Help - injured in RM van accident

[The Quiet Man]

Yep, was 'paid' MINUS 245 quid this week. The DOM rang payroll up and because I haven't quite hit 12 months, I cannot be paid regardless of the circumstances. Even if I came to work, and the DOM hit me over the head with a hammer and I had 3 days off with a headache I CANNOT BE PAID UNDER RM'S SYSTEM AS I HAVE NOT COMPLETED 12 MONTHS. Utterly insane, no flexibility or discretion.
I was actually told by one manager to sue them for my pay, as that's the only way I can get it. So, there was me happy to not claim damages and just get back to work provided that I was paid, and now because of the stupidity of the system they are now going to likely be paying me a lot more than wages. Talk about shooting themselves in the foot.
So, along with the residual physical pain, mental pain I now have the stress of having no pay for almost 2 weeks worth of wages. Sorry but I think their conduct is reprehensible, despicable and lacking empathy. Talk about kicking a bloke when he's down.

A disgraceful way for anybody to be treated, but sadly, no surprise!

Good luck for the future

TQM

[UnhappyGremlin]

Not ideal, but....

In your situation, I would sue.
The accident wasn't your fault, you were a passenger in a Royal Mail vehicle, whereby the driver was at fault from the sound of it.
Either go through the union solicitors, or get a no win no fee solicitor.
It's not just physical pain and suffering, it could also be causing undue mental anguish etc. As well as loss of earnings (inc. OT).

The common sense approach would have been to pay you S/L, in an effort to prevent you suing.

If you had been the driver, I may have been inclined to say tough s**t, you should have been paying attention. But the reality is far removed from this.
To me, you are essentially being punished, financially, for something you were not responsible for, and had zero control or influence over.

It is also fair to point out, that while your DOM was willing to pay you (don't know how they intended to achieve this), the system is pretty rigid to prevent any wrong doing, financially speaking.
So the manager in question that put you down sick, had their hands tied by the system.

[bustedflush]

Not ideal, but....

In your situation, I would sue.
The accident wasn't your fault, you were a passenger in a Royal Mail vehicle, whereby the driver was at fault from the sound of it.
Either go through the union solicitors, or get a no win no fee solicitor.
It's not just physical pain and suffering, it could also be causing undue mental anguish etc. As well as loss of earnings (inc. OT).

The common sense approach would have been to pay you S/L, in an effort to prevent you suing.

If you had been the driver, I may have been inclined to say tough s**t, you should have been paying attention. But the reality is far removed from this.
To me, you are essentially being punished, financially, for something you were not responsible for, and had zero control or influence over.

It is also fair to point out, that while your DOM was willing to pay you (don't know how they intended to achieve this), the system is pretty rigid to prevent any wrong doing, financially speaking.
So the manager in question that put you down sick, had their hands tied by the system.

Yes, the DOMs hands were tied. My situation is a product of an inflexible system "..the computer says naaaa,,, cough..". My ERICA already has driver 'lapse in concentration' as the cause and he has admitted fault. I have since heard he was working 12 hour days and may have been tired. He also was allowed to drive back from his round later while I was in hospital apparently even though he didn't drive out. I have filed a suit through the CWU solicitors now and have a case no. already. Not the path I ever wanted to go down, but I feel so embittered and let down that I have no choice. I sit here 435 quid in net pay down, and that is causing more stress. When I relate my story to people, to a man they are dumbfounded that I could be treated like this; they seem to disbelieve me until I show them the paperwork. Even the managers pretended to be concerned.

The only smile I had was when on light duties today and the manager pointed out that many rounds next week have EIGHT door-to-dustbins on which I will sadly miss as ATOS haven't cleared me to carry/walk yet. And summer (6-day) lapsing is in despite the huge amount of flats and still-appreciable amount of packets we are getting. I have been sorting york-fulls of flats on light duties. I know in the past I have been vocal in my support of starting and finishing early, but in the last month I've seen the light and realized that I'm helping no-one and I'm being selfish. When I'm back walking I will work to time and not rush any more. I have worked with a couple of blokes on light duties one younger and one older who are both suffering foot injuries due to the demands of the job, simply breaking down. There seems to be a massive schism between what is realistically achievable and what is expected of us.

P.S. Does RM have a secret unwritten recruitment policy whereby they seek out people with Asperger's for management positions? I say this with no disrespect to those afflicted with this, but a main symptom of the condition is not being able to empathise, i.e. read emotions, body-language and facial expressions.

[Brainache]

If the company wants to settle at some piont, I would stick a permanant contract into the deal.

[Red Robbo]

If the company wants to settle at some piont, I would stick a permanant contract into the deal.

And a pay rise.

[bustedflush]

If the company wants to settle at some piont, I would stick a permanant contract into the deal.

And a pay rise.

I've got a feeling my 6-monther will be mysteriously terminated once RM get the papers from the lawyers....

So, yes I feel a bit sorry for myself. I have 435 quid less in the bank as of this coming Friday than I should due to a driver trying to assassinate me via a stationary dust cart. I spent the 3 days after it in terrible pain, so bad that eventually my other half had to help in to her car to go to doctors. I spent the next week in slightly less pain but zoned out on tablets with bad side-effects and unable to drive. I have residual ribcage pain, deep breathing pain and upper back pain and a scarred leg. I had to force myself back on light duties in order to be paid, and am doing repetitive door - dustbin throwing off leaving my back and chest aching. I am dreading being driven again to be honest. I keep seeing that metal heading toward me. Now I have the added stress of legal action and the negative way I will be treated during it and will probably lose my job. All because they wouldn't or couldn't pay me while I am hurt.
I have never worked for an employer like this, and it's a shame because I genuinely like the postman's job. When I tell people they don't believe how I have been treated.

[Red Robbo]

If the company wants to settle at some piont, I would stick a permanant contract into the deal.

And a pay rise.

I've got a feeling my 6-monther will be mysteriously terminated once RM get the papers from the lawyers....

So, yes I feel a bit sorry for myself. I have 435 quid less in the bank as of this coming Friday than I should due to a driver trying to assassinate me via a stationary dust cart. I spent the 3 days after it in terrible pain, so bad that eventually my other half had to help in to her car to go to doctors. I spent the next week in slightly less pain but zoned out on tablets with bad side-effects and unable to drive. I have residual ribcage pain, deep breathing pain and upper back pain and a scarred leg. I had to force myself back on light duties in order to be paid, and am doing repetitive door - dustbin throwing off leaving my back and chest aching. I am dreading being driven again to be honest. I keep seeing that metal heading toward me. Now I have the added stress of legal action and the negative way I will be treated during it and will probably lose my job. All because they wouldn't or couldn't pay me while I am hurt.
I have never worked for an employer like this, and it's a shame because I genuinely like the postman's job. When I tell people they don't believe how I have been treated.

Although I'm not qualified, reading your posting it sounds like your suffering from "post traumatic stress syndrome" ??

[margarethealy]

Hi
Yes that would be me in the video, although I haven't viewed it myself. Keep your chin up, this is always a miserable time of year any way! I hope you are on the mend soon and can appreciate your financial concerns as although a postie for 4 years now, I was diagnosed with cancer 3 months after I started with RM (not had the best last 3 years as I have been assaulted by a crazy lady out on delivery, bitten by a dog and a cat got me through a letter box last Xmas Eve...lol. You couldn't make that up could you !!). Any way I did not get paid while off work for 4 months when I had cancer but I was helped out by the Rolland Hill Fund who gave me money to cover the expense of going to hospital daily for radiotherapy etc, I think it was 400-500 pounds so maybe you could try them and see if they can help you out .
Good Luck and take care of yourself

[OnAFlyer]

If the company wants to settle at some piont, I would stick a permanant contract into the deal.

And a pay rise.

I've got a feeling my 6-monther will be mysteriously terminated once RM get the papers from the lawyers....

So, yes I feel a bit sorry for myself. I have 435 quid less in the bank as of this coming Friday than I should due to a driver trying to assassinate me via a stationary dust cart. I spent the 3 days after it in terrible pain, so bad that eventually my other half had to help in to her car to go to doctors. I spent the next week in slightly less pain but zoned out on tablets with bad side-effects and unable to drive. I have residual ribcage pain, deep breathing pain and upper back pain and a scarred leg. I had to force myself back on light duties in order to be paid, and am doing repetitive door - dustbin throwing off leaving my back and chest aching. I am dreading being driven again to be honest. I keep seeing that metal heading toward me. Now I have the added stress of legal action and the negative way I will be treated during it and will probably lose my job. All because they wouldn't or couldn't pay me while I am hurt.
I have never worked for an employer like this, and it's a shame because I genuinely like the postman's job. When I tell people they don't believe how I have been treated.

How close are you to the 12 months employed? It sounds like you're nowhere near fit to return to work, if I were you and that 12 month barrier was in the next few weeks I'd go straight off sick again.

I'm unsure of how it works with temporary contracts but surely RM would have a hard time not renewing because you had a bad accident that was 0% your fault. Are there are other staff who started around the same time? If so you could use these being kept on as a reference point if RM did try and get rid of you.

[bustedflush]

If the company wants to settle at some piont, I would stick a permanant contract into the deal.

And a pay rise.

I've got a feeling my 6-monther will be mysteriously terminated once RM get the papers from the lawyers....

So, yes I feel a bit sorry for myself. I have 435 quid less in the bank as of this coming Friday than I should due to a driver trying to assassinate me via a stationary dust cart. I spent the 3 days after it in terrible pain, so bad that eventually my other half had to help in to her car to go to doctors. I spent the next week in slightly less pain but zoned out on tablets with bad side-effects and unable to drive. I have residual ribcage pain, deep breathing pain and upper back pain and a scarred leg. I had to force myself back on light duties in order to be paid, and am doing repetitive door - dustbin throwing off leaving my back and chest aching. I am dreading being driven again to be honest. I keep seeing that metal heading toward me. Now I have the added stress of legal action and the negative way I will be treated during it and will probably lose my job. All because they wouldn't or couldn't pay me while I am hurt.
I have never worked for an employer like this, and it's a shame because I genuinely like the postman's job. When I tell people they don't believe how I have been treated.

How close are you to the 12 months employed? It sounds like you're nowhere near fit to return to work, if I were you and that 12 month barrier was in the next few weeks I'd go straight off sick again.

I'm unsure of how it works with temporary contracts but surely RM would have a hard time not renewing because you had a bad accident that was 0% your fault. Are there are other staff who started around the same time? If so you could use these being kept on as a reference point if RM did try and get rid of you.

That's what my rep said. There are several who started after me and some of those have had sick days already, whereas I was 100% timekeeping and attendance prior to the incident. I have 6 weeks until 1 year to go. I have the ATOS call coming Friday as I missed the Tuesday one as the manager never gave them my mobile no. or works no. and I was at work on light duties when they called me at home. I hope I'll get approved to do a few bits of lapsed rounds or half a walk, and the manager suggested that would be a help if I could do a small walk to rehabilitate. My legs feel OK but my chest and upper back still ache so pulling a trolley or having the strap of a bag over the injured area may cause pain, I don't know until I try.

[k979aaa]

Keep your pay slips you will need it when you claim against royalmail for lost earnings and compensation for injury's if you do get fired for nothing of your own fault good luck mate!

[bustedflush]

Just an update to those whom have taken an interest in this topic - Simpsons Millar have been quite good and my area rep too. RM have admitted liability a few weeks ago and I am going to have a medical with an independent doctor this week who will report back to both parties. I have also had a course of 8 weeks physio started a week ago. I didn't get binned off (well not yet anyway!) after my second 6-month contract expired. I am back on full walks for the last month but this week was a hilly one which has reignited my knee problems and back pains so had to work under painkillers a few days. The chap who smashed the van has been found OK in medical tests and I believe will be allowed back to driving after a retest.

[margarethealy]

Thanks for that. My handbrake was in upright position. Witness who drove van off me confirmed this to police. Handbrake brief was never seen by me as I think it was after my accident. I feel rubbish right now. Back at work and really sore and taking lots of pain relief but trying to do as much as I can. Bending down to floor level is impossible without pain as is any kind of heavy lifting or nimble dexterity as hands and wrists not too great. I walk like an eighty year old horse ready for the glue factory.lol.
To think I did 3 hours for the marathon once....happy days. Hope you are well on the mend now and got some cash to help you through the lean spell.

[bustedflush]

Thanks for that. My handbrake was in upright position. Witness who drove van off me confirmed this to police. Handbrake brief was never seen by me as I think it was after my accident. I feel rubbish right now. Back at work and really sore and taking lots of pain relief but trying to do as much as I can. Bending down to floor level is impossible without pain as is any kind of heavy lifting or nimble dexterity as hands and wrists not too great. I walk like an eighty year old horse ready for the glue factory.lol.
To think I did 3 hours for the marathon once....happy days. Hope you are well on the mend now and got some cash to help you through the lean spell.

I am fully recovered and finished physio thanks and have been back on full walks for 3 months now. I have been repaid my lost wages after a kerfuffle. I received a cheque from RM for about a third of what I was due. I sent the solicitors my wage slips to ask how something so simple could be messed-up, as there were only 2 wage slips incorrect and they simply needed to make them up to the standard week's pay and it would all be resolved as far as lost earnings went. Yesterday I received the balance I asked for so RM obviously agreed with my figure, well they could hardly argue with their own wage slips.....! I have also had a settlement figure which the solicitor has accepted on my behalf as it was just about in my requested range of what I thought I was due.
To be fair RM seem to have co-operated in the matter and haven't been obstructive or argued the toss, so am simply awaiting the settlement cheque.
Just glad it's nearly over. All I have apart from the occasional flashback and 'passenger nerves' is a nice permanent scar on my right leg, which has ended my modelling career lol.....thanks for asking anyway, much appreciated.

Over to you, I take it you are on light duties leading to maybe taking out a fraction of a round when you/ATOS have endorsed it? Similar to yourself I was taking painkillers while at work to get me through, but gradually when I got back into the swing of things they were no longer necessary. I can't really compare my residual pain with what you must be experiencing though, so I anticipate your future role may be changed significantly from what it was before, if indeed you can carry on. I think it's important to try though, don't give up unless there is no other option as you still have a focus and objective, and once that goes psychologically your shoulders slump and this can exacerbate the pains both mental and physical.
Please keep us updated on your progress and recovery, best wishes.

[bustedflush]

Just to update this, Simpson Millar obtained a fair final settlement for me 2 weeks ago, as well as the correction of loss of earnings which RM finally agreed were as I stated they are, after seeing the payslips I submitted. I received this payment a week ago, so the matter is all settled now.
Thanks to those who took an interest and especially the area rep who was always available on the phone to help. (He knows who he is!)