Accident in the workplace.

[neilfair]

Good morning all.

I've had a reasonably serious accident in the delivery office which the DOM is very reluctantly admitting is down to poor maintenance. Some oil has leaked, not been cleaned up anytime soon, and because there was also a light out nearby at the time, my percentage of blame has to be absolutely minimal (as in zero). My solicitor certainly wants removal of the roughly 20% blame attachment there usually is with trip and fall accidents.

That said, I've still been told a Staged Warning meeting is in the offing. I take that as a given and know there is no right of appeal regardless of the absurdity. I had just over four months on the sick, came back for a fortnight and have now gone back on the sick. As the reason for my 'second' absence is a reoccurrence of the symptoms from the original accident, and that no Staged Warning meeting got to take place, I'm assuming they can only issue a Stage 1 regardless of how long I might be off during this second absence ? It isn't my fault afterall that they didn't find the time to do it.

Secondly, and perhaps even more importantly, I want out of the Godforsaken place because this accident is the final straw. However I don't want out on the cheap. If I finish up being unable to do my full delivery which looks very likely, and bearing in mind a lot of operations in my neck of the woods are moving to Leeds so alternative opportunities will be almost nil, how much stronger do my circumstances make my case? They've injured me through negligence and I'm told my case is extremely difficult to defend against.

For the record I am 53 years old with 21 years in. I work part-time.

Any feedback very gratefully received.

[demon]

look into it someone on here put a post on a few weeks ago and it said if it was a accedent on duty then they cannot give you a stage plus you want to get an areement off your manager that all time off under this injury will only be classed as the same accedent before you go back i did

[neilfair]

Thanks Demon. My rep has told me they shouldn't issue a stage (which to me wouldn't be worth the paper it's written on of course), but it has been known. Reason and Royal Mail in the same sentence, not always eh.

[andy2007]

That's not QUITE right. AODs should not "normally" be counted. Sadly, RM have a VERY convenient interpritation of that wording. I've had this very argument, a while back, when I had an AOD (caused by faulty equipment!). I'd still try to fight it, but I wouldn't hold out much hope of avoiding the Stage Warning. Sorry I can't be more encouraging.

[neilfair]

No problems Andy, you're only putting into words what I already think. Until RM finally and officially admit liability, they'll certainly consider a staged warning. As I say this is pretty much water off a duck's back to me because I hope to be elsewhere sooner rather than later. I know the environment isn't ideal to be packing a job in, but I find the place more and more difficult to stomach.

As I say though, I wont go without a good package. Not sure if I'll be offered one, but they seem to be almost forcing IHR on people who aren't necessarily welcoming it. Why not at least think about it for a guy who is coming up to mid 50s and doesn't look like being in great health this side of Christmas.

Thanks for the response.

[POSTMAN]

What are your hrs,IHR would pay you 34 weeks pay plus other little bits.

9 weeks Pilon (pay in lieu of notice)
PILOL (pay in lieu of annual leave)
34 weeks wages pay

Plus you could sue.

[neilfair]

Thanks Postman, great stuff. Certainly didn't know anything about the 9 weeks in lieu of notice. It's the extras like that that will sway me. And I haven't had chance to take any holidays because I've been off since the last financial year.

They still seem bl**dy perverse though in offering IHR to those who aren't wanting it yet seemingly being very reluctant to put it on the table for those who might. Possibly hoping you just walk away with nowt. I'm not quite that desperate just yet !!

Cheers for that.

[demon]

look into it someone on here put a post on a few weeks ago and it said if it was a accedent on duty then they cannot give you a stage plus you want to get an areement off your manager that all time off under this injury will only be classed as the same accedent before you go back i did

AGREEMENT BETWEEN ROYAL MAIL AND THE CWU ON ATTENDANCE PROCEDURE

1. Royal Mail and the CWU agree to the following changes to the current Attendance Procedure which has been operating since 1 July 1992 against the backdrop of a major pilot of a new Attendance Procedure being run in the Midlands and North East Divisions.

2. The key elements to this Agreement are as follows:

· The focus of this Procedure is on Capability and not Conduct.

· The Procedure is intended to encourage Attendance.

· Introduction of return to work discussions.

· The approach remains through 3 Progressive Formal Stages.

· A measurement and review process will be established nationally.

· A separate process for rehabilitation from long term sickness absence is appended.

· Absences resulting from accidents at work or an employee's disability are normally discounted.

· EHS support/advice should be available at any time.

· Requests by employees to be interviewed at stages 1 and 2 by a manager of the same sex, where this is practical within the local unit concerned, will be treated sympathetically.

· Representation at all formal stages.

3. This agreement supersedes the Royal Mail Attendance Procedure (1993 and 1996). It applies to all Royal Mail employees, except for those in the nominated Attendance Pilot area for the duration of the agreed Pilot.

4. The operation of this Agreement will be reviewed nationally in 12 months.

Bob Peaple
Royal Mail

Derek Hodgson
CWU

Terry Deegan
CMA

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[POSTMAN]

What are your hrs,IHR would pay you 34 weeks pay plus other little bits.

9 weeks Pilon (pay in lieu of notice)
PILOL (pay in lieu of annual leave)
34 weeks wages pay

Plus you could sue.

Query,the 34 week thing is tax free right,just the other 2 bits that are taxable?

[ebbzie]

If this accident has caused you to unable to do the job anymore, surely you can sue for loss of earnings from now to retirement age? Which of cauce they have now made 65!
GL mate

[REDLETTER]

That's not QUITE right. AODs should not "normally" be counted. Sadly, RM have a VERY convenient interpritation of that wording. I've had this very argument, a while back, when I had an AOD (caused by faulty equipment!). I'd still try to fight it, but I wouldn't hold out much hope of avoiding the Stage Warning. Sorry I can't be more encouraging.

always get the"accident" registered with Industrial Injuries Disablement Benefit teams at the Jobcentre Plus, what Royal mail class as an "incident" is seen as and Accident in the eyes of these people.

http://www.direct.gov.uk/en/MoneyTaxAnd ... /DG_171827" onclick="window.open(this.href);return false;

Who is eligible

You may be able to claim Industrial Injuries Disablement Benefit if:

you were employed when the accident or event happened
the work accident or event that caused your illness or disability happened in England, Scotland or Wales

There are some exceptions you can ask your regional Industrial Injuries Disablement Benefit delivery centre about.

hope this helps!

[neilfair]

Thanks once again for the excellent advice and support, it really is valued and appreciated. At the risk of sounding churlish and cynical, why can't RM see what sound people they have among their workforce. Giving, unselfish and understanding. Jeez, nobody is asking for a footballer's wage, just a bit of respect, even grudgingly, and a few shifts were you aren't treat as the enemy.

I come on here for the first time in my life and feel confident that total strangers will try to do good by me. Shortly I'll approach my DOM having computed all this advice and feel like I have to play a game of chess. And chess with a whole load of psychology thrown in ............... how do I not look too keen / too vulnerable / desperate. How do I not get his back up but still appear forceful.

Some non-RM people I talk to are totally in tune with what I tell them, they have employers who are 'robust'. With other people I tone the stories down because I know they'd find RM's attitude unbelievable and possibly think I'm exaggerating or even lying.

Support is absolutely vital and I'm so grateful for it. Advice is gold dust because our employer would mislead and coerce at the drop of a hat.

If all this sounds heavy, apologies. But thanks a whole bunch for the feedback, when you're out of the physical loop through ill-health, forums like this are a real tonic.

BIG THUMBS UP

[ebbzie]

Let us know how you get on

[mazza111]

Have you had an ATOS referral yet? This is the first step to getting the IHR that you want. Ask your manager for a referral.

[neilfair]

Yes, had a referral Mazza and they told me that there was a high risk of reoccurrence of my injury (60 - 70%). If it's a possibility that I'll be off for extended periods. especially considering my advancing years, RM could very soon be paying me for more 'non-worked' weeks than they would have to in redundancy. 34 weeks amounts to less than 2 x the weeks I've had off so far. The maths definitely support my argument and wishes.