Workers and back pain

If you are employed and you develop severe back pain, or an existing condition worsens, there are several things you can do to enhance the possibility of remaining in employment.

Do not make any major decisions on your future until you have all the information to hand.

Think through your job description and work pattern. Consider any areas where you might now have difficulty, such as lifting or sitting in the same place for too long. Plan how you could do things differently, keep moving, and remain an effective employee.

You might be entitled to equipment, other than that which your employer currently provides. For example, you may need a different chair or additions to your work station. If your employer feels that they cannot provide more than basic equipment, you can both be assisted under a government scheme called Access to Work. For this assessment you will need to contact the Disability Employment Advisor (DEA).

It can be quite difficult to think in terms of disability, but you may be protected under the Disability Discrimination Act (DDA). The definition under the Act is as follows:

Anyone generally regarded as disabled. "A physical or mental impairment which has a substantial and long-term adverse effect on a person's ability to carry out normal day-to-day activities, lasting, or likely to last at least 12 months".

You also qualify if you come under the following descriptions:-

"People with some long-lasting or permanent conditions, such as arthritis, can experience periods without substantial effects."

"Some long-lasting or permanent conditions can have their substantial effects greatly reduced or removed by medication or other treatment."

As the above definitions show, you do not have to be a wheelchair user to qualify. You will be covered by the Act if your employer has 15 or more employees Ð that is people, not full time equivalent. If so, you are entitled to reasonable adjustments. You must inform your manager of your condition, and that you may be needing reasonable adjustments as described under the Act.

The DEA can support you in negotiations for reasonable adjustments. If you are experiencing a great deal of fatigue, you might wish to reduce the hours you work.

If it takes you a while to "get going" in the morning, a reasonable adjustment might be a later start each morning.

If you do a manual job, you may need a change of department, or retraining for another job within the firm.

If you do not drive, public transport may be difficult because of access or discomfort. The DEA can arrange for a taxi to work.

Always remember that your employer is not a mind reader. He or she may want to help, apart from being compelled to comply with the DDA, and Health and Safety legislation. Keep in contact with your employer, and tell them you would like to be involved in discussions about new ways of working.

If you are on sick leave, ensure that you keep your employer informed of your progress. A doctor's certificate only gives basic information on diagnosis and date of renewal of certificate. If it seems likely that your sick leave will last longer than the statutory period of 28 weeks, make sure that you receive a form, SSP(1) (T), after 23 weeks. This will entitle you to benefit provision.

If difficulties coping at home impinge on your working life, you may like to ask for an occupational health assessment at home. It is natural to want to "cope," but there may be some equipment which could help you to continue activities, and may help to reduce fatigue and pain. You can refer yourself to social services, or ask your doctor to refer you

You may be entitled to Disability Living Allowance, which has care and mobility components. Contact a Benefits Advisor.

Contact BackCare for information on pain management courses and for support.

The only grounds for dismissal is if you can no longer do the job, and your employer cannot provide you with reasonable adjustments, or an alternative post with retraining within the same firm. The police force, fire and prison services are regarded as exempt form the DDA.

If you are offered ill health retirement, take a range of advice, including your DEA and BackCare, and make your own informed decision.

Contact Information

Benefits advice.

Look in the telephone directory under BA Benefits Agency. There will be a number for the Benefit Enquiry Line, for people with disabilities. It is usually a free phone, as long as it is not called from a mobile.

It might be worth contacting the Citizens Advice Bureau which will also be able to give limited advice, but may know of other sources of help in your area.

Equipment, Advice and Support to Retain Employment

Look in the telephone directory under Employment Service. There will be a list of job centres. Phone the one nearest to you and ask to speak to the Disability Employment Advisor. DEAs often have to cover more than one area, so they may not be available when you call. You will have to make an appointment.

If you have access needs, ask about facilities at the job centre. They are getting better, but some still have difficulties. The DEA will probably make a home visit if necessary.

Disability Discrimination Act

There are several guides to the Disability Discrimination Act, obtainable from:-

Disability on the Agenda
FREEPOST
Bristol BS38 7DE
Tel. 0345 622 644

Work information from BackCare Booklet: Back in the Office.