Cut my tendon in work.

Tirnanog79

Good evening one and all.
I'm just looking for advice.

I cut my thumb tendon in work. It took my employer 4hrs to get me to a doctor because they didn't believe how bad it was.
A week and a half after a visit to the plastic surgeon they wanted me back in for "light duties".
The work doctor said I was grand without ever having a look at my hand or contacting my GP or surgeon.
I went in but they sent me home again after they saw I was still in a sling, splint and thumb guard.
My work area was slightly dark when I worked there and since I've been out they have upgraded the lights which is more safe.(I found that to be strange)

I have been out of work with full pay since the incident. But i still need an occupational therapist to look at it and it also requires physio.

Where do I stand legally regarding me being out longer than they thought. Can they fire me ?
Can I sue my employer for the pain I'm going through If they do fire me ?

Thanks in advance for the advice.

NUTLEY BOY

Tirnanog79 wrote: »

Good evening one and all.
I'm just looking for advice.

I cut my thumb tendon in work. It took my employer 4hrs to get me to a doctor because they didn't believe how bad it was.
A week and a half after a visit to the plastic surgeon they wanted me back in for "light duties".
The work doctor said I was grand without ever having a look at my hand or contacting my GP or surgeon.
I went in but they sent me home again after they saw I was still in a sling, splint and thumb guard.
My work area was slightly dark when I worked there and since I've been out they have upgraded the lights which is more safe.(I found that to be strange)

I have been out of work with full pay since the incident. But i still need an occupational therapist to look at it and it also requires physio.

Where do I stand legally regarding me being out longer than they thought. Can they fire me ?
Can I sue my employer for the pain I'm going through If they do fire me ?

Thanks in advance for the advice.

Legal advice not allowed here so this is just a general summary of the relevant principles.

Employers owe employees a general duty of care as per the tort of negligence.

Employers owe employees additional specific duties including ;

Providing a safe place of work.
Providing a safe system of work.
Providing safe plant and appliances.

If, on the evidence, there has been a breach of any of these duties an arguable cause of action arises.

It is not the place of an employer's doctor to run or dictate an employee's medical care. To attempt to do so is impertinent and intrusive. An employer's doctor may certainly opine on an employee's fitness or otherwise for work. The employee's medical management - including treatment - is a matter between the employee and their doctor(s).

BTW some hand injuries of the type described can be quite serious so care needs to be taken not to interfere with recovery. Additionally, it would actually be very unwise to have an employee on the premises unless adequately fit (even for light duties) as that further creates the prospect of an accident waiting to happen.

Issues of paid absence due to illness or injury are primarily a matter of what is in the terms and conditions of employment.

Some employers will continue to pay salary at their discretion and may stop doing so when they receive a solicitor's letter

OP would be well advised to consult a solicitor as there are a number of matters that need to be probed in order to form a definitive view of whether or not there is a good cause of action. If OP belongs to a union they may have a solicitor who may be able to advise.