Posted By James Winter
Hi All,

Wondering if someone could guide me on this one,

We recently had an Employee who suffered a heart attack and then returned to work after resting.

The company Doctor has stated that the person is fit for work, however this person keeps having dizzy spells and feeling unwell at work. The person is sent home every time to have a few days rest and then returns.

My query is even though this is not an accident would we be liable from a point of not ensuring the persons health whilst at work, the person is a team leader and therefore is under a certain amount of pressure to do the job.

The person currently does not want to stop working shifts or change position which i believe is done to personal, financial reasons but the individual will not verify this.

Could anyone offer any advice

Kind Regards

James

Posted By Neil Pearson
Is the company doctor a fully qualified OCCUPATIONAL health practitioner? If not, you need to get one (email me for some ideas). The competence of this doctor is important here.

There has been some very confusing case law recently (mainly connected with stress) on whether a person should be removed from their position for their own protection.

My advice is keep the person under regular review by the occ health doctor. If this doctor did not ask to see the worker again I'm surprised. Be very clear with the doctor that you want to know exactly what work is safe, and exactly what rehabilitation or other steps should be taken (including, possibly, taking the person out of work).

I can see why you are sending the worker home, but this does conflict with the doctor's advice. If you are not comfortable that you are getting the right help, then you should address that first. Take a long hard look at the doctor and your arrangements with him or her.

Posted By peter
who said he had a heart attack?
has he been in hospital?
has the consultant given him the all cler to return to work
you ned to get the employees permission to contact his gp and ask for a written medical report ( for which you will have to pay a fee.
tell the gp what your employee does workwise and if the gp can give an indication what tasks the employee is capable of undertaking or someother task!

Posted By lawrence baldwin
James

Very interested on this one as I will be in the same position shortly regarding post heart attack victim returning to work.

With all due respects to the previous respondees, I don't see that they have answered your querry and, yes I believe that there may be a culpability issue now you are aware of that persons vulnerability and history and it possibly could be encumbant on an employer not to exascerbate any known existing condition, especially one with porobable fatal results. I would certainly make sure that your insurers are aware.

Other pitfalls are medical confidentiality, that notwithstanding, you need to discuss and involve the individual with their needs, this is where HR are invaluable, also try and identify the cause of the attack, i.e if it was stress related, then review his work load, or was it dietry or smoking related etc etc, hence the problem with confidentiality.

But also, not all heart attack victims are medical, dare I say the word, cripples, and would be offended to be treated differently, and this is an important aspect of their return to normality, including an active work cycle.

Involve the individual and identify his perceived limitations
Notify insurers
Work closely with HR
Discuss and obtain written guidance from your company GP including occupational referrals that are not already covered by the individuals R & R treatment.

And if like me, your work force is getting older, and coronary victims become younger then money spent on lifestyle occupational therapists with your vulnerable workers may be money well spent.

Regards

Lawrence