Can i ask what you would do?

[Deedee]

...or has anyone been in this position. I have just been diagnosed with arthritus in my spine but the problem is i have had to lift heavy boxes with no lifting equipment to help. I have had back problems for a while and have told them i am not supposed to lift but the powers that be don't really care as long as the job gets done they just say watch what you are doing. A few weeks ago i was putting stock out when my back went and i couldn't move, i was off work for 6 weeks. My problem is i have been told by my union rep that i could sue them and would probably win but i am wondering if it will make things difficult at work. What would you do? sorry to ramble!!!

 

[wilma-bride]

Deedee, not really sure what you are asking

Are you asking what you should do about not lifting heavy boxes? Or whether you should sue your employer about the damage to your back?

If it's the former, I would say that you get your doctor to write a letter to your employer, expressly advising against heavy lifting and telling them what you can/can't do. Then, if they ask you to lift something which is too heavy, I would just refuse.

If it's the latter, I'm not really sure how you could sue them - if you have done it knowing full well you shouldn't be - unless someone has expressly 'forced' you to do it - I can't see how your employer could be held responsible. Perhaps for not providing adequate lifting equipment

Either way, I would definitely make sure your employer/HR department are made aware fo the situation regarding your back and tell them you will NOT be doing any more heavy lifting unless they can provide you with equipment so that you can move things safely and without any risk of damage to your back.

ETA: Does your employer offer you any kind of training, i.e. manual handling course or anything? I know that, in my job, even though I rarely have to lift anything we all have to complete a mandatory manual handling course on an annual basis.

 

[Claire L]

As your employer has not listened to you then you have something to go on, as presumably if you didn't do the work they would not want to employ you. They should of mafe reasonable adjustments so that you are not at risk of further injury. As you have been disgnosed with arthritis and have had ongoing problems for a while and arthritis isn't going to go away as such you may also be covered under the Disability Discrimination Act. If you find that you cannot do certain things and it has an impact on your day to day life, then your employer will have to make reasonable adjustments or they fall foul of breaching DDA. Also was this recorded in the accident book?

One thing I will say is don't let them get to you and yes you can do 'battle' with them and come out ok

Claire

 

[Deedee]

Hi Joh they have put me on tills since i have been back so i am not lifting now. It was the suing the company part i was asking advise on, tbh they are breaking a lot of health and safety rules which the union have just picked up on, we have never had training on lifting the boxes they just expect women of all ages and size to get on with it and i can honestly say some of them are really heavy. We have deliveries of up to 1000 boxes some days.

 

[Claire L]

I would definitely look into taking the matter up with the union if I were you. At least if something does hit them, such as a claim, it may force them to change their attitudes and prevent someone else getting hurt in the future.

Claire

 

[Deedee]

Hi Claire they did put it in the accident book straight away,and to be honest they have been very good to me since i went back i am on tills with a chair so i can sit in between serving but i think a lot of this is guilt because they know they could be in trouble for how things are done.

 

[jjpenguin]

It sounds like guilt to me! I would look into what the union can offer. After all there may be a lot of other people having the same type of problems if they are breaking so many rules.

 

[Deedee]

It sounds like guilt to me! I would look into what the union can offer. After all there may be a lot of other people having the same type of problems if they are breaking so many rules.

I do know there are a few people with similar problems.

 

[tennisfan]

Its a difficult one really. When you were diagnosed did the consultant/gp write a letter informing your employer? This should have them been recorded on your file. It would also act as a back up if things go worng.

The problem is that verbal doesn't always hold much ground. Your employer could argue that they were not informed & if nothing is in writing there could be a problem.

Also if the Union know that the company you work for is breaking lots of health & safety thing then why haven't they done anything about it? They could have got the health & safety people in to write the company up.

I think the only grounds you may have is that none of you have been taught manual handling.

When I worked at Sainsburys we had to do a workshop & sign to say we have done this. I also had to undergo loads of manual handling for my new job. We were also told never to lift more then you can manage, so you have a right to refuse if they are too heavy

I wish you well