Once again I find myself up at 3am – arms seem to want to keep me awake and require the rest of my body to follow and go in sympathy but there again you all know what it is like. Thanks for answering my questions to give you and others more ideas and answers I have found, by a friend who has been fighting for 21 yrs to prove his points, will probably shock and surprise you all. But first let me say that your union solicitors seem to be saying this to everyone DO NOT GIVE IN they all seem to tell people this. I have been there they do not want everything to get out in the open. Let me quote something I have found on the web but had it verified by a solicitor friend. Most R.S.I. injuries are made for diffused R.S.I. used for generalised aches and pains as excuse for claims, diffuse pain is often used when diagnosis is often not possible, but conditions can be of natural courses not work related, In occupational claims 3 tests of law must be satisfied to get damages.
- To show some form of injury occurred – courts can and will give damages for none specific diffuse pain.
- Foresee ability – was it foreseeable, where your employers negligent.
- Any breach of duty;
- Was there an assessment?
- Warning of pain/injury
- Were there complaints?
If they knew that injuries were foreseeable and they knew then that would constitute negligence and if you showed that work contributed to your injuries you have a chance. Unquote!
By what you said something looks wrong, was there the correct lifting gear for the task, was there correct training for the task, were there two people to lift when needed? All questionable. It sounds like you are in the same boat as others and myself are facing. But next time you go to your doctors or hospital in fact anyone with lower back complaints ask them,” Am I suffering from THE CREEP EFFECT “and watch their faces change. It is a known medical disorder, which they know about but do not want to tell you. If they ask how you know about it say it has been documented by The Robens Institute of Surrey. I have the papers. It was rife in the building trade and the nursing trade. It affects the lower discs L3, L4, L5, and S1. Basically you may have hurt your back years ago but with keep lifting it causes the compression of the spine when carrying under weight, to not go back to its neutral position and keeps compressed. I can give more details later this condition is usually put down to normal wear and tear DO NOT BE FOBBED OFF. I have been confirmed with this by my doctor physio and surgeon. It has been known for at least 30years but watch their faces change when you mention creep effect, just to confirm it exists and has an effect for trades when known.
Just look how the nursing trade changed in lifting patients and more so the building trade weights halved. Sand bags cement all went smaller they got their work sorted and cleaned up. I found all this out by a fellow sufferer 8months ago; it was a shock for me. The T.V. trade knew about this problem like others nearly 40years so about getting in contact with consumer programs forget it I have letters to prove they knew and the papers hopefully if more people get together as one voice we may have a better chance. Try writing to Tony Blair Sheri Blair QC, John Prescott, Your local M.P. M.E.P. Then if all else fails write to Commission of the European community, they all know about the problems. If you require addresses let me know if you have lower back and arm problems write to your MP they have all had letters sent and as many others you can find. Very shortly I will give you some web sites to try and a new site on the T.V. trade and the creep effect which will shock even more but for now one very good book to get is, A B C of Work Related Disorders, written by David Snashall BMJ Publishing ISBN 0-7279-1154-0 it will help everyone with RSI it costs about £20 or from your local library. It does give good advice. I hope I have not gone on too long but there is a lot of information people need to know and things that could possibly help you all. Remember do not suffer in silence. Good luck.
Comment: You mention the 3 tests of law. But what about causation? Or have I missed something?