Injured my back at work - What now?

[FstStig]

Hey Guys

I was working as a Apprentice Mechanic in a small workshop in Gateshead. I had been working there for about 3 months when the Boss decided he will get me and the other bloke up his place to do jack hammering. I have had slight Scoliosis since i was born and the Boss knew about this before i started Jack hammering. Not only was I jack hammering but i was also carting up wheel barrow loads of the smashed up concrete up a rather steep hill.

I would assume this is completely illegal as this was not what my Job entitled, it was also away from the business premises.

I have since then have had rather bad back pain in my lower back and the rest of my back has been rather tight. This has been making it hard to get out of bed in the morning and to even get up out of a chair. I have since left my job due to the above reasons. What are some of my options that I have?

Any advice would be great, Advice that i will be reporting will be advice like (Harden the **** up or take that smashed concrete and use it to harden up)

Thanks

Mumbo

[minux]

Were you paid for doing this job?
Do you have evidence you did this job?
If you were paid, was it through normal means?

I would say you best go see your GP and get referals for scans etc. Not sure your going to be able to claim workcover on this.

[Bravotwozero]

Should have claimed Workcover before leaving as I don't believe you can once you leave.

[Melissa]

Was an incident report made? Is your boss aware that you left the job because of this?

I guess you could give Workcover a call tomorrow and find out where you stand. From what I remember, you will have to fill out some Workcover forms, and your boss has to accept liability. But I don't know if you can because you are no longer working for them.

Get yourself checked out by a reliable doctor and make sure you tell them where and how it happened. Then get a second opinion.

Also, make sure you write EVERYTHING down and keep receipts for all medical expenses.

All the best, hope you get better soon.

[SV6SidiUTE]

workcover won't pay you if you were doing it out of "work" i.e. cash money/favours/ etc. Also you have left without saying anything to your employer. AS a rule ALL incidents must be reported immediately.

I don't know how long your pain has been reoccuring, but as a general rule from my own experience ( I used to do weight training for a few years), give it a couple of weeks. If your muscles feel tight, or you have that pinching feeling, it is more than likely your strained muscle/pinched nerve due to the lack of warming up before heavy work. If it is in your spine, then you may have a problem such as crushed/leaking/inflamed cartlidge inbetween your discs.... in that case... good luck to you.

You can always speak up and voice your own opinion (not by being a smartass or anything, but with manners and respect) and remind your employer of conditions you may have. Employers have a lot on their mind, so they may forget occasionally some things.

[bulldog79]

the new laws say that u only have 3 months to claim after u leave a job

[ozz]

If you have 3 months, wait and see if it gets better, chances are you just pulled a muscle from doing work your not used to.
Maybe next time you do manual labour, practice safer lifting methods, might save the grief and thousands your about to cost your employer.

[nathg]

Pretty sure you won't be covered..In the end, it was your choice to do the extra work. Did you only do it because you thought he would fire you if you didn't help out? In relation to scoliosis, I understand what you mean. I myself had a spinal fusion back in 2007 for what would be considered quite severe curvature of the spine, and I am an apprentice mechanic aswell. In saying that, I would not be as stupid to do something that would not cover me outside of work, especially seeing as your boss was aware of your condition.

[ClairBear]

the Boss decided he will get me and the other bloke up his place to do jack hammering.

When you say he decided to get you up his place, did he ask if you would like to help out at his place or tell you that you had to go? Were you paid for this work?

Despite your answers (I am just curious as to how you came to be breaking up and moving concrete for your boss in your own time) I doubt you have any workcover or other work related claims here. Especially as the work performed at your bosses home isn't related to your employment. If you had been working on a car at his place, you could argue it was part of your employment.

Hope your back get better though, a dodgy back for life is not a good thing, so lets hope it's just muscular and temporary.

[BoNeZ-01]

Maybe if you had refused to do the non in-shop related work, it 'may' have been better for you, then you 'may' have been able to put in for unfair dismissal(or whatever it's called now), if your boss had given you the flick for not doing the job *he *asked you to do?

But, having said that, you DID go in to a mechanics apprenticeship, knowing about your back condition, and as we all know, working on cars can(sometimes) be hard on your back too.

So I guess what I'm saying is, if your boss thought you physically capable of working cars, then he also may have thought you physically capable of doing that other non in-shop job too?

I used to work for my step-father as a painter/decorator, he would often give me non on-job, non-painting related work, if there was not enough left for both of us to work on.
Like in between jobs, when we have nearly finished one job, but haven't started the next one yet.

It can often be an employers prerogative to do this, as you are still working under your bosses time, in normal work hours for your wage, not in your own time or over-time.

[FstStig]

Hey Guys,

Thanks for all your replies. In answer to most of your questions. I was sent up there by the boss DURING normal work hours and was paid normal pay rate. I warmed up properly before hand but it wouldn't have really done much considering the wheel barrow had a flat tyre. Apparently there wasn't enough work at the work shop so we were having to work up at the bosses house. No workcover forms have been filled out as of yet and I will be seeing my doctor hopefully sometime this week. The boss has a brother in law who also has Scoliosis in his back. He was telling me how he knew what it was and knows that people with Scoliosis are limited to what we can do. My upper back has been tight, but my lower back has been really sore, was not like this until after i done the Jack Hammering.

Thanks

Mumbo

[BoNeZ-01]

My upper back has been tight, but my lower back has been really sore, was not like this until after i done the Jack Hammering.

Thanks

Mumbo

The pain you are describing sounds like it 'could' be a back joint inflammation, rather than a back injury?
Only reason I say this, is because I inured my lower back at home lifting the wrong way, a small shelf full of books from floor level.
I damaged my SI joint (Sacrum/Ilium joint) on both sides(lost my job because of this).
It is extremely painful when it gets inflamed, all the muscles tighten, which a natural muscle reaction.
The muscles do this to protect you from any further injury, the down side being it pulls even more on any already sore joints you have.
If you can get a docs appointment, they 'may' give you something like anti-inflammatory's(they did for me).
These will relax your muscles, and ease a lot of the pain, so you can recover in a little more comfort.

[ClairBear]

Hmmm, if your boss made you go to his house as part of your normal day to do a job outside of your job description then you may have a claim. Certainly look into it.

[minux]

Ok time for a better reply:

I would assume this is completely illegal as this was not what my Job entitled, it was also away from the business premises.

You assume wrong, while your job description says what you will do, if ther eis other work to do he can ask you to do it. You have every right to refuse, which you did not.

I have since then have had rather bad back pain in my lower back and the rest of my back has been rather tight. This has been making it hard to get out of bed in the morning and to even get up out of a chair. I have since left my job due to the above reasons. What are some of my options that I have?

You have no options.

1. You now claim you have soreness in your back.
2. You left your job claiming this is why.
3. If it is over 30 days and not reported, you cannot make a claim(there are exceptions, but I doubt anything you could come up with would be covered).

You will be shot down attempting to claim as 1. You have to be able to prove the injury was done while in the course of the employment, which you cannot do as byt he soudns of it no report was made. You have also finished your employment. Did your resignation say you finished due to a back injury suffered within that workplace?

You can raise a claim, but the chances of you getting anything are about as good as winning first division lotto. If someone come to me with your story, my first thoughts would be, scam.

http://www.baysidegrp.com.au/assets/...r_claim_1_.pdf

[FstStig]

Thanks for your replies guys. I' am still going to follow through with it as i feel he has done the wrong thing by me, and there is always something to do in the workshop. Still hasn't been over 30 days since it has happened. Will see what the doctor says, as I' am now very limited to what i can lift and how heavy it can be.

[minux]

Thanks for your replies guys. I' am still going to follow through with it as i feel he has done the wrong thing by me, and there is always something to do in the workshop. Still hasn't been over 30 days since it has happened. Will see what the doctor says, as I' am now very limited to what i can lift and how heavy it can be.

Judging by your story he has done nothing wrong?

You best hope you fully disclosed your scoliosis.