company doctor says that i can still carry out full workload with back injury

LegacyUser

Apologies in advance for the long post.
I am a 27 year old female and i have worked for a large company for the last 9 years. The majority of work is fairly physical and involves a large element of lifting, pulling and dragging of heavy items.

2 years ago, I was involved in an accident while on work duty. Work duty takes the employees out of the main company building and all over the city and it was while I was working in the city that the accident happened. Although the accident happened while I was on duty, it was due to the negligence of a third party. Before the accident, i loved my job and never had any work issues. I suffered a back injury which has been causing me a lot of pain and trouble since. I have been in and out of work periodically- all of the lifting etc would make my pain gradually worse until it was so acute that I would have to take time off until it got a bit better only to go back and gradually get worse again.

I originally saw the company doctor (whose main job is to get people back to work) about 4 months after the accident. The consultation was about 5 minutes long and the only examination carried out was a test of reflexes and range of movement. He signed me back on to work, saying I was fit and able, despite my own protests. I have seen the occupational health nurse a number of times and she maintains that the company have a duty of care to me and that they should provide me with a duty that doesn't involve lifting, my own gp recently told me that my problem will never get completely better and I will always be in some amount of pain but that this can be minimized (ie to the point where I am functional) by avoiding heavy lifting. He could not believe that my company will not provide a non lifting duty for me and says that it sounds like they are just trying to get rid of me. He has advised me not to lift anything.

Having been absent for the last few weeks again, I saw the health nurse and told her what my gp had said. She reiterated that the company should provide a restricted duty for me. However, I again had to see the company doctor yesterday who told me in no uncertain terms that I would have to return to full operational duty or else resign (ie i am not allowed any more sick leave) He said that back pain is NOT an injury that prevents a full work load. I told him that my pain more than doubles (to the point where I can hardly move) after heavy physical work and his response was that I should be able to do the work and become accustomed to the pain and deal with it. He has again signed me back on to full duty. I cannot believe that a man who sees me for a few minutes with little examination is able to overwrite my own gp who has been giving me ongoing treatment for the last 2 years. I don't think that I should be forced to work to the point of incapacity for a company who have provided no support to me after an accident that happened while I was on the clock working for them.

I am very disillusioned by this. I am not unwilling to work, I am just unable to do the work that they want me to do. There are lighter duties available within the company. I know that the accident was due to third party negligence but it still happened while in the course of my own work and so the company have some duty of care. Have I any rights regarding this? I do not want to resign from what is a good stable job.

TlDr- I had an accident while on duty at work that caused a severe back injury, company are now saying that I cannot take any more sick leave and must return to work or resign.

Bandana boy

In fairness to the company from their point of view ,you can longer do the job you were hired to do.
At this point it is there decision on whether or not you are suitable/capable for a different position, if they deem not and you cannot do your job they should not be expected to continue paying you for nothing.
It looks to me that you will have to move on and find a different career

seamus

I don't know that the company have to provide you with alternative work, but I would speak to NERA to see what your rights are.

The behaviour of the doctor is despicable, assuming that you're being honest about his behaviour. As a medical practitioner his primary duty is to the patient, not to the company. All he has to be is impartial and assess your condition honestly.

If his behaviour really has been as you describe, then I would recommend making a complaint to the Irish Medical Council for failure to examine/assess you adequately. This complaint is a private matter and has no bearing on your work.

LowKeyReturn

Firstly in the cold light of day there are two things that need to be cleared up;

(i) Back pain isn't a reason for light duty - the best thing for a bad back (under medical supervision) is to get on with things and manage the pain. That said we've two doctors with competing interests. On the one hand keeping the company happy and your doctor trying to keep you happy.

(ii) it may be that you are no longer fit for the job at which point you may have to be terminated. DO NOT RESIGN unless your doctor tells you to for the good of your health or a solicitor advises you.

Have you engaged a solicitor in regard to the initial accident? If not it really is time to go and have a chat with someone. Its a function of tort law to sort this stuff out not an employer, I don't mean to sound harsh, just objective. If you lose your job due to being unable to work then it will be up to the third party, or their insurance to compensate you.

Keep a log and get as much as you can in writing from your doctor, their doctor and your employer. Complain as above to the medical council isn't a bad idea but bear in mind you are in pain and may not be the best judge. That said it's up to the IMC to make an impartial finding.

If it turns out that you do have back problems that have been misdiagnosed by the work doctor then a solicitor will be of further help there.

TL;DR Solicitor time.

Wanderer2010

It depends on the type of injury you have as to how much and what type of work you can do. Certainly some back pain is improved by light exercise and somewhat moderate lifting but not all- its a very complex thing, the back, and can be made worse by certain positions or movements and this is something the company doctor should appreciate but in most cases they dont care and are on the side of the company (get you back to full duty asap). You say there are lighter duties available, where is your manager in all this? Have you asked him/her for these duties and explained that your own GPs diagnosis conflicts with the company doctor? The company doctor cant force you to resign over this issue, he only sees you for a few mins every few weeks!

You need to explain the situation to your manager and as far as I know, if lighter duties are available they have to provide them. If he/she says theres a conflict between the 2 doctors go to HR and calmy outline the facts and how upset you are that you seem to be treated with such haste and if you need to invoke the grievance procedure. Have you a union rep? If so go to them and state your case if HR dont satisfy you. All failing, contact a solicitor and ask for advice in conjuction with NERA. Dont let one ignorant company doctor decide your fate on such an important part of your life.

angeline

I would simply make an appointment with a solicitor asap. Have all your medical reports from your own doctor.

Morte

This sounds very worrying. The company does have a duty of care towards you not to exacerbate the injury. A case like this should be setting alarm bells ringing for them that it could result in a hefty lawsuit from you if you further damage your back. It should also be setting alarm bells ringing for the company doctor that the company could end up suing him for negligence for telling them you should resume your duties. Back pain cases would generally be hard to disprove even when they're false. Possibly it may be a sign that you should recover (yay!) but I wouldn't bet on it.

You've received conflicting advice from the company doctor against that of two other health professionals. I would ask to be referred by your gp to a specialist in the area. Is the company doctor a specialist? A legally minded employer would send you to a specialist themselves to cover their own ass. You could explain to your employer and ask them to pay but it doesn't sound like they might be helpful.

I think it would be worthwhile to get the ball rolling on legal advice as well, even before the specialist's report comes in. You will have to pay but this isn't something I'd want any delay on so knowing your options in advance would be good. If you have a union they may be able to help you with this.

Sadly, this may not have a happy ending (unless the company doctor is right). I can't see them being required to provide you with light duties if there are none available or they deem you unsuitable. Are they supposed to fire someone else to give you the job? Hopefully they can but bear in mind that going down this road may result in you losing your job. Still a vastly more favourable outcome than permanently destroying your back at the age of 27 :eek:. I know times are tough but no wages or compensation are worth that. Get this sorted as soon as you can.

the_syco

badbackmandy wrote: »

However, I again had to see the company doctor yesterday who told me in no uncertain terms that I would have to return to full operational duty or else resign (ie i am not allowed any more sick leave) He said that back pain is NOT an injury that prevents a full work load. I told him that my pain more than doubles (to the point where I can hardly move) after heavy physical work and his response was that I should be able to do the work and become accustomed to the pain and deal with it. He has again signed me back on to full duty. I cannot believe that a man who sees me for a few minutes with little examination is able to overwrite my own gp who has been giving me ongoing treatment for the last 2 years. I don't think that I should be forced to work to the point of incapacity for a company who have provided no support to me after an accident that happened while I was on the clock working for them.

The first part I bolded nearly sounds like constructive dismissal.

The second part I bolded; get that in writing, and once you have it in writing, bring it to a solicitor.

The final section I bolded; your GP works for you, to ensure you're in good health. The company GP works for the company, to ensure people are fit to work for the company. Don't mix them up.