Jean
Anything following his initial injury is an acute exacerbation of an uderlying
problem and not an industrial injury.
Therefore he should be declaring exacerbation of back problem on his self-cert
form, HR should not point this out and ask him to complete an accurate self
cert.
Cheers
Petej
>>> [log in to unmask] 24/11/2005 23:07 >>>
Dear List,
Here is a question you might like to give me your opinion on.
I saw an employee today, who had a soft tissue injury to his back in 2001. He
made a claim against his employer, and won his case, receiving compensation only
recently.
He has since been back at work, to all intents and purposes fully recovered,
and is doing his substantive post. This does not cause him any great problem,
except occasionally he gets a bit of low back pain.
When this happens, if he takes any time off, he fills in a self certification
form, and always ticks the box which asks if it is due to industrial injury. In
the time since injury and the present, he has only had approx 8 days in total.
His HR manager argues that he should NOT class it as Indust. injury, but he
feels he should.
Discussed with the OH team today, we all felt that as nurses ( many of us
trained in the NOT Modern Matron era, but I won't go into that!) we would not
relate low back pain today, to our various back injuries sustained in the days
when we lifted everything in sight.
Opinions welcome!!
Jean Jackson.
Jean G-J
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