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work injury - requiring to work

  • 18-04-2014 09:49AM
    #1
    Registered Users, Subscribers, Registered Users 2 Posts: 13,659 ✭✭✭✭


    Hi all,
    I'll keep this short. My OH injured herself in work a few weeks ago. Due to the nature of the injury she is restricted from certain workloads (medical reasons). Her employer has not made allowances for this and continue to have her complete the same workloads that caused this injury. She has been advised that due to the repetitive nature of these workloads she may now require surgery/be no longer able to work in her profession properly again. Her employer are still requiring her to do these workloads (compete tasks on her own that she is unable to). Where exactly does she stand with her employer? She has to take time off for a few days until it's assessed properly and she is currently not being paid. When she returns she will be required to continue on as normal. Her employer are aware of this, and have been told multiple times. She had to take time off before for the same issue, was unpaid and had to return to work due to lack of staff.

    Any advice?


Comments

  • Closed Accounts Posts: 12,687 ✭✭✭✭Penny Tration


    Honestly, I'd be getting her to an employment law solicitor with utmost urgency.


  • Registered Users, Registered Users 2 Posts: 26,452 ✭✭✭✭Mrs OBumble


    Has a doctor really certified her as medically fit to work, despite knowing that reduced workload is not possible? I'd be getting a new doctor, and signing for Illness Benefit.


  • Closed Accounts Posts: 12,687 ✭✭✭✭Penny Tration


    Has a doctor really certified her as medically fit to work, despite knowing that reduced workload is not possible? I'd be getting a new doctor, and signing for Illness Benefit.

    It happened to me when I had a work injury.

    Went in after my sick leave ended, with a note saying I was fit to work on restricted duties. After three or four letters from the doctor, after they refused to give me restricted duties, I was eventually signed off sick again. It can play out like that sometimes, unfortunately.


  • Registered Users, Subscribers, Registered Users 2 Posts: 13,659 ✭✭✭✭antodeco


    Her doctor has told her she can't continue doing the same workload (physical work) and currently needs time off for rest reasons. The doctor has advised will more than likely need full assessment and surgery but that she could be waiting several months.


  • Closed Accounts Posts: 12,687 ✭✭✭✭Penny Tration


    antodeco wrote: »
    Her doctor has told her she can't continue doing the same workload (physical work) and currently needs time off for rest reasons. The doctor has advised will more than likely need full assessment and surgery but that she could be waiting several months.

    Has she given doctor's notes to her employer, stating that she cannot do x, y and z?

    My doctor got me to list every single thing I did in work, and specified on each note that I could not do x, y and z, but could do a, b and c.


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  • Registered Users, Registered Users 2 Posts: 2,054 ✭✭✭blindsider


    OP - you say your OH injured herself at work. Did she e.g. fall down stairs (possibly not the employers fault), or did sth happen which the employer should/could have prevented?

    Her doctor's certs need to be very clear - e.g. "Must not work more than 2 hrs at X activity." or "Light duties only - no lifting."

    Your OH should be talking to HR to work out a work pattern which allows her to contribute to the organisation, whilst managing her injury.

    if the employer is in some way responsible for the injury, then they should be ensuring that the injury is assessed and treated quickly.

    Is your OH a member of a union? If so, get advice, if not, and this gets serious, I'd suggest getting professional advice - especially if there's going to be a significant medical expense or loss of earnings.


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