt, so therefore he has no business venturing an opinion in something he is not qualified to have an opinion on.

 

All of the conditions you have are incurable at the moment, but can be treated with medication, although this doesnt mean that your problems will simply vanish.

 

They arent really discriminating against you in this matter, although they are showing a lack of their obligation for duty and care, as you are able and willing to work, but they are ignoring some of your needs.

 

If this matter is really bothering you, then i would consider writing them a letter outlining your concerns and offering suggestions of how you can be accomodated.

[maud26]

Thanks for your reply!

I am useless at writing letters so think i may take the weekend to think about it and put something together. My best friends hubby is a HR director and thinks its disgusting the way i've been treated as she also works there too so she's sees the situation i am in. I dont want to be a burden on anyone but i'd like to be included in any discussion concerning me - do i have this right?

I think i'm just going thru a 'weak' phase as i'm usually a real fighter!

xx

[maud26]

Also the problem with me suggesting how i my needs could be accomodated is that my job is upstairs along with all toliet facilities so even if my job was moved to the ground floor i would still have to go upsatirs to use to the toliet. Seems like i'm shot at to be honest.

Thank you x

[godpikachu]

Also the problem with me suggesting how i my needs could be accomodated is that my job is upstairs along with all toliet facilities so even if my job was moved to the ground floor i would still have to go upsatirs to use to the toliet. Seems like i'm shot at to be honest.

Thank you x

 

 

Well, your main problem at the minute is climbing the stairs, which causes you discomfort but you only really need to do it twice a day, once in the morning and once at night, so unless there is a lift available or if they are willing to install a chairlift, theres nt really much to be done here.

 

Toilet wise, is there a dedicated disabled toilet?, if not, what modifications have been made to the existing toilets for you to be able to use them?.

I know many "disabled" toilets do require the user to be slightly "abled" in order to use them without assistance, but generally they have good access for wheelchair users and have various bars and hand grips for you to be able to pull yourself up on.

Obviously if someone is so disabled that they require assistance from a carer, then it really calls into account their ability to work at all.

 

As for your chair, like you say your wheelchair is sufficient for use at your desk, as it is comfortable and functional, whereas a seperate chair would cause you problems in getting up and down and general use, so for the time being stick to your wheelchair.

 

As for the fire proceedure, how many helpers do you have?, AFAIK as you are a wheelchair user you should have 2, as in case of a fire they should have a stretcher/sedan chair so that you can be carried quickly from the building using the stairs, or at least to a "safe area" (most places now have these for insurance purposes).

10 minutes to leave a burning building is not really acceptable, and could result in your death and the death of the person assigned to help you.

 

One thing you could suggest to your boss is that they have an informal discussion with someone from the HSE with regards to what measures they can take to help you, they will be happy to help and as a plus it means your company will be adaquatley set up if they have any furthur disabled employees in the future.

[pompeyfaith]

Hiya Maud,

 

I too had a stroke in 1990 at the tender age of 24 which has left me with claw right hand, curvature in my spine, drop right foot, general weakness down my right side and hypertension.

 

Now i can under stand how you feel specially after that lumbar puncture which I had very painful.

 

I had a terrible time at work trying to get them to accommodate me which resulted in a tribunal hearing.

 

cut a long story short in the end i got compensated.

 

Now im not working because its just too stressful for me now plus i have a disabled mum to look after.

 

I think you should over the weekend have a good read of this act as it will tell you what your employers responsibilities are.

 

Disability Discrimination Act 1995 (c. 50)

 

I wish you well

 

Regards

 

PF

[maud26]

Godpikachu - thanks for your reply again.

I agree the stairs are only a twice daily occurrence altho there is scope for me to work downstairs but then this still leaves the issue of the toliet being upstairs lol!

The prob's i have are

a) the floor beneath my desk has a slope (old building) and my chair is diff to manouvre under my desk

b) the other desks/franking machine/printers/copiers etc are all too close together for me to move around the office in my chair at all so when i need the loo i have to walk to it

c) the toilet has been designated for my sole use (from monday this wk) i have provided my own frame/raised seat but when this is on the internal door wont close! This is not a prob as there is another door but this opens directlly at the top of a staircase and i have to close another door behind me, lean on a wall so i dont fall downstairs and then proceed into the toilet.

 

I feel immense guilt in even thinking about my employer having to make special adaptions (at cost) just for me and feel it would be easier all round to just give up, but i've worked thru Chemo and they know how dedicated i am to my job so maybe its just ignorance whether that be intentional or not. I guess its a learning process for all of us, i think they have only considered the Fire procedure for now and i need to outline the true extent of my conditions. How depressing lol!

 

Pompeyfaith - thanks for your support, lumbar puncture was not nice at all and i couldn't find anyone who had had one before i went to talk to, the anxiety was awful! I had 22mg of diazepam beforehand and was as lucid as i am now lol! I'm still taking them now as they had 6 attempts before finally getting the sample .

I just worry about everything like all the hosp apts i have coming up too, such a stress head! But whats the alternative to work? Benefits wouldn't cover my salary and with my hubby lsing his job last Oct we rely on the stability my job offers. Plus i do enjoy it, its like a social life to me lol - must be mad eh??

 

Thank you once again xxxx

[godpikachu]

Godpikachu - thanks for your reply again.

I agree the stairs are only a twice daily occurrence altho there is scope for me to work downstairs but then this still leaves the issue of the toliet being upstairs lol!

 

well, like i say, theres no real need for you to be moved downstairs at the minute, you are capable of climbing the stairs although it causes you some discomfort, like i say though your employer could offer to install a chairlift or something to make it easier for you.

 

The prob's i have are

a) the floor beneath my desk has a slope (old building) and my chair is diff to manouvre under my desk

 

well, applying the brakes on your chair would stop you rolling about if thats happenning, and a simple reorganising of your desk layout to put all your stuff in easilly accessable places, alternativley, they could get you a new desk thats a little easier for you to use, places like staples etc sell desks starting at £25 so its not gonna be cost prohibitive really.

 

b) the other desks/franking machine/printers/copiers etc are all too close together for me to move around the office in my chair at all so when i need the loo i have to walk to it

 

hmm, well, as for using the machines, the answer is simple, get someone else to do it for you, im sure others will be happy to help.

As for having to walk around, is there not the possibility that some of the stuff can be moved, afterall, having all this equipment together in one place is bit of a fire hazard, plus, if it hampers you from getting around, it will also hamper others.

 

c) the toilet has been designated for my sole use (from monday this wk) i have provided my own frame/raised seat but when this is on the internal door wont close! This is not a prob as there is another door but this opens directlly at the top of a staircase and i have to close another door behind me, lean on a wall so i dont fall downstairs and then proceed into the toilet.

 

hmm, so the addition of a handrail or two to steady yourself on here wouldnt go amiss.

 

 

I feel immense guilt in even thinking about my employer having to make special adaptions (at cost) just for me

 

Dont feel guilty at all, your employer has a legal obligation to ensure you work in a safe environment.

Would you say that other employees feel guilt that their employer has to spend money on fire extinguishers and smoke alarms etc so that they can work without the fear of being burned to death?, of course not, so stop worrying.

 

 

...and feel it would be easier all round to just give up, but i've worked thru Chemo and they know how dedicated i am to my job so maybe its just ignorance whether that be intentional or not. I guess its a learning process for all of us, i think they have only considered the Fire procedure for now and i need to outline the true extent of my conditions. How depressing lol!

 

dont give up, you are simply exersizing your rights under law, and still showing your employer how dedicated you are.

not many in your position would carry on working, most would simply give up and take the easy route out of claiming incapacity benefit or disability living allowance, so hold your head up and be proud that you have the gumption to go out and work i the full knowledge that out there are others who are not as bad as you but yet choose to take the easy route of claiming handouts.

[scanjet1954]

Have you contacted Access to Work? They will complete an initial application over the telephone and will let you know if you qualify. The paperwork will then be sent out to you to check, sign and return. Access to Work will pay approx 80% of the costs. Access to Work will then arrange for a full workplace assessment to be carried out and a full report and costings will be sent out to you. It is down to the employer as to whether they think the costings are reasonable.