DWP/DSS Disability Assesment result.

[Thunderthighs]

Just had a results of a Dept Work and Pensions/Dept of Social Security physical assessment test, due to 3 AOD'S.
RESULT: 14% Disability, due to 3 "Industrial Accidents."

However, recently, Management "decided" to list one as an INCIDENT, and then RE-ISSUED a Stage 1 warning due to sickness/recovery time incurred.
( The Regional Manager ejit who initiated this "decision" left RM about a month later, and has left a catalogue of similar cock-ups, apparently.)

Now that these have been PROVEN as AOD's, can I get this re-issued Stage 1 disregarded/withdrawn/eliminated? In writing?
Surely, AOD'S don't usually initiate Stage warnings, as written/agreed within the National Agreement.

Otherwise it feels as though I have the "Sword of Damacles" hanging over my head, even though the 3 AOD's were totally not my fault.

What steps do I need to take? RM unaware of DWP/DSS decision as yet.
Keeping my powder dry at the moment!!!

Any answers, suggestions welcomed. Ta!

[Stormproof]

I had to have a Stage 3 interview because of my AOD even though it was classed as an Industrial Accident by the DWP. It was reverted back to a 2. Now I've had the operation on my knee because of the AOD I will now have another Stage 3 when I go back to work and probably lose my job this time. They never take circumstances into account

[easter bunny]

Just had a results of a Dept Work and Pensions/Dept of Social Security physical assessment test, due to 3 AOD'S.
RESULT: 14% Disability, due to 3 "Industrial Accidents."

However, recently, Management "decided" to list one as an INCIDENT, and then RE-ISSUED a Stage 1 warning due to sickness/recovery time incurred.
( The Regional Manager ejit who initiated this "decision" left RM about a month later, and has left a catalogue of similar cock-ups, apparently.)

Now that these have been PROVEN as AOD's, can I get this re-issued Stage 1 disregarded/withdrawn/eliminated? In writing?
Surely, AOD'S don't usually initiate Stage warnings, as written/agreed within the National Agreement.

Otherwise it feels as though I have the "Sword of Damacles" hanging over my head, even though the 3 AOD's were totally not my fault.

You should have taken a grievance out at the time...You will have to get a Stage 3 before the Stage 1 warning will be looked at im afraid....
What steps do I need to take? RM unaware of DWP/DSS decision as yet.
Keeping my powder dry at the moment!!!

Any answers, suggestions welcomed. Ta!

You should have taken a grievance out at the time...You will have to get a Stage 3 before the Stage 1 warning will be looked at im afraid....

[Thunderthighs]

So...they can issue Stages, even though the Nat Agreement states, that usually, NO stage will be issued if injured in the normal course of your duty?

Whats the point of this being stated if it can ridden roughshod over?

Recall a case on here somewhere where an Asian postlady was sacked, but the trubunal found in her favour as RM - AS USUAL - had failed to take into account her past AOD'S.

Seems like it has to go down-to-the-wire before you can utilise any AOD'S to support your case.

Totally nuts, makes no sense and seems to be RM making a rod for their own back long-term...

[easter bunny]

So...they can issue Stages, even though the Nat Agreement states, that usually, NO stage will be issued if injured in the normal course of your duty?

Whats the point of this being stated if it can ridden roughshod over?

Recall a case on here somewhere where an Asian postlady was sacked, but the trubunal found in her favour as RM - AS USUAL - had failed to take into account her past AOD'S.

Seems like it has to go down-to-the-wire before you can utilise any AOD'S to support your case.

Totally nuts, makes no sense and seems to be RM making a rod for their own back long-term...

Stages will normally be DISCOUNTED in the case of a AOD....however, why on earth didnt the OP have any representation at your Stage 1 interview and why did the OP except it to be a incident and not the accident...There is a difference...

[Thunderthighs]

Think the Reg Manager - twot - who left, was pulling the strings, What they tend to do is call me in the afternoons, when all others are delivering. ( I cover the PHG).

So, this re-issed Stage 1 seems totally bogus, and not inline with the Nat Agreement. It has no validity in my eyes!
As far as I'm aware, RM CANNOT disregard the Employment Laws of the Land with regards to Health and Safety and any subsequent outcomes.

Therefore I'll take it up with CWU Reg Rep asap, as one case of AOD still onging with dogs owners.

Appears that any rules/regs that benefit US are overidden, ignored or not adhered to.
Have to fight my corner.

"DING-DING! Seconds away, Round 1 !!!"

[easter bunny]

Your entitled to representation even if there is nobody there to do it.The manager must wait until there is a rep or friend available.

If the Stage wasnt issued at the time and it was discounted ,then it cannot be re-issued unless you have gone sick after the first one had be discounted..

[Thunderthighs]

As far as I recall, the Stage 1 had about 3 weeks to expire - 6 months limit ?

Then, injury at work occurred just at this time, and Reg Manager - who left - decided he couldn't see how it occurred. ( Perhaps his 20yrs at CSI Miami was well spent, as he seemed to an EXPERT in assessing the accident, even 3 days after the event. He was Psychic too, apparently...)
And this was at my house, as he called in my home whilst I was recovering on sickleave. NO JOKING.)

But REAL experts at DSS/DWP and additional Medical evidence blows his assessment out of the water...BOOOOOM!!!!

So, I'll follow up the right procedures to try to get this bogus Stage 1 eradicated. Fingers, eyes, toes crossed...

[IcanthelpthewayIam]

Can I ask you a question?

Why do you seem to think that what the manager classes your event as has any bearing at all on your case? Accident or incident what difference do you think that will make to your case?

[DGP1]

Can I ask you a question?

Why do you seem to think that what the manager classes your event as has any bearing at all on your case? Accident or incident what difference do you think that will make to your case?

If it leads to a Stage 3 then it will make a lot of difference, Discountable accidents being used to give warnings goes against the spirit (and the wording) of the agreement so, will be able to be used in any tribunal.

[stokes11eg]

Simply tell him that he cannot alter thefacts AFTER a decision has been made.Any tribunal would see this for what it is. The 14% disability assessment is the most interesting part, as I believe it is at this point you should be able to claim compensation for this disability, and maybe this has sent him to fabricate the evidence!

[IcanthelpthewayIam]

Can I ask you a question?

Why do you seem to think that what the manager classes your event as has any bearing at all on your case? Accident or incident what difference do you think that will make to your case?

If it leads to a Stage 3 then it will make a lot of difference, Discountable accidents being used to give warnings goes against the spirit (and the wording) of the agreement so, will be able to be used in any tribunal.

See this is where I think she is getting the wrong end of the stIck too. The fact that management are classing it as an incident has nothing to do with her sickness record, it only affects what they report to the hse,

The fact she was injured whilst on duty and coupled by the fact she has not been found blameworthy for the accident or incident or whatever it was called is what will affect the matter, she seems to think that if rm class it as an accident it will make her ok, it won't as it should have been discounted in the spirit of the agreement anyway as it was an injury at work,

Rm are possibly looking at it as a pattern of sickness, and that is why they are not discounting it, it would probably be benificial for her to ask the specific question as to why they are not discounting it

[Thunderthighs]

Ok, if an INJURY has occured, due to a dog, and the GP/Medical profession agree that you have been physically injured AND it wasn't your/anyones fault, then...it has to be ACCIDENT not incident that it is listed under. ( Incident could be anything else, resulting in a Physical Injury...such as being attacked by an assailant, purposely. ) As the dog was unseen, the consequenses of it's actions led to my Injury. It was UNPLANNED, NO ONES FAULT - as agreed to by Simpson Millars solicitors - and indirectly led to 3 weeks sickness being taken to recover/rehabilitate.

As far as I am aware, the National Agreement states that - If you are Injured in an Accident at work, then this should NORMALLY NOT be subject to a Stage warning - or words to this effect. I dont think the word "incident" is in that area of the document.
So...RM are using/bending the English language to ensure a Stage WAS issued/re-issued.
This is my point, the use of their words determine the final outcome...the their benefit, totally ignoring the Nat Agreements legallity.

Incident = Stage can be issued, nothing in the Nat Agreement to protect us from this.
BUT, ACCIDENT "is" listed and there is an Nat agreement written document that this WILL NOT initiate a Stage warning. BIG DIFFERENCE!!!

The Stage SHOULD NOT have been issued in any form, as an ACCIDENT caused the sickeness/absence. Incident is the wrong/incorrect term and changes the whole context of what occurred. Long-term, there could be a great deal of difference overall and could greatly affect my long-term employment.
If it isn't raised/altered now, it may be too late.
( During the meeting with the Manager where he said "incident" was recorded to RM Accident Investigation Dept -Get it, ACCIDENT DEPT!!! - I stated I strongly disagreed with this incorrect assessment of a 3rd parties conclusion of what ACTUALLY occurred.)
ME and the DOG were there only ones there...no other witnesses.
Think any statement from the dog wouldn't be applicable, as he felt a bit - wait for it - RUFF...

[IcanthelpthewayIam]

The fact is it was an injury at work, you are barking up the wrong tree, even if the manager says fine we will call it an accident, it makes no difference to whether the stage will be issued, the agreement was written at the time car crashes were still call RTAs road traffic accidents, they no longer are, they are road traffic colliisions now, reason being if called an accident then there is someone to blame, where as collision doesn't apportion blame, same reason now we have accidents and incidents and near misses, where as at the time the agreement was written there was only accidents and near misses

You were injured at work that is all that matters, now that should normally be discounted but is not, you need to find out why not, are RM saying it is not being discounted as it was an incident and not an accident? Seriously doubt that is the case

[fishtank]

He's right TT...the only important fact is that you were injured at work.
Accident or Incident...it makes no difference as they should both NORMALLY be discounted.
You should look elsewhere for the reasons for this one not being discounted.