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Posted By Helen Flinn
Hi All - need to get a concensus on this subject..
Scenario:
Employee works primarily on a CAD system and has started to experience pains and stiffness in his right shoulder from continuous mouse work. After putting up with it for a few weeks he has now gone to see his GP who has referred him to an Osteopath for treatment sessions, which are costing £35 a go.
Has asked the Company's Corporate Srvices Manager for some assistance to pay for this treatment as the symptoms/problems are directly work related - his doctor is happy to back him on this claim.
However, he's been told if he had applied for the Company's medical cover when he joined (several years ago) he could have claimed the money back, but as he hasn't it's tough & they don't cover those sort of expenses...
He has been advised to take up workstation layout up with his line manager and that's about it. He has never received an "official" VDU/Workstation assessment - I carried out a quick one to try and help, but really there is very little he can change.
So...
What is your opinion about this?
Surely his employer has some sort of duty of care towards this employee and should be acting to help him more?
It seems to me like they are fobbing him off - and he now feels like going to see one of those "no win no fee" guys to see if they can help. Is there anything else I can advise him to try before going down the legal route?
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Posted By Paul Leadbetter
Helen
The company should get a specialist opinion on this person's condition; just because the GP has said it, it doesn't make it right.
Given that legal action may be taken, I would have thought that it was worth the company adopting a flexible approach to paying for any treatment.
Paul
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Posted By Adrian Watson
I agree with Paul, many claims can be prevented by both sides taking a flexible stance. In the case described, the person would most likely win a claim for breach of statutory duty. So, I would advise the Employer to pay for the treatment, get an occupational health docter to assess the person and get that persons and others workplace assessed and put to rights.
Regards Adrian Watson
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Posted By Kieran J Duignan
Helen
You've outlined a situation that is a good way of triggering a flood of similar claims from other employees.
As a registered ergonomist and RSP, I've not only been involved in guiding employers and self-employed professionals (e.g doctors) about reducing risks of musculo-skeletal problems but I've also been managing a condition similar to the employee you refer to since 1996.
On the basis of what you've written, it could well be that the physiology of the employee leaves him prone to RSI conditions; in my view, any safety ergonomist would confirm to a tribunal or court that his employer has responsibility for protecting him from this.
Watch out for other employees who also reasonably join the queue; at what stage, will your company comply with their statutory responsibility? When a director complains of r.s.i.?
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Posted By Helen Flinn
Bit of an update for you - the Corp Manager has hot footed it round to said employee dragging along the H&S consultant we have kicking around at present (no H&S Manager in place at the mo..).
Had yet another basic desk assessment, but basically told him if he joined the medical scheme he could claim monies back - however, surely if you sign up after you had developed a problem they won't cover you as it is an existing problem??!!
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