My wife works in a care home. There are heavy residents there, and she hurt her back quite badly lifting one of them. There is a hoist at this home, but it is broken. She went to a doctor and got signed off for a week. Then she went back to work for a day, and had really bad back problems, so she went back to the doctor, and got a further 2 weeks sick note. Today, when she phoned her manager, she was informed that when she comes back, she will be sacked as she is a liability.She has worked there for 6 months. What rights does she have? Would it be a good idea to make a claim to an accident claim solicitor? Best informed answer gets the points.
First she should get a hold of the state inspectors to let them know the violation of the care home not having a hoist. She can tell them what happened to her and that now her job is at stake. She can also get a hold of an attorney who specializes in workers comp cases to talk to them about her case. They should have had the right equipment and since they didnt she hurt herself due to there negligence, this in turn makes the company responsible for her injuries and they should not be able to fire her for this.
Go to a lawyer; most of them give free consultations. Also, you never mentioned what state this accident occurred. There are some states that are called at will to work states, and they can pretty much fire you for anything. Trust me; my husband was fired shortly after having two fingers mangled in a crane engine while working for a company in Louisiana (an at will to work state). Also, you may want to call OSHA to alert them about their unsafe working conditions.
The work of a nurses aide, practical nurse, or whatever the position is called where you are, has the highest number of workers compensation or on-the-job accident reports than any other occupation. Within that occupation, lifting patients causes the greatest number of injury reports. These are facts. Contact a lawyer who specializes in labor related claims. Don't wait much longer as such claims are complicated and time consuming. Good luck!
It sounds like your not from the US, if you were the company your wife works for would of had your wife fill out Workman's Compensation papers. Which protects your wife and pays her medical bills surgeries, medications, that involve her injury. She would also be paid weekly till she recovered from her injury and returned to work. We also have the Medical act in place , which allows employees not to lose their jobs on medical leave.
She waited too long to make any claims against the home. My first job I was a nursing asst., If the hoyer lift was broken and you lifted that person......who is a mechanical assted ambulator, then you are not following protocal and assume the responsabilty. I've seen it a million times...and any Nurse or home health aid or nursing aid will tell you this. You can not go outside the guidelines of care instructed by the patients doctor. It's the same as having a bedstricken patient and walking them to the bathroom. If they fall YOUR screwed, if your hurt yourself in the process...YOUR still screwed. If the machine is broken then they stay in bed. It's not fair, but your wife endagered the patient by moving them without the appropriate equipment. So even if she had filed for some sort of grivence against the Home, it would never stand up. In the long run she would lose her certificate and possibly be fined for neglectful care. to make a quick point, hoyers break all the time. Any lawyer will gladly take your money on this........I should know my husband is a lawyer. But you wouldn't win, just lose more money then the time out of work.
