Should I put in a claim???

angelface2008

Im a college educated Horticulturist and Im going to try to cut a long story short here but I dont think its really possible..back in april I injured my shoulder while lifting a heavy weight from a height,no manual handling training given 18 months into the job..went to doc and physio and have a rotator cuff injury,off work for five weeks on pain meds and weekly physio,under pressure to go back even though my doc and physio said I couldnt lift from overhead or do any strenous work I stupidly went back.Had assistance for the first week back,however on the busiest day of my job they took the help away and I had to do heavy work alone,that night my shoulder and neck siezed up and I had to take the next day off,returned for the bank holiday and I was given a young guy to help with the heavy stuff,the nature of my job is such that last weekend was the busiest weekend of the year,I worked so hard and was in pain with certain movements the whole time(since this injury has occured I cant let my kids hold that hand because they naturally swing it,or put that arm around them,I cant get dressed without pain,or dry my hair,driving hurts as my gear stick is in a high position)When I was leaving on monday one of the managers verbally attacked me and belittled me in front of all the younger staff,I lost it and had to sit in my car for ten mins before I was calm enough to drive.It was then I decided enough is enough,the new managers have been treating all the staff like crap(they only started when I was off) and the way they spoke down to everyone on a day to day basis was horrible,as my job requires college education all my family had been advising me to leave when I had a new job lined up but after he humilitated me I felt enough was enough,the staff who witnessed it are all in their late teens,early twentys and his confrontation with me was all over Bebo that night.I decided to just hand in my notice and be broke but happy.When I returned to work the store manager who hadnt been on at the weekend called me in to the office,when I told him I was still in pain he said if he had been on at the weekend and seen my doc n physio note he wouldnt have allowed me to work,I then handed him my notice and explained how I had been treated and while explaining how I felt I had a panic attack!Havent had one in years,he was very nice and got me tea,calmed me down,advised me to go docs for something to calm down and said he could see how much pain Im in,went to docs,she sedated me and told me to go to solicitor asap but docs note only covers me for one week,I still have to work one week and the thoughts of that makes me weak and my heart beats funny,if that manager even looks at me I think I will crack,had three panic attacks yesterday and two today,I feel Im on the edge now have no money coming in and dont know what to do???sorry,I knew once I started I wouldnt stop and believe it or not that is the short story..the long one is much much worse

copacetic

firstly tidy up your post a bit so people can read it, very hard to read a big block of text like that and people won't bother.

angelface2008

sorry I was just trying to give all the details

RedXIV

angelface2008 wrote: »

Im going to try to cut a long story short here but I dont think its really possible..back in april I injured my shoulder while lifting a heavy weight from a height,no manual handling training given 18 months into the job..went to doc and physio and have a rotator cuff injury,off work for five weeks on pain meds and weekly physio,under pressure to go back even though my doc and physio said I couldnt lift from overhead or do any strenous work I stupidly went back.

Had assistance for the first week back,however on the busiest day of my job they took the help away and I had to do heavy work alone,that night my shoulder and neck siezed up and I had to take the next day off,returned for the bank holiday and I was given a young guy to help with the heavy stuff,the nature of my job is such that last weekend was the busiest weekend of the year,I worked so hard and was in pain with certain movements the whole time(since this injury has occured I cant let my kids hold that hand because they naturally swing it,or put that arm around them,I cant get dressed without pain,or dry my hair,driving hurts as my gear stick is in a high position)

When I was leaving on monday one of the managers verbally attacked me and belittled me in front of all the younger staff,I lost it and had to sit in my car for ten mins before I was calm enough to drive.It was then I decided enough is enough,the new managers have been treating all the staff like crap(they only started when I was off) and the way they spoke down to everyone on a day to day basis was horrible,as my job requires college education all my family had been advising me to leave when I had a new job lined up but after he humilitated me I felt enough was enough,the staff who witnessed it are all in their late teens,early twentys and his confrontation with me was all over Bebo that night.

I decided to just hand in my notice and be broke but happy.When I returned to work the store manager who hadnt been on at the weekend called me in to the office,when I told him I was still in pain he said if he had been on at the weekend and seen my doc n physio note he wouldnt have allowed me to work,I then handed him my notice and explained how I had been treated and while explaining how I felt I had a panic attack!

Havent had one in years,he was very nice and got me tea,calmed me down,advised me to go docs for something to calm down and said he could see how much pain Im in,went to docs,she sedated me and told me to go to solicitor asap but docs note only covers me for one week,I still have to work one week and the thoughts of that makes me weak and my heart beats funny,if that manager even looks at me I think I will crack,had three panic attacks yesterday and two today,I feel Im on the edge now have no money coming in and dont know what to do???

sorry,I knew once I started I wouldnt stop and believe it or not that is the short story..the long one is much much worse

^for others to read.

Ok lass, unless you feel fully sure that your situation is going to improve in this company, you need to leave. now. I had a problem with one of my hands seizing up in the cold while i worked in a freezer and first i was given gloves, then a jacket as well and then i was moved away to a different area. THAT, in my book was good treatment. You suffered serious pain in work. They are obligied to cover that. There are loads of people who, in that situation, would be looking for compensation already.

My advice is to keep an eye out for other jobs and as soon as you can get one, grab it.

(my 1000th post, hope its worth something )

angelface2008

Ok so copactecic,I hurt my shoulder on the job,am paying a fortune on physio,am losing a fortune on wages,am being intimidated and shouted at on the job am now feeling on the edge of a nervous breakdown,is that better?

copacetic

angelface2008 wrote: »

Ok so.I hurt my shoulder on the job,am paying a fortune on physio,am losing a fortune on wages,am being intimidated and shouted at on the job am now feeling on the edge of a nervous breakdown,is that better?

I didn't mean shorten it, just lay it out better like red did for you, much more likely that people will read it in that format.

angelface2008

Im not used to using the boards only post for silly things,pets etc I just wanted to get part of the story across,my head is wrecked,thanks

RedXIV

angelface2008 wrote: »

Ok so copactecic,I hurt my shoulder on the job,am paying a fortune on physio,am losing a fortune on wages,am being intimidated and shouted at on the job am now feeling on the edge of a nervous breakdown,is that better?

OK, missed one or two things in my first read.

You've handed in your notice. If your hurt, ON the job, Without training, especially with heavy lifting and being female, there are legal routes you can take. It came up here before that the amount women were allowed carry by themselves is ridiculously low so get your facts together, get to a solictor, and have a chat.

As far as the week of work is going. Don't stress yourself. Your leaving anyway so you don't have to be employee of the month. Unless you think their reference is going to make or break your job hunting, i'd say be as lazy as you like.

As far as the manager is concerned, believe in karma. trust me. people who treat the inferiors like sh1t always get whats coming

angelface2008

Thanks red and Im sorry for the big long original post just wanted to get it all out,he said at the moment he doesnt want to discuss me leaving until I have gone to docs,take a few days off and look after my mental health,he is being great its his under dogs that are causing the problems,Im due back on tuesday but I seriously think if I see the manager who abused and humiliated me I will prob be done for assault or something and thats not in my nature,going to see a solicitor monday cause its a big irish company with no union and Im down €1500 already,as a seperated mother of two I cant handle that,Im probably going to have to apply for Lone parents or something now cause their dad pays me 100 maintenance but sure where will that get me?Im paying 55 a week physio

RedXIV

Keep working with the store manager so. If you like dealing with him, deal with him and him alone. Also, he's probably being so considerate because he knows pretty well you're legal options.

I'm not too familiar with the benefits side of things but i think if you know any benefits your entitled to, take them.

I'd like to give you better advice lass, but I simply don't know enough. The solicitor on monday is your best bet. I will say though that maybe writing out everything you can think of that is relevant for the solictor to look through. If you wait and try to recite from memory on the day, you may forget a few things.
Best of luck lass

Red

angelface2008

thanks red,I have everything written down,I have every letter photocopied,and witnesses to each incident,there were a few I didnt mention,I didnt want to sue because as far as I knew it would 'blacken'you when it came to future employment?but my doc keeps tellin me to get legal advise but sure Il see what the solicitior says on monday and Il visit the social welfare insp and tell her everything too,I cant support two kids on €100,Id rather work but because of whats happened physically I cant use my arm and mentally at the min Im 'fragile'.Id rather be broke and happy

RedXIV

Keep me posted, If i can help in some way i will.

Wish ya all the best in that

Jo King

A large claim is the only thing to do. Having a name blackened is only relevant if you can work. It looks as if you are going to be out of work for quite some time.
Look at the case report of Walker v Northumberland County Council [1995] IRLR 35.You suffered injury which could have been avoided and then on your return your employer aggravated it. I hope you have a good competent solicitor. There should be a very large settlement in this case.

eth0_

Surely if you went to horticulture college you were taught how to lift things without injuring yourself....?

Borzoi

eth0_ wrote: »

Surely if you went to horticulture college you were taught how to lift things without injuring yourself....?

Doesn't matter - if manual handling is part of the job, Health & Safety requires that the employee be given manual handling courses - in order to prevent what happened to the OP. After all different companies have different requirements and procedures

RedXIV

Borzoi wrote: »

Doesn't matter - if manual handling is part of the job, Health & Safety requires that the employee be given manual handling courses - in order to prevent what happened to the OP. After all different companies have different requirements and procedures

Bingo. If ya join tesco you have to sit through 7 damn hours of videos which involve how to lift stuff

granturismo

eth0_ wrote: »

Surely if you went to horticulture college you were taught how to lift things without injuring yourself....?

Wrong - the 2007 Safety, Health & Welfare at Work (General Application) Regulations require the current employer to ensure specific HSA requirements are met.

Borzoi wrote: »

Doesn't matter - if manual handling is part of the job, Health & Safety requires that the employee be given manual handling courses ... After all different companies have different requirements and procedures

Correct.

angelface2008 wrote: »

Id rather be broke and happy

Its your choice how to proceed with this.

I think you should approach management, possibly the store manager you dealt with here 'calmed me down,advised me to go docs for something to calm down' and ask him to pay your medical bills to date. However, his advice to get sedated was completely inappropriate.

No manual handling training with records of attendance and copies of trainers certificate significantly reduces an employer's defence. There may be a case for contributory negligence because you continued to lift but thats for a solicitor to decide - but then you are alleging bullying at the same time.

mountainyman

I wouldn't bother talking to the comany I would go staright to a lawyer.
[1] You have them bang to rights on the injury
[2] Bullying

the_syco

angelface2008 wrote: »

I didnt want to sue because as far as I knew it would 'blacken'you when it came to future employment?

Trust me lass, you get this sorted now, or you won't have to worry about that, cos you won't be able to operate full stop.

Stop thinking about €55 a week, and start thinking about €2860 a year. My understanding of this is, depending on how severe you're damaged/hurt, treatment can take a while.

Remember: you're number uno.