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Bad Back !?!?


Gnarlyoak
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Not much of a blather-rer myself, happy to lurk in the undergrowth as a voyeur of the group rather than a contributor, but have occasionally been impressed with the professional and commonsense input from many of the regular contributors, that I thought I might throw this conundrum (ethical/moral dilemma) into the debating pit to gauge the opinion of a peer group.

 

Consider this, an arb. professional with several years experience is recently diagnosed with a slipped disc. The condition is not considered serious or chronic enough to warrant surgery at this stage according to the orthopaedic consultant. They have worked with this condition for some years undiagnosed, and there is a high probability that the injury was picked up even before they started a career in tree surgery! The person involved is no spring chicken (let’s say early 40’s) but does’nt feel ready for the scrap heap. Loves the business but only has relevant NTCP tickets, no formal qualifications to fall back on, but is prepared to grit their teeth and crack on regardless as they have been doing for years anyway. No time has ever been taken off for sickness in respect of this injury, it has never been eluded too and they’ve never shirked any duties or tasks, never bitched or moaned nor sought special dispensation or privileges.

 

Here’s the dilemma, what is the employers and their insurers perception of an employee in this position? Do they see that individual as a liability to the company, its clients and his colleagues? A claim waiting to happen! Would a company’s insurance company refuse to cover such an individual? And what about his colleagues, suppose he’s part of a two man team, what about the risk of their back suddenly “going” at a critical moment (say in the middle of an aerial rescue of a workmate who’s bleeding from a severed wrist) what kind of attitude or reaction might he expect from them if they knew of his predicament?

 

As you can see there are a number of issues that could be associated with somebody’s “bad back” probably more than the few that I have mentioned. I look forward to reading the points of view of members who’d like to have their tuppence worth on the subject and to see what the consensus would be on whether to ‘fess up and take it easy (if they can keep their job!) or stay schtum and carry on regardless (and hope they don’t let themselves or their workmates down!).

 

Thoughts, comments (BS free) appreciated.

 

Gnarly (not my real name!)

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We had a case a few years back (non-arb job) where a chap came to work in the warehouse driving fork-lifts. Back in the day, he'd served his time on National Service, and he was in his late 50's. During his time in the National Service, he was the victim of a ND, (negligent discharge by another), resulting in a bullet wound to his spine. This was not asked for, or disclosed at the interview, as he didnt feel that it would a) be relevant as he was on a fork-lift and b) he needed a job. He carried out his duties well for several years, then the company brought in a routine medical check-up, with the idea being to spot drug abuse. He declared the meds he was taking for his spinal injury, and was promptly dismissed for his injury, as it was felt at the time he would be likely to make a claim if his back became an issue. This meant 9 months later when we were made redundant that he could not claim any redundacy pay even tho he'd served about 9 years.

Was he wrong to not declare the injury at interview?

What would you do if you have a family to support?

Just a thought as this topic has been raised.

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I've had a slipped disc, very painful. They recommend not to stop work as it will make it worse, but to lighten your work load. I had to go down to a three day week, But mine was also operated on the disc was trapping my nerve making my leg go numb (not a good feeling when your climbing). I also started going to physio first which helped alot. I think you could make it worse all it needs is being in a funny angle and it could go. Just be careful.

 

It's like Andy said "What do you do if you have a family to support" . I do wife and two kids, it's harder because it's not just about you, Did i act to late or to much pressure , But all i know i've been off a year and more likely the rest of this year too so act sooner rather than later. Like you and proberly everyone else i loved my job not qualified to do anything else what else can you do, if you get told "ever thought of a new career".

 

I know i might be rambling on abit but it's always better to be safe than sorry.

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Perhaps one way to go is to have the employee sign a disclaimer, that if he receives further injury, you would not be held responsible as he is aware, and responsible for his health too. AS to the dilemna in the emergency situation, is he going to be any more of a liability than anyone else in the same situation? Obviously this is something only you and he can discuss, and put a process in place for such an event.

Its a very difficult thing to call, from afar, and each individual should be treated as such, an individual.

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I had a dsc prolapse, had to take a long time off and was told by various doctors, specialists, to give up climbing, I have had job interviews and told them straight about my injury and it cost me the chance of employment.

 

I am self employed now but normally only work four days a week as I find more than four days is just too painful.

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Anyone with a serious back problem for there own and co-workers sake shouldn't be in this game, unless they are in a mangement or consultancy position with no physical work involved. Thats my opinion..

 

You heard the man High Scale - time to hang up your harness.

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Anyone with a serious back problem for there own and co-workers sake shouldn't be in this game, unless they are in a mangement or consultancy position with no physical work involved. Thats my opinion..

 

i have rhumatoid arthritus in my hips and have had many a day that climbing sorted me out as i climbed out of the wagon my mate would put my feet in the harness then pull it up for me then i would hobble over to the tree not been able to put my own spikes on even but once sat in my harness was right as a bobbin and could do a full days work rather than on the sick which a lot would have done now my medication is sorted no problems now

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