We will assess your injury claim We will assess your injury claim

Compensation for Lifting Injury in Farm

What happens if an employer refuses to allow me to return to work after claiming compensation for lifting injury in farm?

Question:

What happens if an employer refuses to allow me to return to work after claiming compensation for lifting injury in farm?

Answer:

There may be several reasons for your employer refusing to allow you back to work after claiming compensation for lifting injury in farm – some justifiable, some not.

If an employer is not allowing you to return to work because he does not believe you are fit enough to resume your duties, then he is perfectly within his rights to do so. If you have sustained an injury from lifting on a farm, and the work that you would be doing on your return also involves substantial lifting duties, your employer is being perfectly reasonable in watching out for your future health and possibly protecting himself against a future lifting injury in farm compensation claim.

Provided that you have an employment contract, your employer will have to pay your wages all the time you are not working due to your farm lifting injury, unless time-limited loss of earnings was included in your lifting injury in farm compensation settlement.

However, if your employer is denying you employment as retribution for making a claim for lifting injury in farm compensation, then he may be in breach of employment regulations – depending on your employment status. If you are a casual or contracted worker, proving that your “employer” is discriminating against you will be very difficult. If you have an employment contract, and your employer refuses to let you work – and fails to pay you during this enforced absence – you will have to take him to an employment tribunal on grounds of discrimination.

The best person to help you with such a claim might not always be the solicitor who assisted you with your lifting injury in farm compensation claim as employment law differs considerably from personal injury law, but it is advisable to speak with a solicitor at the earliest possible opportunity once you have established the reason why an employer is refusing to allow you to return to work after claiming compensation for lifting injury in farm.