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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6339
Experience:  15 years experience of advising on employment law matters
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Hi i am in the process of being medically retired from royal

Resolved Question:

Hi i am in the process of being medically retired from royal mail, i have been off work since january. i had disctectomy surgery to remove disk in my neck which was successful iin june of this year. however iwas told the pains in my left arm might not get better, this has proved the case and also muscle wasting has occured which i am told by my neurosurgeon consultant is unlikely unlikely to recover. i am also waiting to see consultant after lumbar MRI scan about problems with legs. After dissmissing the thought of medical retirement, seems this could be a distinct possibility on the outcome of meeting with consultant next week, am wooried about my finanacial future, and whether or not royal mail could take some responsibility for my injuries as i have been carrying up to 6-8 bags of mail every day for the last 20 years. i am 56 years old and concerned about the ability to find another job at my age with the disibilities i have
Submitted: 3 years ago.
Category: Employment Law
Expert:  taratill replied 3 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. Does your doctor think that your disabilities have been caused by your work?

Customer:

not sure seems everybody says its due to wear and tear but i have had problems wtih my left shoulder for about 7 years on and off now it seems it could be permanant

taratill :

Potentially you could bring a claim in personal injury but you would have to show that the damage was caused by your employment and that the employer had somehow failed in a duty of care, perhaps by giving inadequate health and safety training and that it was reasonably foreseeable that the failure caused the harm.

taratill :

Obviously the first steps will be showing that the harm was caused by the employer. Your doctor might be able to help you with that.

Customer:

as i understand by taking medical retiremnt from royal mail i agree to nine months wages with an option to return to work for them if i am able and if there is an opening. financialy i cannot afford to do this i still have mortgage to pay and bills just not sure what my best options are

taratill :

Do you agree that you are not fit to return to work for the forseeable future? Are there any adjustments that could be made to your role to assist you to return?

Customer:

dread the thought of disibility handouts as my only means of income. i am definitely unfit for the foreseeable future. i am undergoing physiotherapy to help with the muscle that is left in my left arm. physio tells me this will take months rather than weeks. consultant next week could possilby send me for surgery for known spinal stenosis which is in my report from neurosugeon

taratill :

Ok I can understand your worries., are there any changes your employer could make to your role to help you to return?

Customer:

no discussed this last week with them. they have been told that any repetative work would not be good so sorting in the office would not be an option, nor would going out on delivery, they have been very good i must say. they do seem to be fair, but this does not help with my worries of how to get by for the next 10 years of my working life. i had intended to return to work and have never giving this much thought before , but this seems unlikely now

taratill :

Unfortunately the employer does not need to create a job for you or to keep your job open for you in these circumstances, it is fair for an employer to dismiss in these circumstances on the grounds of capability and it seems as though the package offered by the Royal Mail is more generous that that which is offered by most employers. I am really sorry that you are faced with this situation but from an employment law point of view there is nothing more that you can ask them to do I'm afraid. You could potentially explore the personal injury option I mentioned at the outset.

taratill :

I am really sorry that this is not the answer you wanted to receive.

taratill :

If you have any further questions please do ask. If i have answered your question I would be grateful if you would take the time to rate my answer.Thank you and all the best.

Customer:

ok thanks anyway just needed to talk to somebody about it

taratill :

I really do sympthise with your situation and I hope you make a full recovery very soon.

taratill :

I would be grateful if you would take the time to rate my answer as I am not otherwise credited for my time.

taratill :

Thank you and all the best.

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