I injured my back as a result of a work environment which was badly laid out and poorly maintained. Repeated heavy movements (up to 1000 per day) had a cumulative effect in causing a lower back injury symptomatic of slipped disc - I have continuing back pain and sciatica more than a year later and lost two jobs owing to time off sick as a major factor since then. After being rejected in essence by a couple of firms for the claim one accepted just as I'd given up nearly, I have put a description of injuries,sketch of environment and supporting statement etc. I can supply medical evidence of back injury. No-one will be a witness as they would lose their jobs/be compromised in their career ambition etc if they supported me. What chance do I have? Earnings alone I have lost 10000.
Plus pain and related frustration/anxiety, stress ("can I provide.."), unable to play sports, unable to lift /play with my son, help my wife round house, DIY etc - totally frustrating - still in daily pain..
2006-11-21 08:12:15 · 8 answers · asked by Big Dave 2 in Health ➔ General Health Care ➔ Injuries
Sounds awful, mate. You do have a chance with this but, as ever, the devil's in the detail.
Witnesses to poor working practices would help but aren't essential. Your employer was required by law to publish and comply with a Health and Safety Policy Statement, setting out company policy to ensure safe systems of work. If they were as slipshod with the paperwork as they obviously were on the job then that improves your chances dramatically. Essentially they would then have difficulty in demonstrating - as they will probably try to pretend - that they were a conscientious employer who took all reasonable steps to discharge their duty of care towards you. A court would instead infer a cavalier or inadequate regard to health and safety.
Also what, if any, health and safety element was included in your induction training for the job ? If little or none that could again easily lead to the inference that they have failed in duty of care.
Even if the employer can tick both of these boxes, you aren't lost. Your medical evidence should not only support the injuries you've suffered but establish a timeline for the development of your condition. Taken together with the statement you've prepared the inference will clearly be that your condition is attributable to the workplace. Causation is obviously very important here and they may try to suggest that your condition is due to other factors. Alternative causation is an old favourite and can range from the obvious - any birth defects, ever in a road accident - to the bizarre. Once had a case like this where wheelchair using client was asked ' I understand you're a keen parachutist ' - the brief was reading the wrong file ! Your evidence together with the medical timeline consistent with workplace causation should be enough to defeat anything like this.
So, yes, this can be done without direct witnesses from the job. As the others have said these things tend to be a real grind and are rarely resolved quickly. Still, don't be completely disheartened, they might realise they're on a loser and offer a settlement, rather than take the hit on legal costs. Unfortunately it is more common for employers to play these things long in the hope that you do become disheartened and withdraw.
For what it's worth you do seem to have a reasonable case and it would be a shame to give up on it, especially since you've already shown a lot of perseverance to get this far. Bad employers like this should be brought to book and you deserve some acknowledgement of what you've been put through with this. All the very best with the case.
2006-11-23 12:18:04 · answer #1 · answered by Anonymous · 1⤊ 0⤋
If you have the medical records you can go for it with a good attorney, however you may have to prove to them that it wasn't caused by some other activity which may include them checking out the job that you were doing when you first injured your back, if you are unable to work apply for SS disability while you are waiting.
2006-11-21 08:19:45 · answer #2 · answered by judy_derr38565 6 · 0⤊ 0⤋
The only repetitive strain that I have treated from this area is from sitting on hard pews, tailbone bruises and back problems. It has been alleviated in the last 2 decades-or-so with padded seat cushions, and shorter services. Many elderly people fall asleep and this spares them a great deal of physical stress.
2016-03-29 04:34:51 · answer #3 · answered by ? 4 · 0⤊ 0⤋
I am in the process of being screwed over by workermans comp as we speak , fell off a ladder and had compression fractures on to lower vertibrae ,,,,,,, four years later I am still being denied further treatment ........My lawyer is about to settle my case and i will get some money , but they pain and suffering is real and they still will not pay for anymore treatment.......
2006-11-21 11:00:41 · answer #4 · answered by Anonymous · 0⤊ 0⤋
The company can make you wauit 7 yrs until they decided to do something. I was involved in a worker's comp for my back and they made me wait 6 years and lost all my wages and never recouped anything. So good luck. Get a good workers comp lawyer.
2006-11-21 08:17:54 · answer #5 · answered by Anonymous · 1⤊ 0⤋
This is a decision doctors will make--yours and theirs. You don't have to have witnesses. Sciatica can be greatly relieved by a good chiropractor, one who knows kineseology or is a graduate of the Palmer School.
2006-11-21 08:17:58 · answer #6 · answered by beez 7 · 0⤊ 0⤋
1
2017-02-26 00:55:46 · answer #7 · answered by ? 3 · 0⤊ 0⤋
repetetive movement injuries are easily diagnosed by a doctor. If a doctor has diagnosed that, I'd say your chances are good.
2006-11-21 08:15:30 · answer #8 · answered by essentiallysolo 7 · 0⤊ 0⤋