Accident at Work

[k66yla]

Hi

 

I apologise in advance for the length of this post .

 

Back in January 2009 I had a fall whilst doing my job. Weather conditions were snow/ice and -9c. I slipped on a driveway and felt something go 'ping' in my knee. I could'nt complete my work and returned to base where I completed an accident report. Went to GP and signed off for a week, painkillers and told to rest leg.

 

Problems continued with my leg but could'nt take anymore absence from work so I continued with prescribed pain relief to get me through work. July 2009 my knee was so swollen and I could'nt walk, so had to take 3 days off. On my return I eventually had to have an interview with the manager and beg to keep my job. I got to keep it because of the time between absence and interview and because there was no severe weather policy implemented at the time of my accident and the 3 day absence was linked to the initial injury in January.

 

I instigated a claim against my employer via my union solicitors, mainly because they did'nt seem to be taking my injury seriously. The DWP has classed it as an Industrial Accident and I've had a medical with them but not entitled to any injury payment because basically I can still walk.

 

I've spent nearly 18 months attending various Physio sessions via my GP all to no avail. Recently my GP finally referred me to a Orthopaedic Consultant. I've had an MRI and been diagnosed with a torn cartilage and associated cyst. So I'm now awaiting a date for surgery. Since the diagnosis my knee has got worse with the swelling and pain and my GP has signed me off. Looks like I won't be returning to work until at least Christmas.

 

When I was at work I had various telephone consultations with my employers Occupational Health and they placed recommendations for me. The longest my employer stuck to the recommendations was 2 weeks, each time stating they could not follow the advice because of 'Operational Needs' ie short staffed. Occupational Health also stated it is there opinion I'm not covered by DDA.

 

My solicitor has finally heard off my employer stating they are not responsible for my accident and any blame should be towards the homeowners of the driveway I fell on.

 

I have a few questions I need answers to.

Should I be covered by DDA bearing in mind the length of the time I have had the injury?

Can they sack me for the amount of time I've spent off sick, even though the injury happened whilst doing my job?

Should I contact the DWP Industrial Injury office again and give them an update on the injury?

My employer sent me out to do my job in severe weather conditions, surely they should be responsible for my accident and not the householder?

 

Once again I'm sorry for rambling, any help/advice would be appreciated.........thanks

[SarEl]

 

I have a few questions I need answers to.

Should I be covered by DDA bearing in mind the length of the time I have had the injury?

Can they sack me for the amount of time I've spent off sick, even though the injury happened whilst doing my job?

Should I contact the DWP Industrial Injury office again and give them an update on the injury?

My employer sent me out to do my job in severe weather conditions, surely they should be responsible for my accident and not the householder?

 

Once again I'm sorry for rambling, any help/advice would be appreciated.........thanks

 

Sorry - but this isn't going to be what you are hoping to hear. The DDA has no relationship to the amount of time since you were injured. There are many medical conditions or injuries which may be long-lasting but which are not classed as disabilities. I would tend to agree that this injury is not a disability, but even if it were (or were to later become one) I am not sure what protection you think the DDA can offer in terms of your situation. It cannot stop you being dismissed for sickness absence, and it cannot get you compensation.

 

The injury happened whilst you were doing your job yes, but the employer cannot be held accountable for an accident in severe weather conditions - sometimes an accident is just an accident. They didn't make it snow, and they didn't act neglectfully in not clearing snow from a private driveway. Many people were required to still do their jobs despite severe weather conditions - and it is as much your responsibility to safeguard your position as it was the employers (that's the law, I'm afraid) - so dressing sensibly, sensible footwear and being careful. As I said, I'm really sympathetic - especially since injuring my back some years ago in the same conditions - but an accident can just be an accident, Frankly, I think you'd struggle to make a claim against the householder too, but that's up to you. But yes, you can be disciplined or dismissed for substantial periods of sickness absence - whatever the reason for it - in line with an employers sickness absence policy, which you should be checking out.

 

I don't deal with the DWP side so I can't really help on that one, but I would have thought that updating the situation would be sensible.

[papasmurf1cx]

What is the nature of your employment? Are you saying that your employer didn't have a severe weather policy but now has one because of the conditions at the time of your accident? What would have happened under that policy if it had been in existence at the time of your accident? I am not so sure about what SarEl has said in regard to an action against your employer, there are many instances when even the emergency services management restrict the movements of their employees because it is too dangerous to work in those conditions. So if your employer has given NO THOUGHT as to the danger of the conditions there may be a case, which is I suppose why your union has appointed a solicitor for you.

 

The DDA protects people that have long term medical conditions that affect the daily lives of the individual Page 200 http://www.equalityhumanrights.com/uploaded_files/drc_employment_code.pdf refers.

 

You will see that mobility is one of those condition so if your day to day life is affected by this condition (a condition that has lasted or is likely to last 12 months or more) then the DDA is operable. If you have been unable to work then I would suggest that is affecting your daily life. If your employer is going against OH advice and aggravating your condition I do think that they are treating you differently to others. I disagree with OH I do think you have a condition that may be covered by the DDA.

 

What has your solicitor said about the viability of your claim? Have they issued an action in the courts as yet?

 

What happened when you did work against the OH advice? was the injury aggravated? You may have cause to submit a grievance, have you talked to your union rep about this?

[k66yla]

Thanks for your responses.

 

Papasmurf - I'm a postie.

A severe weather policy is meant to be implemented when conditions are deemed to be dangerous. The manager failed to make that decision, the majority of us protested but were told to get on with it. Normal bullying tactics! They now make sure that this is done, last winter they did the sensible thing and kept us in the office a number of times.

At the time I was on a rural delivery with roads that the gritter could'nt even get down. I had mentioned this to the manager and also asked for snow chains for my shoes, but was told they had all been handed out(nobody got a pair).

My union Area H & S rep said that he thought I should be covered under DDA. Also last week I showed my GP my OH report and she thought the same. How do I go about getting covered? I believe my mobility has suffered because of this injury. I am in constant pain and when I get home from work I am fit for nothing because of the pain/swelling to my knee. My kids arn't happy doing odd jobs for me thats for sure.

 

I have'nt had much contact from the solicitor. The file has only just reached my solicitors desk because they were waiting on the Accident Report (which was misplaced/misfiled for over a year)and a response from RM. I am hoping things will move quicker now. I've no idea how these things work and don't want to keep bugging them.

The most recent OH advice was to do part of a delivery with a trolley and no more than an hours walking. The rest of the job being made up of indoor duties with sitting/standing every 40mins. That lasted 2 weeks and no trolley ever appeared. Since then I've been constantly on my feet from 6am until I finished at 2pm..........'Operational Needs' you see

I spoke to my union rep a few weeks ago before he went on Annual Leave. He told me he was trying to get things sorted but nothing happened and since last Wednesday I've been off due to my knee.

[papasmurf1cx]

This sounds more serious than when you first posted. "How do I go about getting covered?" It is not a case of being covered. The DDA forms a legal frame work for helping disable people in different areas of their life and with services. Your employer should be considering reasonable requests to help you over this time in your life. Certainly if you can get an operation to correct the problem you should do so.

 

As far as the PI aspect of your case, it seems to me as a layman and not legally trained that you have some cause to take out an action.

 

What goes against you in this regard is that you actually do the work with the injury so minimising the effect of what you say the injury is doing to you.

 

Your solicitor should contact you detailing exactly what to expect, if you are not hearing from them I would get in contact asap to gee them up a bit.

[postggj]

Welcome to cag

 

first of all i am an area legal and medical secretary for the comunication workers union

 

dont talk to me about atos

 

ive had my day in court with that lot

 

ime fed up with local reps not being trained properly

 

i take it this was put in the accident book or on the erica system

 

has your gp given you a fitness to work not being you are waiting for surgery

 

for the record

 

i had the same sort of accident at work, three operations, bone infection, new knee cap, you name it

 

i had all the crap also from royal mail untill i put in a grievance procedure against the dom

 

how long have you worked for royal mail

[colin813]

Sorry to hear about your injury

 

Unfortunately severe weather conditions and in your case snow is the fault of no individual, its merely an act of god. You will find it difficult if not impossible to claim for personal injury.

 

A severe weather policy is meant to be implemented when conditions are deemed to be dangerous. The manager failed to make that decision -

Section 7 of the health and safety act states that, whilst at work, every employee must take care for the health and safety of himself and of other persons who may be affected by his acts or omissions.

 

This basically means whilst you are at work its your responsibility to take care!

 

You made a decision to walk on the driveway. Therefore you take responsibility for your own actions.

 

This sounds harsh I know, but its what your employer’s insurers will be saying.

Edited September 29, 2010 by colin813

[postggj]

The manager should have informed him of making a claim under

 

pabs

 

that is

 

royal mail personal accident benefit scheme

 

what royal mail will not tell you, even though it is run by royal mail is

 

a six month time limit from the accident for the application

 

this action does not effect personal injuries claims within the three year limit

[SarEl]

Given what the OP has said since the first post then it may be that there is a chance for DDA - certainly the first post indicated very little time off and little impact on mobility. But it is still something of a case of "so what" in that sickness absence still counts as sickness absence and it gives very little "protection" - as a piece of legislation it is vastly over-rated. That isn't a reason not to use it where possible - but it is cause to be wary about its limitations.

 

In terms of personal injury, it would help if you could prove that you had asked for snow chains (not that nobody got them, but that you asked for them). RM's usual practice is (or has been in the past - it may have changed more recently) to settle - but I am perplexed as to why a claim has not yet been made given that it is going on for nearly two years later, and even a holding claim would normally have been submitted by now. The lost accident report doesn't seem a valid reason for not having even begun action.

 

But you union is there to sort out these things and it isn't about being a nuisance - it is your right to want to know what is being done and you need to be asking and pushing for answers. In the end they know all the in's and out's of the case, whereas any advice you get here can only be based on what you do (or don't) say with little knowledge of the context. That might work for simplet questions, but you aren't going to get the degree of detail into a post to get an accurate picture for advice to be based on.

[k66yla]

Welcome to cag

 

first of all i am an area legal and medical secretary for the comunication workers union

 

dont talk to me about atos

 

ive had my day in court with that lot

 

ime fed up with local reps not being trained properly

 

i take it this was put in the accident book or on the erica system

 

has your gp given you a fitness to work not being you are waiting for surgery

 

for the record

 

i had the same sort of accident at work, three operations, bone infection, new knee cap, you name it

 

i had all the crap also from royal mail untill i put in a grievance procedure against the dom

 

how long have you worked for royal mail

Hi Postggj

I've worked for RM since 2003. I was employed by them previously but went off to start a family.

My GP has signed me off stating 'Torn Meniscus -Awaiting Surgery', she was concerned as I can normally control the swelling/pain by rest and icing when I get in from work but lately that has'nt been working and the pain has been affecting the inside of my knee aswell as the injured outside area.

I have been struggling with work for a long time but having a number of Stage 3 interviews in the past(one for having a blood transfusion & op)I've had to continue with work. My last Stage 3 RTU was triggered because of this AOD and I was told if I triggered another one I would be out of the door, irrelevant to what caused it.

The accident was reported on the ERICA system on the day of the accident.

Edited September 29, 2010 by k66yla

[postggj]

They tried that with myself

 

they never got passed a stage 1

 

i said

 

if

stage one, two three issued and got the sack

 

an et would have a field day for the same injury

 

i take it your rep is going in with you on the stage warning interviews

so i ask the question

 

why are they being issued

[k66yla]

Sorry to hear about your injury

 

Unfortunately severe weather conditions and in your case snow is the fault of no individual, its merely an act of god. You will find it difficult if not impossible to claim for personal injury.

 

A severe weather policy is meant to be implemented when conditions are deemed to be dangerous. The manager failed to make that decision -

Section 7 of the health and safety act states that, whilst at work, every employee must take care for the health and safety of himself and of other persons who may be affected by his acts or omissions.

 

This basically means whilst you are at work its your responsibility to take care!

 

You made a decision to walk on the driveway. Therefore you take responsibility for your own actions.

 

This sounds harsh I know, but its what your employer’s insurers will be saying.

Hi Colin

I understand what you are saying regarding I should of not gone on the driveway and used my judgement. Unfortunately I did'nt make that call because I knew I would pay the price on returning to the office with mail. I don't take confrontation well and this is what would've happened if I had returned to the office aswell as threats of Wilful Delay. Bullying tactics, every RM worker has experience of that.

I did'nt even think of putting a claim in for a long time, hoping my leg would soon get better, that did'nt happen. I'm not in it for the money though I would like to be compensated for what this has cost me, if that does'nt happen so be it. I just want them to take the severe weather policy seriously and use it ,so that myself and my colleagues arn't injured doing our job.

[k66yla]

They tried that with myself

 

they never got passed a stage 1

 

i said

 

if

stage one, two three issued and got the sack

 

an et would have a field day for the same injury

 

i take it your rep is going in with you on the stage warning interviews

so i ask the question

 

why are they being issued

I have always taken my rep in with me. So far I have managed to keep my job but I've spent the past few years sitting on a Stage 2 knowing my next abscence is probably going to get me the sack. I don't know why it has always got to the Stage 3 RTU interview but the stress I go through waiting for the outcome is unbelievable. Perhaps they just like to see me suffer

[postggj]

I would not worry

 

for an acute injury awaiting surgery, they would be on a fools gold approach to sack you

 

may i ask what part of the country are you in (county)

[k66yla]

I would not worry

 

for an acute injury awaiting surgery, they would be on a fools gold approach to sack you

 

may i ask what part of the country are you in (county)

I'm in Kent.

I'm sure they will try to sack me this time but I am prepared for a battle if needs be. I should'nt be punished for injuring myself whilst carrying out my duty but we are talking RM here and they are a law unto themselves.

[k66yla]

Postggj

In your experience how long does it take for the solicitors to deal with these sort of claims? I've signed the contract and had an interview with the solicitors PA etc but still really don't know 100% if they have taken the case.

Finally heard off the hospital today and will have my pre op assessment next week. So hopefully I'll have the damaged removed within the month. I know the meniscus can't be repaired, hopefully recovery won't be too long or am I being optimistic:crutch:

[k66yla]

Just a quick update.

Its been a while since I posted(forgot I had an account on here).

 

Anyway I had the op on my knee and everything appeared to be ok apart from the pain running down my thigh. Luckily I had cleared all my Stages before I had the op so triggered a Stage 1 on my return which was issued. After re-hab at work for a couple of weeks it appeared the knee was'nt too good and have spent the past year on and off cocodamol/diclofenac. Have had accupuncture aswell. Anyway it looks like I may need yet another op.

 

Still no news on the claim front. I attended an appointment in Harley St March 2011 and still waiting for the consultants report to come back. I did receive the report last summer but the consultant had put the wrong dates in so it had to be returned to be ammended.