Work Injury claim

Samuele156

Hi,

The 19th of October 2017 I had a sever low back muscular spasm. An ambulance had to come to my home and bring me at the hospital, and I had to call sick for a month and a half. My company does not pay the sick leave, therefore I lost a lot of money due to this injury.

Doctor and Physio confirmed that it could have been caused due to the nature of my job. I am a customer service agent, and I spend 8 h a day using a computer.

I know that every employee should do a safety training, but in my company this is not done, and I have been told that they are basically breaking the law by not doing it (they also avoid to do fire safety training and every kind of training at all).

I would like to as if it's possible to sue them to receive the money that I lost for not going to work (around 2500 euro) and for the medical expenses (around 500 euro).

In addition, I asked several times for an ergonomic chair since my injury, and I still did not receive it. I know that the equipment must be the correct one for the job, bur our chairs does not support your back at all.

Thank you for your time,

Samuele

Avatar MIA

Samuele156 wrote: »

Hi,

The 19th of October 2017 I had a sever low back muscular spasm. An ambulance had to come to my home and bring me at the hospital, and I had to call sick for a month and a half. My company does not pay the sick leave, therefore I lost a lot of money due to this injury?

Doctor and Physio confirmed that it could have been caused due to the nature of my job. I am a customer service agent, and I spend 8 h a day using a computer.

I know that every employee should do a safety training, but in my company this is not done, and I have been told that they are basically breaking the law by not doing it (they also avoid to do fire safety training and every kind of training at all).

I would like to as if it's possible to sue them to receive the money that I lost for not going to work (around 2500 euro) and for the medical expenses (around 500 euro).

In addition, I asked several times for an ergonomic chair since my injury, and I still did not receive it. I know that the equipment must be the correct one for the job, bur our chairs does not support your back at all.

Thank you for your time,

Samuele

You had the spasm at home, and you spend 2/3rds of your time away from work, but you're going to claim a work injury.

Do you do manual lifting at work more so than out of work?

Those chairs cost hundreds of euro, did you give the company a medical cert from your doctor saying it was necessary for you to do your job?

mikeecho

You need to get it in writing from the doctor/specialist what the cause of your injury is from.
Then consult a solicitor.

Avatar MIA

There's a massive difference between...

Samuele156 wrote: »

Doctor and Physio confirmed that it could have been caused due to the nature of my job.

And the doctor stating

mikeecho wrote: »

You need to get it in writing from the doctor/specialist what the cause of your injury is from.

But he should...

mikeecho wrote: »

Then consult a solicitor.

Samuele156

I had the spasm at home, but low back pain is generically associated with sedentary works. I never had problems in my life before it.
The pain started at work, and it just ended up at home randomly. It could have happened anywhere, because it was not an immediate thing.

I spend 9h a day at work, plus 2 hours of travel, and 8 hours sleeping. It leaves 5 hours of free time. I do not know if it matters, but it was better to specify.

If they did the training I think they could have been covered, but since they avoid every kind of training, I think they may be in fault (they also avoid fire safety training, for example).

They have the chairs here, but they are used by whoever took them first. I can understand that they cost a lot, but since we have them it could have been nice to be assigned one. Maybe it's not mandatory, I just wanted to add an information.

I am writing this because I am from Italy, and I know for sure that I would won this case easily because the employer never did the safety training, nor checked my work station to see if was fitting for me.

Thanks for the answer

Samuele156

Oh, sorry I did not see other answers.

It's not possible to have a 100% reason of a back pain for a sitting job. How can you determine it?

Who is a Solicitor?

Avatar MIA

Samuele156 wrote: »

Who is a Solicitor?

A legal representative - avvocato

Samuele156

Thanks!

Just an easier information:

What are the consequences if they did not do any kind of training? I know it's mandatory, but I would like to know something more.

Thanks

Dr Turk Turkelton

Samuele156 wrote: »

Thanks!

Just an easier information:

What are the consequences if they did not do any kind of training? I know it's mandatory, but I would like to know something more.

Thanks

I had my mandatory training in how to sit down on a chair when I was about one. My parents were the course instructors but they didn't offer certificates to prove I could sit down in a chair.

Samuele156

Yes, it's the same in Italy.

I usually would not do anything, but they treated me like garbage and I am very angry. I just want to know if I can get some money back, since they never did me the training.

I was probably sitting wrong, and they never taught me how to do it. I know it sounds stupid, and it probably is, but in Italy this is enough to sue them because they broke the law, and go to a settlement at least.

I feel kind of embarrassed, but they keep me felling guilty for the injury, like I took a free holiday, and now I am really pissed off. Cannot stand them anymore.

Avatar MIA

Samuele156 wrote: »

Thanks!

Just an easier information:

What are the consequences if they did not do any kind of training? I know it's mandatory, but I would like to know something more.

Thanks

What exactly is mandatory do you think?

Samuele156

Avatar MIA wrote: »

What exactly is mandatory do you think?

Sorry, I am not sure I understood your question

I read an act from 2005 regarding computer workstation, and it looks like they should have given the training to me.

nuac

Mod
Closed for mod review