Light duties......and return to work

Sheena

Thanks for that my understanding has always been 3 working day injury is RIDDOR reportable. Or if at any time unconcious or conveyed from site in an ambulance.
In any case it is a workplace accident or a near miss and should have been reported due to the damaged walkway.

Barry

Hi Barry

Yes the accident was at work back in 2007 Iwas on a trining course at another office
I had a fall due to broken walkway and fell and hit my head not sure if knocked out but was in shock and crying. When found I was helped into my car and I drove home. I know but I did not realise my injury was so bad.

The next day not realising the extent of my injury thinking I had a bump and I had injured my back I went into work to complete the forms thinking if I felt bad I would go home.

After about an hour I got up to speak to my manager and apparently swayed like a drunk again not realising the seriousness when told to go to the hospital and drove myself there. I know.

Long and short of it was I was not allowed to leave the hospital until someone collected both me and my car and I was off sick for a few months a the head injury which may explain my actions was worse than I thought.

On my return to work well a few months later I found out that the department dealing with these issues knew nothing about me being off sick let alone it was a RIDDOR injury.

On checking with HSE found never reported by my manager to anyone as per our instructions. I complained to HSE who replied to my manager in writing and to me verbally that as I had returned to work on the Friday RIDDOR was not appropriate I complained but got nowhere

Hello Sheena

Was the injury at work?


Barry

Hi Barry
Unfortunately this is not always the case as I know to my detriment.

I had the acident on the Thursday evening and reported for work Friday just to complete the paperwork due to a problem I was sent to hospital and did not return to work for quite a while.

On my return found out my manager had done none of the correct paperwork including RIDDOR however on investigation HSE states that as I had reported for work on the Friday it did not meet the requirement to report under RIDDOR

N Mercer - Hope that was not a dig at me as I had no axe to grind either!!

I completely agree with Phil and Sheila. Mel I was only trying to offer advise the same as everyone else. Why is it that there is always somebody that looks for an ulterior motive?

If she can do 50% of her role it sounds like she could do something worth while on a staged return. I hope that works out as its better all round than her sitting at home if she wants to return.

It was reported and investigated..................none taken Phil and thanks I undertstand where you are coming from.

Light duties for her job are pretty limiting I'm afraid as her job requires the lifting and moving of a few boxes (3 or 4) but can be stored in awkward places which is out of our control as we are a concession company and where supermarkets store our stock is not down to us. She can carry out 50% of her job with no problem, iam waiting for the RTWI paperwrok to come abck and ses where we are from there.....

Sheena

It would be RIDDOR as it is a more than three day injury.

Barry

I would have thought the best thing to do was allow her to come back to work on light duties. I am sure that there must be some work that she can do across the spectrum of the business which would relieve others in the short term. Or get her to do 50% of her work and send her home on gardening leave for the rest of the time as I can assure you that if she is already taking action it will be much worse if you are seen to abuse her through an injury at work.

I know this may seem a stupid question to some but was a full investigation done and was this RIDDOR and was it reported?

Make sure this has all been done or as Phil states this could be setting you up to take the fall.

Mel, my intention was to warn yo to be careful on what you say in a public forum, no axe to grind, just that as a consultant I am sometimes called in to deal with a situation, and what I sometimes see is middle/higher managers scapegoating, and finding any sort of ammunition possible to save their own ass.

Please don't take it as an insult.

Hello

About to go off on a tangent here, if someone is injured at work and there is nil entitlement to sick or injury pay it almost is odds on that they will make a claim as they still have bills to pay.
I have always thought that sick pay and injury pay are different and of course if the injury goes on longer than a year they will be disabled.

Any thoughts on this folks.

Barry

Thanks NM.....I'm only doing the H&S side of things and am not in HR or management.....and was only trying to find the best thing to do......hey ho

will post an update once I find out......

thanks again

M

No need to apologise, Mel. You're the only one who really knows what it's like trying to manage this situation. I think some of the others have axes to grind, looking at their history of posts.

I'd be interested to know what advice your employment lawyer gives.

NM

I amsorry if I have caused offence and did not word this correctly.....
We have now passed this on to our Employment law solicitor.......who came intot he office yesterday and was made aware of the facts.

Thank you though.

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This post has been removed because it contravened our guidelines.

Sorry... I meant agree with Carole.

Hi Mel.

I'm afraid I have to agree with Mel on this, and you have also come onto a public forum and stated that your employee is"pulling a fast one".

All too often I have seen "managers" taking a very unprofessional attitude, which is usually because of their work peers having a bad attitude, together with a lack of training and a bad company ethic.

Be careful, I know of higher management that like that set-up, as they can "take down" (and I have heard that phrase used in a boardroom) lower management to save face of higher management - all smoke and mirrors.

Best thing to do is remain calm and professional at all times, and make sure you always deliver facts, not hearsay.

I am finding it difficult to understand how somebody who hurt their leg on your premises is now going to be expected to accept a 50% reduction in her job because she has asked, or should I say her GP has asked that she should come back on light duties for awhile.

Frankly I think you need to start with a bit of a change in attitude or you are going to find yourselves in a spot of trouble. She is under no obligation to accept anything along the lines of a job-share and you as an employer need to think about making reasonable adjustments to accommodate her return to work until she is able to do her job.

If she has proof she hurt herself at work you need to start treading a bit more carefully regardless as to if you think she is now "pulling a fast one". Frankly I dont understand your attitude - surely its better she comes back on reduced hours for a short while before commencing full duties rather than staying off sick completely? That is the norm when somebody has been off sick for a couple of months. A tribunal may question your motives.

Hi
thanks for replying, we are going to see if she will accept a job share with either another worker locally who works for us or a temp, it will mean she loses out money wise as will only be doing half the hours to enable her to be able to carry the job out.....she is pulling a fast one but we have to be so careful how things are worded, very difficult to control when not done at HO

If we offered the option of staying off sick your right there would be no incentive to come back to work.....will see how things pan out after the meeting tomo.

Thanks again

Mel

Hello Mel

The fit note is advisory and not binding on the employer, so if you think it's not feasible to have this person back doing light duties, she can be asked to remain on sick leave.

Having said that, it would be good to have a discussion with her about how realistic light duties would be, and give consideration to any suggestions she comes up with, before making a final decision.

Don't be tempted to keep her on sick leave just because she's 'awkward', as this may play into her hands. You need to demonstrate that you're a reasonable employer.

Good luck

NM

HI
we have an employee who is wanting to return to work after being absent with a sprained knee from late January, this was done at work.
Her Dr has advised she come back on light duties but the nature of the job does not really allow for any light duties................If we cannot supply these to her am I right in thinking she has to be signed off again on SSP (we do not pay sick). We will carry out the return to work interview and her risk assessment but she is being awkward and is also currently pursuing a claim against us....................
Best advice please, the interview is for tomo so advice today would be good........

Many thanks

Mel