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Employee RSI injury


Nick Connell
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Situation: I have an employee who has been on a performance improvement plan after becoming lazy and in effective for a few months. He pulled his socks up and was working back to his normal standard.

 

Today a month later he has arrived with a doctors note saying he has an RSI injury from using power tools. ( sore wrist, arm, shoulder, knee on one side ) sounded more like a stroke to me. Anyway the advice is to limit using power tools for a month.

 

As an Employer I obviously need him working however if it is an actual RSI injury then surely no power tools would be the best way to recover. however if he's at work then he becomes a spare part as a climber who can't use a power tool so maybe best off sick until fit to carry out his job.

 

Has anyone experience with this sort of situation?

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Not direct experience but I'd be thinking:

Are all your power tools upto date in terms of servicing etc. Specifically HAVS

http://www.hse.gov.uk/vibration/hav/hand-tools-qa.htm

If he's going down that 'route' you could well see him putting in a no win no fee type claim against you soon. Make sure your paperwork/method statements are upto spec.

How long has he been employed? Under or over 12 months?

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I don't know either.

 

What does the company sickness policy say?

 

I also don't know what the law says. Who signs you 'off sick' these days?, You personaly or your doctor?

 

I think you might be on a sticky wicket if you tried to force him to go off sick?, I stand to be corrected mind.

 

 

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As with a lot of legal issues you have to be 'reasonable'. If there are light duties he cam do then it's reasonable that he is offered them. If no such duties exist you do not have to create them. If maybe more appropriate to suggest he stays at home 'to aid his recovery'. Schedule a catchup meeting every two weeks.

Contractual sick pay is totally dependent on your company but statutory sick pay is compulsory for employees so you will be required to pay it. He still accrues holiday pay etc whilst this is happening.

If he returns to work then great if you not then you can look at dismissal based on medical grounds. Sounds scary but if your paperwork is in order then it's fine.

I'm not an expert, just had some experience of it. An hour with a HR consultant might be worthwhile investment.

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