Injury at work, refused light duties return?

Munster

Free Member
Mar 30, 2014
2
0
51
Hi, I have a couple of issues that I need advice on.

History:
On 29 March 2013, I damaged my right knee, meniscus cartilage, whilst undertaking my employment duties. I've had an MRI scan, weeks of phsyio and an arthroscopy procedure in Dec 2013. On the advice of physio and in order not to do further damage, if been off on sick leave since 22 Sept 2013.

Current:
On my last consultant appointment in March 2014. He told me that the cartilage tear was inoperable and could eventually heal. I was not to over stress the knee, and I could return to light duties.

I have notified my HR to let them know that I can return to work on light duties in April 2014. My reply was that there were no vacancies for a role more suited for my rehabilitation. I know that my place of work have roles that are more suitable than my main role.

Is my employer not duty bound to find me a role more suited to aid my recovery, considering that it was an injury caused by my employment?

Possible health and safety issue:
At time of my injury. My working environment is of a limited space, a Mercedes Sprinter van. The rear hold of the van has an internal height of approx 5' 2", and consists of just an open floor. There is only one way in and out of the rear, via a narrow bulkhead door.

On the day of the injury, I had approx. total 500kgs of coin bags (about 60 bags) all over the van floor (no where else to put them). You have to manually handle them from the rear to the front of the van for delivery.

My issues are; I'm 5' 11" in height and had to be stooped and bent kneed during all manual handling operations, thus unable to follow proper manual handling guidance. There were also no shelving to place the coin bags on. Thus making you bend down to pick up/sort through the many bags. Also meaning that your feet are treading on other bags and getting tangled up. All this eventually led to my knee being stressed and twisting, resulting in the tear.

So, my health and safety complaint is, why they didn't issue a high roof line van, which you can stand up in the rear, for such a large quantity of bags. We have such vans available. Also, why theres no internal shelving to store the bags. Again, we have vans available with shelving in the rear.

I welcome opinions and advice, thanks.
 

Newchodge

Moderator
  • Business Listing
    Nov 8, 2012
    22,640
    8
    7,953
    Newcastle
    I suggest that you see a no win no fee personal injury lawyer as soon as possible.

    If you have a personal injury claim your employer would be stupid not to let you return on light duties, as part of your claim against them would be for lost earnings and they would want to limit that loss as much as possible.

    In the absence of a personal injury claim, their obligation to make changes to your role to cater for your rehabilitation only comes into play if you are suffering from a disability. That is, if you have a physical impairment that substantially affects your normal day to day activities and has lasted or is expected to last for at least a year.
     
    • Like
    Reactions: Munster
    Upvote 0

    Vectis

    Free Member
    Jun 10, 2012
    782
    203
    Isle of Wight
    ..................
    So, my health and safety complaint is, why they didn't issue a high roof line van, which you can stand up in the rear, for such a large quantity of bags. We have such vans available. Also, why theres no internal shelving to store the bags. Again, we have vans available with shelving in the rear.

    ..........


    These are questions you should be asking of your employer. I don't think anyone on here can answer why they didn't provide a higher roof van or why there were no shelves. Have you asked this?
     
    • Like
    Reactions: Munster
    Upvote 0

    Latest Articles