who is a fault

hi is there anybody who knows the answer to this. if the dwp declared you fit for work after a assessment and you went back to work and you end up injuring someone or yourself due to one of your medical conditions like fatigue or short term memory loss who would be at fault the dwp for forcing you back to work or yourself. thanks maco100

[Littlemole43]

Sounds like DWP surly it's on their heads , they made you return when you wasn't fit enough . I haven't had my assessment yet but I've heard they are very harsh on sick people . They should try putting themselves in our shoe's . If it was me I would definitely take it further .

Hope you get help with this keep us updated .

[Hidden in reply to Littlemole43]

hi no it has not happened to me just trying to find out. as there forcing so many ill ppl back to work. i am sure its gonna happen. thanks maco100

[Bambamsnan]

What a very very good question and I'd love to hear the answer to this as well Hidden because if the declare me fit for work it won't be good as I am a driver good luck finding the answer out 🖒👌

[Trikki]

Mmmmmmm!!! Food for thought! x

[Hidden]

Food for thought!!! I think the employer would be at fault, they should be asking you why you,ve been off work for so long, making contingency plans to accommodate your needs and if its a new job I think I would be telling any potential employer my condition, how it affects me daily, not to operate machinery, not to be expected to lift heavy objects incl people,, All employers have to employ people with disabilities and accommodate their needs in the workplace to protect them and their work colleagues..

[Janet28]

Hi Hidden Very good question but I would deffo say, employer for employing you, BUT it shouldn't be, should it ? It's discriminating to not employ you because of past health issues. A lot of jobs send for medical records or you have to sign a contract to say you have a clean bill of health so they would by the end of the interview process would know you have had a lot of health problems. Your health records are going to clearly say your unwell, so would they employ you. Well ive had that debate with myself, it really is a bad position to be in, can't get job, can't get benefits ?.

Luv Jan x

[Hidden]

You would declare any health risks at your interview then the responsibility lies with your employer disability needs should be catered for but being disabled and sick you should appeal the decision as there should be protection under regulation 35 or UC reg 29

[angiesmith50]

Hiya Hidden my Dad said this to me the other day. My Doc had written a letter stating I could not work, and my Dad said that to go against a Doctors opinion and send you to work is wrong on every level. If you got injured you should be able to sue the dwp xx

[Hidden]

just like to thank all those who replied. thanks maco100

[bluebell99]

Hi Hidden it is a very interesting question as the discussion on the Government's Green Paper ends in February. This is where they are proposing to assess all claimants to go to work.

It will be done by people in the Job Centre who have little or no medical knowledge but whose task it is to get you to have a job, any job. They want the ESA and PIP bill reduced and their way of looking at it is most people can do work of some sort, even if you have been previously medically assessed as unfit.

So, to take your question further, is it the DWP decision maker, (who will remain anonymous), Job Centre Person, you or your employer? (who has probably been given tax breaks and other incentives to employ you)

You are welcome of course to discuss the "merits" of this with your MP.

Kay

[TheAuthor]

Hi my friend

It really is a very good question as I do not think the DWP has any legal liability on anything to do with this? It would be written into the statute books I would have thought? Any employer is liable for the health and safety of their employees. Therefore I agree with your other respondents on this and it would be the employer who is ultimately responsible.

All my hopes and dreams for you

Ken

[Hidden in reply to TheAuthor]

Thanks for that ken

[TheAuthor in reply to Hidden]

Good luck my friend.

[reconoistre]

DWP won't take ownership of their culpable behaviour they regularly violate human rights and international treaty obligations because people let them get away with it.

[Hidden in reply to reconoistre]

Tory austerity now lying in tatters but they still want to punish the disabled and poor

[gracesgrandma]

Hi this is a really good question. Surely most company insurances would not insure the likes of us precisely for the points you have made. Well done Maco100

[Hidden in reply to gracesgrandma]

meanwhile the dwp will continue to declare ppl fit for work when there not fit for work

[Hidden]

Was thinking same thing yesterday as doing something for yourself is one thing but doing it for others is something else as if your tired/ill/incapable you stop/don't do but if doing it for others your pushed/expected to do it so in essence they should be culpable

[Hidden]

But an easy one is say to them when push you into something! if you sign this to say take responsibility for it then ok as i take no responsibility myself as in capable

[Hidden]

Thanks for the replies ocsarbravo