Benefits advice please

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This topic contains 9 replies, has 6 voices, and was last updated by  Jan Sadler 1 week, 5 days ago.

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  • #24109

    anji
    Participant

    I wonder if anybody can give me some advice my hubby has crps in his left arm which has now spread to his left foot. He was off work for 6 months in 2012 and returned at the works request at the beginning of 2013 ( he has a compensation claim against them for golfers elbow which is where the crps originated and it was the works doctor who advised them to have him back in work on lighter duties) when he returned he put up eith 9 months of what i would describe as bullying until he had a bad infection in his hand because they refused to get him gloves that would fit this caused him to have to go off sick again. So my question is what options are there when his ssp runs out does he take the risk and return to work or should he try to claim esa. My fear reading all the posts regarding this is if he returns to work and cant carry on we wont get ssp and have to have the stess of him worrying about not contributing financially to the household or does he stop on ssp and start the claim for esa in the 23rd week of ssp as advised on dwp website any advice or comments would be appreciated thank you

    #24110

    Anonymous

    If he needs the gloves for health and safety reasons then I believe they should be provided. From the HSE web-site
    “The law requires employers and the self-employed to conduct their business in such a way as to ensure, so far as is reasonably practicable, that persons affected are not exposed to risks to their health or safety. This includes providing essential welfare facilities for employees.”

    Contact the Health and Safety Executive:
    http://www.hse.gov.uk/
    for advice on what to do.

    http://www.hse.gov.uk/contact/authority.htm shows what areas they cover, and what the local authorities and other departments cover.

    #24111

    anji
    Participant

    Thank you Dave for the advice but due to the nature of his condition they claim they cant get any large enough to fit his hand as it does swell up rather a lot but if he does go back to work i will definitly print of that info and give it to them so thank you.

    #24112

    Ian H
    Participant

    Hi Anji,
    Under The relevant regulations are the Personal Protective Equipment at Work Regulations 1992.
    Regulation 4 states:
    Every employer shall ensure that suitable personal protective equipment is provided to his employees who may be exposed to a risk to their health or safety while at work except where and to the extent that such risk has been adequately controlled by other means which are equally or more effective.
    The accompanying guidance states:
    Employers should, therefore, provide appropriate personal protective equipment (PPE) and training in its usage to their employees wherever there is a risk to health and safety that cannot be adequately controlled by other means.
    In order to provide PPE for their employees, employers must do more than simply have the equipment on the premises. The employees must have the equipment readily available, or at the very least have clear instructions on where they can obtain it.
    By virtue of Section 9 of the Health and Safety at Work etc Act 1974, no charge can be made to the worker for the provision of PPE which is used only at work. Section 9 of the Health and Safety at Work etc. Act 1974 states: “No employer shall levy or permit to be levied on any employee of his any charge in respect of anything done or provided in pursuance of any specific requirement of the relevant statutory provisions”. Section 9 applies to these Regulations because they impose a ‘specific requirement’ – i.e. to provide PPE.
    I work daily with H&S.

    #24113

    Lisa j
    Participant

    Hi I’m sorry I’m not a benefits guru but I am a nurse and I would be horrified to hear him going back to work like that. If he were to go back it sounds likely that his problems would again flare up quickly and cause further damage to himself. It wouldn’t be long before he would be back off sick. due to my own Pain condition I was in the situation where I was taking more and more time off sick and I knew I was going to have to leave. I claimed ssp until it was due to run out and put in a claim for esa to start from the date of the last ssp payment. I can’t say that is what your hubby should definitely do as I am not a benefits guru and atos healthcare who assess suitability for esa can be harsh. Many people have to get this benefit on appeal so if he decides to go that route it would be worth him looking to see if there is any other work he could apply for in a more humane environment that won’t affect his condition? I don’t know if I’ve helped or not but I would strongly advise him not to go back to that job if he can avoid it. Good luck x

    #24114

    d4vyk723
    Participant

    hi there. Things have changed badly over the past 4yrs
    regards benifits. I have crps in all four limbs like everyone
    with this i have good bad days and flair ups. I was award
    dla and had incapacity until the new assesors cured me lol
    apparently i am fine now and get nothing. my incapacity
    points went from maximum to 0 so i am now total fit
    and able to return to work in there opinion. How can
    i be employed when during flair ups i can hardly move
    cant sleep and defo cant go out. And with the bad days
    i am in more pain than most have experienced. so i may
    be able ti do some light pace work on monday then
    be in bed for 4 days. the goverment assesors have no
    clue.and just because i have a shave and present myself
    well at an assesment im fit to work. this is all to do with
    number crunching and government propaganda against
    people on benifits. I have been told by many employers
    that they could not insure me as i have muscle distortions
    in my hips shoulders etc etc which could lead to falls or
    injury .the assesors told me it has all changed and is no.
    longer about what you cant do and they focus on what
    you can do. lol which is the same thing but used as an excuse. It is a total nightmare with benifits but at least
    they have a cure for crps.lol they just tell you that your
    fine. oh if it was that easy. not a clue and get paid for
    each person they get off benifits. I really wish some of
    these people could spend some time in my shoes.

    #24115

    Lisa j
    Participant

    I have read many articles exposing ATOS healthcare as corrupt I have even read statements from people who claim to have left Atos because their criteria is aimed to fail people and they actually get paid to fail you! That’s why it’s so important to appeal!! Don’t give up. I feel that these people don’t care about us and our pain as they are paid to not care!! I probably shouldn’t publicity write this but it’s sickening. Ive just sent my form back to them to renew mine. I dread to think what they will decide about me

    #24116

    d4vyk723
    Participant

    hi again. i have appealed both these and was refused
    gave up in the end. the stress was to much made me
    ill. great to be all better. the people running the assesment really have no idea.I cant really win if i go to
    the assesment on a good day i can look almost normal
    altgough in pain. i dont get anywhere. if im on a bad day
    i couldnt go so again not good.so cant win.
    I am living on savings but when they are gone my house
    will need to go more stress. just what you need when you
    have crps.

    #24117

    anji
    Participant

    Thanks for all the info and advice you have replied with but as doctor has signed him off as not fit for work for another 3 months the decision has been made for us. On a more positive note his employer has agreed to read all the medical reports we have to look to see if they could look towards a more suitable job role so (a very big) maybe we can move towards getting him back to work.

    #46438

    Jan Sadler
    Keymaster

    Some years ago we were discussing safety at work on this forum thread. Here’s an article published by Steve Johnson This article adds a different perspective on Health & safety in the workplace. It is written for people in the security industry, that is notoriously dangerous, with a lot of the workforce at a higher risk of injury than many other industries. Many of the points are relevant to general safety at work.

    Basic Guide to Health & Safety legislation in the Workplace


    Jan at PainSupport

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