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 Post subject: work related advice.
PostPosted: Wed Aug 14, 2013 10:25 am 
Retro Guru
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Joined: Tue Aug 14, 2012 4:51 pm
Posts: 2277
Location: Llantwit Major
Right set the scene first. I'm agency staff for an outsourcing company. End of July I had a day off due too stomach bug then a couple of hours to go to A&E because my 13 week old son haf an allergic reaction to som formula milk. The the following week (Tuesday) had a problem with my ankle. It started, I thought, when I stepped awkwardly on it in the work carpark. In the 15 minutes it took to have a shower and get to my desk it got very painful and swollen. So I found a first aider and filled in the accident book at work. First aider said I should go to A&E to have it looked at. I said I'd need to ask my line manager as there was only two out of the 6 person team in. He said no there's not enough availability and because of my two occasions of absence the previous week he couldn't guarantee that I would have my job still. So in a LOT of pain I stayed. Got a lift home and went to bed dosed up on painkillers. It got worse overnight but due to my job being at risk I went to work. The swelling had spread from just my ankle to the top of my shins and calf. I made it to midday then decided enough wad enough and my job wasn't worth it. So went to A&E. By the time I'd been seen I had started to get blisters on my shin. It turns out I had cellulitis in my ankle and it was spreading. I spent 5 days in hospital being pumped full of several different antibiotics. I've been told I could claim back lost earnings as well as lodge a formal complaint in regards to my line manager. How do I go about doing either of these? What repercussions could there be? My current job isn't so important as the outsourcing company have lost the contract I work on so I'm unemployed as of the 2nd september.


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 Post subject: Re: work related advice.
PostPosted: Wed Aug 14, 2013 10:37 am 
Retro Guru
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Joined: Tue Aug 14, 2012 4:51 pm
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Location: Llantwit Major
Forgot to mention I was signed off for a week after I came out of hospital and the DR who looked at me said I'd have been in and out had I gone on the Tuesday. I wouldn't have needes to be in for so long.


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 Post subject: Re: work related advice.
PostPosted: Wed Aug 14, 2013 10:47 am 
Dirt Disciple

Joined: Sat May 04, 2013 9:32 pm
Posts: 84
Location: Leeds, West Yorkshire
I too were agency staff not so long ago and I'd say you don't have a leg to stand on (sorry :)) maybe you could claim for the day you were in hospital as you started the shift but I'm guessing you may be out of a job quicker than you think and probably no sick pay too as it's agency work which isn't guaranteed from day to day.


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 Post subject: Re: work related advice.
PostPosted: Wed Aug 14, 2013 11:05 am 
retrobike rider
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Joined: Sun Dec 18, 2011 10:42 pm
Posts: 2189
Location: milton keynes
prove that your line manager said you cant go to hospital or indeed that conversation even took place. that's what a tribunal would ask for.
under riddor your company is responsible for reporting that to the hse as you had an injury at work that laid you off for more than 7 days consecutively.
as far as a compo claim goes, try one of the ambulance chaser companies they may help but again, proof is whats needed, not proof that the injury happened but proof that your company didn't follow riddor and breached the health and safety at work act 1974 by not protecting the health (giving you time to get a professional medical assessment) of its employee (you) and allowing you to work whislt incapacitated due to an injury. (but the burden of proof lays with you, bear that in mind)
anyway heres a snippet from our friends the HSE.
"Over-seven-day injuries

As of 6 April 2012, the over-three-day reporting requirement for people injured at work changed to more than seven days.

Now you only have to report injuries that lead to an employee or self-employed person being away from work, or unable to perform their normal work duties, for more than seven consecutive days as the result of an occupational accident or injury (not counting the day of the accident but including weekends and rest days). The report must be made within 15 days of the accident.

Over-three-day injuries

You must still keep a record of the accident if the worker has been incapacitated for more than three consecutive days. If you are an employer, who must keep an accident book under the Social Security (Claims and Payments) Regulations 1979, that record will be enough."


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 Post subject: Re: work related advice.
PostPosted: Wed Aug 14, 2013 11:34 am 
Retro Guru
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Joined: Tue Aug 14, 2012 4:51 pm
Posts: 2277
Location: Llantwit Major
The problem I have is that the awkward step didn't cause the cellulitis. That was an infection that came from somewhere else but neither myself of the Dr's know exactly where.


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 Post subject: Re: work related advice.
PostPosted: Wed Aug 14, 2013 11:42 am 
retrobike rider
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Joined: Sun Dec 18, 2011 10:42 pm
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Location: milton keynes
then the company are not liable, they didnt cause the injury/disease, nor did their working practices and without looking at any contract of employment I would imagine as you are not an employee of theirs, they were under no obligation to allow you to take time off work to attend to your medical complaint, you had the option unless you were there against your will! and infact actually told you up front that if you do take time off that your position could be reviewed. they didn't need to do that bit and I would also suggest they did you a favor by informing you as such.
sorry bud but it looks like its one of those things.


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 Post subject: Re: work related advice.
PostPosted: Wed Aug 14, 2013 2:15 pm 
Old School Grand Master
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Joined: Fri May 01, 2009 7:11 pm
Posts: 8479
Location: Fircombe.
Welcome back to 1911...
:roll:


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 Post subject: Re: work related advice.
PostPosted: Wed Aug 14, 2013 11:47 pm 
Old School Grand Master
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Joined: Sun Sep 05, 2010 1:10 am
Posts: 4756
Location: Heathfield, East Sussex
...also, once you get Cellulitis you're stuck with it; they can pump you full of drugs (1000mg of Penicillin three times a day in my case; did I mention I'm now allergic to Penicillin? :shock: ) but it never goes away!

One of the reasons I get a constant barracking about my weight from SWMBO; she's seen enough ulcerated legs to last a lifetime and doesn't want me to end up in the same boat :?


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