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Benefits advice please


poontang
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Good luck with it Poontang. :good:

 

If you need a bed bath, hand relief or your bottom wiping I will send Mungler round.

 

The arm looks painful, but why are you wearing a basque :hmm: :hmm: :P :P

Don't think it's a basque Matt, pretty sure it's a boob tube. Must mean the hormone therapy is beginning to take effect!!

 

Potter

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My boss was pretty apologetic but they just don't have a policy that covers illness/injury.

I don't know many small businesses that do nowadays. I think the **** was kicked out of it years ago. <_<

 

I thought all employers were required to have insurance?

 

If you've been injured at work doing your job then that isn't a claim of 'illness'- its an accident. If you cannot work following that accident then your employer should be able to claim on his public liability(i think?)insurance. Theres a big difference between "I've got a bad tummy can't be ***** coming in and can skive it on a self cert for a few days" to "my arm has been injured at work due to something not within my control and I can no longer do my job". Your employer is responsible for your wellbeing during your working time and as long as you haven't been a **** and arsing about they have a duty to look after you subsequently.

 

I hate the ambulance chasing culture we have become but it sounds like you have a legimtimate claim against your employer, and he against whoever else may have been involved.

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Is there any way your boss can find a job that you can do with a bad arm so you can get back to work sooner?

 

I have spoken to him about that option.

 

The problem is I work in a joinery shop as a wood finisher/sprayer. It's probably the 'lightest' work there is, even though it's still quite physical. He suggested that when I do return he'll employ someone specifically to do the heavy work so I can concentrate on the lighter stuff until I can build up the strength in my arm.

 

I'm 100% 'right sided' I can't write with my left hand, and fall over if I try to kick a ball with my left foot :o

I want to get back asap but I've got to be really careful. If I try to rush the physio and the tendon detaches again it's very difficult to re-do the operation. :/

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Similar thing happened to my mate many years ago, talking 25 years.....basically did the same but the other end came away. He went to the personnel dept as he worked in a big distribution warehouse, they said he had caused the injury outside work as he did a lot of weights etc. :angry:

He just left it to heal, the tendon rejoined lower down the bone and he still has a shorter, bulging bicep! As stated this was a long time ago, thankfully we have much better laws these days to protect us, but do bear in mind that your bosses may well look for reasons to pass the book/cover their botties..... :no:

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Go to CAB - or google info on web (e.g www.direct.gov.uk/en/employment/healthandsafetyatwork/dg_10026579) - there are also some online benefit calculators - number of benefits need to look at and lot depends on how long you will be off, need to look at:

 

Employment Support Allownace (although assume your employer will be paying as a minumum SSP or in depedending on your contract - sick pay)

 

Housing benefits/council tax benefits - paid if on low income

 

working tax credits (do you have dependent children?)

 

Industrial injuries benefit - this is paid by DWP not employer - need to complete acident declaration form and cllaim form - if assessed as 14% or more disabled - recieve circa £20 per week - worth looking at this - lot of people do not claim this - can claim this even if you are working

 

Try DLA but you need to have long term disability (several months) to claim

 

As I say try web or CAB - noticed you live in Colchester - CAB are good there and try council - think they still have welfare rights

 

(as already suggested you may also want to consult solictor - re: compensation - but lot of people dont do this if for example working for small empolyer - dont want to create prolems at work etc)

 

Hope thhis helps

Edited by garjo
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poontang, thats a crappy thing to happen. I hope you get it fixed soon.

 

I always think its a bit unfair that if you worked for the council they would probably cover everything etc. whilst those of us in the private sector are left to sort things out on our own.

 

setting aside the ssp.

 

was you employer at fault?

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was you employer at fault?

 

That's the magic question.

 

That being said I've seen plenty of clients where they might answer that question 'no' but there is nonetheless legal liability and responsibility on the part of the employer and they just didn't know it / couldn't see it.

 

Well funny how the no win no fee personal injury lawyers get a daily knocking but here we have a thread full of helpful suggestions like 'go and see a lawyer'.

 

Jerry, a potential claim like this ain't my bag but I do know a man who does and who does properly (such that I would recommend him).

 

In the meantime check all your insurance policies including home contents to see if you have legal expenses protection. Incidentally don't see any lawyer recommended by your legal expense insurers or off their panel unless you like / rate them. There's an awful lot that just aren't all that....

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That is indeed the other magic question :lol:

 

Most businesses take a claim personally even though it goes through insurers - it's non refundable management time, payment of an excess, increased future premiums and good old fashioned criticism that goes down like a cold cup of sick.

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I cant say what your entitled too but what I can say is , your gonna be in for a lot of pain .

I cut through my tendon on my thumb and had to have it sewn back together.Ater a lot of pulling and tugging at the tendon and it snapping once again he finaly had me put right after about an hour.

The hospital give me some painkillers and sent me home , 2am that morning I was up being sick with the pain after the initial pain killers had worn off . The prescribed pain killers did nothing and so had to cal out the doc , who give me a shot of morphine and a prescription for oramorph.

Never felt pain like it . But the oramorph worked a treat and it made me realise why people end up as addicts .

I used what I had to and poured the rest down the drain.

Daz

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I cant say what your entitled too but what I can say is , your gonna be in for a lot of pain .

I cut through my tendon on my thumb and had to have it sewn back together.Ater a lot of pulling and tugging at the tendon and it snapping once again he finaly had me put right after about an hour.

The hospital give me some painkillers and sent me home , 2am that morning I was up being sick with the pain after the initial pain killers had worn off . The prescribed pain killers did nothing and so had to cal out the doc , who give me a shot of morphine and a prescription for oramorph.

Never felt pain like it . But the oramorph worked a treat and it made me realise why people end up as addicts .

I used what I had to and poured the rest down the drain.

Daz

 

Thanks for that :o :lol: :lol:

 

You're right though, I knew it was serious the second it happened.

 

The tendon tore away from the bone, and the immediate pain was on another level. It actually made me feel physically sick. It still smarts a bit now, over a week later. :sly:

 

The consultant explained the op to me when I saw him on Wednesday. They're going to drill into the bone and re-attach the tendon with screws. He did say it would be 'sore' for a while!! :blink:

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I had an industrial accident back in 2005, and it is absolutely imperative that the paper work trail is perfect. If there is one little thing amiss about your doctors notes you will be stuffed. To get your loss of earnings you will have to go down the injury lawyer route. As someone has pointed out, in essence its simply a claim against the companies insurance exactly like a car insurance claim. Ill also point out that any sickness benefits you receive will be knocked off your claim amount and while you are on statutory sick pay your NI contributions are NOT getting paid, so you will have a shortfall for that amount of time you are on it. You will receive a letter from HMRC at some point after giving you the option to pay it back and a big time limit to do so. When It comes to benefits GO TO THE CAB, I cant stress that enough and GO NOW, there are time constraints with certain things and back-pay limits. They will go through your situation and tell you what you can and cant get.

 

Ill tell this this now, If you have never dealt with benefits or lawyers before, you are about to find out what a stupid and horrible system it all is :)

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Its quite amazing how hard it can be to do things with one hand I found that out when I fell and broke my left wrist thank god I am right handed and have an automatic car so I was able to get one of those balls that you fix to the steering wheel and I could drive ok.

 

Having said that I used to have a chap living next door to me how had lost the use of one of his arms and believe it or not his hobby was repairing cars quite amazing what he could do with just one hand.

 

One thing I said that I would do when my wrist was working again was to learn how to use my left had better so that if I ever had problems with my right hand I could still get by but in the end all that I have managed to do is use my computer mouse with it.

 

 

As has been said go and see your local c.a.b they will be able to point you in the rite direction to get what help you are entitled to.

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At the end of the day it was an ACCIDENT

 

nobody's fault but I would have though a duty of care towards his employees would help,

 

any threats of anything towards the employer will lead eventually to the exit.

 

Take it from one who knows, mega payouts for non after care damages are in cuckoo land.

 

:shaun:

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There's no way I'm taking him to court.

 

He's a decent bloke, and I like my job, unfortunately like many small businesses nowadays he doesn't have a sickness/injury policy. It mentions it in the contract that I signed.

 

Trust me I know the difference between a good boss and bad one. :yes:

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