old rooster Posted October 31, 2005 Report Share Posted October 31, 2005 OK know its not shooting related but I just wondered if any of you could offer advice. (Think I've posted in the right forum for once) Friend injured her back using faulty equipment at work nearly 6 months ago now, since then she has been off sick and has been signed off by her GP. She's sent the sick notes in to work but they keep pestering her to go in and see the nurse at work on the basis that they can find her some light work to do. My question/s is/are: Can they demand that she goes in to see this nurse while still signed off as unfit by her GP ?. Would she be covered by her companies insurance if working while signed off due to injury ? My guess is that the answer to both questions is no but if anyone has encountered a similar situation their feedback would be much appreciated. Quote Link to comment Share on other sites More sharing options...
Gemini Posted October 31, 2005 Report Share Posted October 31, 2005 If she was injured as badly as you say by using “Faulty equipment”, then I would suggest she sees a solicitor about making a claim against the company. My guess is that this company want her to go into work and do light duties, so that they can then claim that her injuries aren’t as bad as she is making them out to be. It could also invalidate any future injury claims that she might have against the company. After all if she is fit enough to go into work……….. G.M. Quote Link to comment Share on other sites More sharing options...
dazza Posted October 31, 2005 Report Share Posted October 31, 2005 Is she in a union? Quote Link to comment Share on other sites More sharing options...
Rob G Posted October 31, 2005 Report Share Posted October 31, 2005 I had something similar,told them to whistle.When your own doctor says you are fit to return to work you are ready,not a nurse working for the company.As dazza said is she in the union? if so get a claim form in against them,the union will have a solicitor who can sort this out. Quote Link to comment Share on other sites More sharing options...
Cranfield Posted October 31, 2005 Report Share Posted October 31, 2005 As has been said, she should seek legal advice regarding compensation for the original accident. Under the terms of her Contract of Employment, it is possible that her Employer has the right to insist that she is examined by the Company Doctor, or Nurse, if she has been absent for over a specific period of time. This condition is not unusual, if the Employee is receiving Sickness Benefit from the Company. Quote Link to comment Share on other sites More sharing options...
Rob G Posted October 31, 2005 Report Share Posted October 31, 2005 I'm afraid the company nurse,doctors work for the company they will say your fit. A few years ago i dislocated my shoulder,the hospital told me to keep it in a sling for 4 weeks my doctor signed me off for 6 weeks.After 3 weeks the company nurse contacted me to see if i would go in to be examined and see if i could do light dutys.I explained what the hospital had told me to do but she insisted.I told her what the hell good is a one armed man in a slaughterhouse,if she wanted to know when i would be returning to work contact my doctor. I've had a couple of accidents at work while using faulty equipment,if you can prove it was the companys fault then you have a good case to make a claim against them Quote Link to comment Share on other sites More sharing options...
old rooster Posted October 31, 2005 Author Report Share Posted October 31, 2005 As has been said, she should seek legal advice regarding compensation for the original accident. Under the terms of her Contract of Employment, it is possible that her Employer has the right to insist that she is examined by the Company Doctor, or Nurse, if she has been absent for over a specific period of time. This condition is not unusual, if the Employee is receiving Sickness Benefit from the Company. Surely if unable to get into work because of the pain resulting from the injury its unreasonable to ask her to visit the nurse ? particularly if signed off as unfit by a qualified GP ? Quote Link to comment Share on other sites More sharing options...
Cranfield Posted October 31, 2005 Report Share Posted October 31, 2005 If she is so incapacitated that she is unable to travel, the Company should be made aware of that fact. The Medical Certificate that they would have seen just states she is unfit for work, it gives no greater detail as to the extent of her incapacity. If 6 months after an accident she is unable to travel, then she should have consulted a Solicitor by now. Quote Link to comment Share on other sites More sharing options...
henry d Posted October 31, 2005 Report Share Posted October 31, 2005 Union and personal G.P. are the way forward as if you go and see the works O.H.nurse/doctor then you play into their hands. If your G.P. isn`t to be trusted,by your work at this stage then at a latter stage it will only make things worse. Quote Link to comment Share on other sites More sharing options...
wabbitbosher Posted November 1, 2005 Report Share Posted November 1, 2005 As has been said, she should seek legal advice regarding compensation for the original accident. Under the terms of her Contract of Employment, it is possible that her Employer has the right to insist that she is examined by the Company Doctor, or Nurse, if she has been absent for over a specific period of time. This condition is not unusual, if the Employee is receiving Sickness Benefit from the Company. Surely if unable to get into work because of the pain resulting from the injury its unreasonable to ask her to visit the nurse ? particularly if signed off as unfit by a qualified GP ? Find a "Good" solicitor one that is a personal injury specialist (Dont go for one of them No win No fee To####s, of course they want her back to work , if it was an injury at work they will want to do Anything to stop her claiming against the company Is she Northants? Quote Link to comment Share on other sites More sharing options...
High velocity Posted November 1, 2005 Report Share Posted November 1, 2005 (edited) Just to remind all and everyone who is reading this post.. If you have an accident at work it must be reported in the accident book. for your own benefit as well as the companys I hope your friend is not too uncomfortable, and gets better soon. Edited November 1, 2005 by High velocity Quote Link to comment Share on other sites More sharing options...
old rooster Posted November 1, 2005 Author Report Share Posted November 1, 2005 Thanks for all the advice guys, I've told her to get on to her union representative but apparently its not a very strong union (CWU ?). She reported the accident at the time and it was logged by the employer so at least we have the grounding for making a claim. Quote Link to comment Share on other sites More sharing options...
Axe Posted November 1, 2005 Report Share Posted November 1, 2005 The answers have got to be No and No. But just to add, I would suggest your friend stay from work until such time the GP signs her back. Doing otherwise may well prevent her from being able to take legal action against the company if she so wills. Quote Link to comment Share on other sites More sharing options...
Catamong Posted November 1, 2005 Report Share Posted November 1, 2005 O.R, In my opinion, the answers are Yes and Yes. As Cranners implied earlier, most Employers include a clause in the Employment contract that enables the company to appoint a Doctor (or Nurse) to ascertain for themselves the extent and effects of the injury, and if she is too ill to travel then that Doctor or Nurse should be allowed to make a home visit. Also, I believe that she would still be covered by the Employers Insurance as she is still an Employee, albeit on sick leave, and until such time as she resigns or is dismissed then she must surely be covered? I hope she gets well soon..!! Double H Quote Link to comment Share on other sites More sharing options...
Axe Posted November 1, 2005 Report Share Posted November 1, 2005 I guess the only real answer is to get legal advice. I had 18months signed off from work following an accident back in '95. I was informed that all the while I was signed off by the doctor I was not actually employed by the company. But then I did exceeed the 28 week period maybe this had something to do with it. Quote Link to comment Share on other sites More sharing options...
Lurch Posted November 1, 2005 Report Share Posted November 1, 2005 Axe is right to say seek proper advice. If persuing a claim then you would need to show negligence on part of the employer. Such as the machine was incorrectly maintained or the machine had been flagged as faulty, guards not fitted etc. The employer (and later on the employer's insurers) are perfectly within their rights to request their own medical exam. Quote Link to comment Share on other sites More sharing options...
Gemini Posted November 1, 2005 Report Share Posted November 1, 2005 Friend injured her back using faulty equipment at work nearly 6 months ago now, since then she has been off sick and has been signed off by her GP. Looks like the requirement has already been met. G.M. Quote Link to comment Share on other sites More sharing options...
old rooster Posted November 1, 2005 Author Report Share Posted November 1, 2005 Axe is right to say seek proper advice.If persuing a claim then you would need to show negligence on part of the employer. Such as the machine was incorrectly maintained or the machine had been flagged as faulty, guards not fitted etc. The employer (and later on the employer's insurers) are perfectly within their rights to request their own medical exam. She's not the only person to have been injured in this way due to faulty equipment, been in touch with a soulsister today so we'll see what happens next ! Quote Link to comment Share on other sites More sharing options...
henry d Posted November 1, 2005 Report Share Posted November 1, 2005 Well done,with the solicitor,mate.Being in the unfortunate position of being on the wrong end of a liar,I can say with some prior knowledge that if you can afford an expensive lawyer they are well worth it. Quote Link to comment Share on other sites More sharing options...
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