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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6307
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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Can I get compensation if my company has made me do work which

Resolved Question:

Can I get compensation if my company has made me do work which they know would possibly cause me more injury
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
Hello my name is ***** ***** I am happy to help you today. Please can you explain the situation in more detail?
Customer: replied 2 years ago.

Hi Jenny

9 years ago I had to have surgery on my back. The surgery was then repeated 2 and half weeks later. I had three months of work to recover. The outcome was that I have degenerative disc disease on two discs. I returned to work after that time and resumed all the same duties. No risk assessment s were ever made and I have had several incidents of recurring back pain over the years. 5 weeks ago I had a severe bout of back pain resulting on complete bed rest. I have asked many times during these last years for changes to be made to my working conditions and all I got was a better chair for my desk. That took three years. After this last incident I have said I really can not do all the same duties as before and REALLY need modifications to be made. I am currently waiting for a second opinion from a specialist to see if my condition has deteriorated. I feel my career and my personal life have been destroyed due to my inability to get my employer to be reasonable. I already have life long minor disabilities caused from the original disc problems from 9 years ago. I'm only 47 years old and feel this has destroyed my life. I need to know what my rights are and what can be done.

Many thanks

Lyn

Expert:  Jenny replied 2 years ago.
Hello I am sorry for the delay in responding.
There are 2 ways you can argue this Lyn and both arguments should be used.
The first one is that every employer owes an employee a duty to care for their health and safety, you can argue that their failure to make changes and to carry out a risk assessment is a breach of those duties.
In addition it is possible you would be classed as a disabled employee for employment law purposes (different from benefits purposes), this will be the case if you have an impairment which is long term and has a significant impact on your ability to carry out day to day activities.
When you are disabled the employer has a duty to carry out reasonable adjustments to the workplace to assist you to carry out your work.
You should raise a grievance raising both of these points and ask them to take immediate action. You can state that if they do not you may be left with no alternative but to resign and raise a claim for unfair constructive dismissal.
If you have any further questions please do ask. If I have answered your question please take the time to rate my answer. Thank you and all the best.
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