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mike52  
#1 Posted : 07 October 2010 16:50:21(UTC)
Rank: Forum user
mike52

I have been asked a question from a friend. Someone they work with has an appointment with a doctor for a bad back. Apparently they admitted to my friend they have suffered from it for some time and has seen a doctor before and has been taking tablets for the condition. However the work this person does involves manual handling and the employer was not told prior to employment about this condition. Now the person is thinking of putting in a claim saying his work caused the injury. I was asked if the employer had the right to discipline the person for failing to tell them about a condition that may affect their work. My advice was to contact their insurance company and also think about getting an independant medical opinion of the person's condition. any other advice would be welcome. Regards Mike
David Bannister  
#2 Posted : 07 October 2010 16:59:25(UTC)
Rank: Super forum user
David Bannister

Putting in a fraudulent claim is a criminal offence, probably liable to summary dismissal depending on the terms of employment. Failing to disclose depends on what questions were asked prior to employment or whether a job offer was dependant on medical enquiries. Either way I would strongly caution your friend that they are on a track to danger.
SafetymanClark  
#3 Posted : 07 October 2010 17:03:26(UTC)
Rank: New forum user
SafetymanClark

Hi Mike, Stepping firmly into HR territory this... What does the company have in the way of policies? Did the employee sign any medical questionnaire upon joining the firm? Depending upon the company's policy they may well be entitled to take disciplinary action against an employee who has willfully withheld information regarding their physical abilities / health. Maybe some of our more learned Human Resource friends will shine a better light for you... Regards, SafetymanClark
Dave C  
#4 Posted : 07 October 2010 19:34:11(UTC)
Rank: Forum user
Dave C

Check HR pre-employment procedures and I would also get HR to get in contact with the company insurers and look at referral to occuptional health if need be. HR department would be my first port of call.
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