On Monday 26 November 2007 23:09:07 ken barber wrote:
> how would i reach DREDF. I'D FEEL better if the next
> person had a better chance.
> but hey, i am still super gimp. i can't be hurt
> becouse i have CP. the government keeps affirming
> that.
>
Hi Ken,
Just had a thought, may be bonkers.
If I understand their logic correctly:-
A non-CP person doing the same job as you would not have suffered your back
problems, ergo, the fact you DID suffer a back problem, MUST be due to your
pre-existing CP condition.
I can see how that logic would be attractive to them!!!
However, can't you use that same logic against them?
If job+CP = CP BackProblem then couldn't you argue that because you had CP and
did that particular job then getting a back problem was inevitable and should
have been foreseen by your employer. Who, since it is inevitable, because
you have CP (according to their logic), would then be obligated to take steps
to ameliorate the condition.
This is the same logic as someone who gets RSI, the employer should change the
ergonomics so that further damage does not occur.
This is a subtle difference from what you argued (that the job caused your
back problems because you had CP). Rather, the back problems were caused by
your CP, and your employer should have foreseen it and made any necessary
accomodations to minimise the chance of it happening (switching it from a
purely health/employment issue, to a disability accomodation issue). For
example:-
Were you regularly ergonomically assessed, for correct posture/working
position?
Were you offered the opportunity to do "remote" working from home?
Were you offered flexible working hours so you could minimise travel time by
not hitting the rush hour.
All these things may have delayed or prevented the onset of your back
problems, so if they weren't offered, shouldn't your employer be liable.
Incidentally, I receive all 3 of these accomodations, so if I did develop a
back problem I couldn't sue (shame!!).
Of course I don't know the disability employment laws in the US, but in the UK
there is quite a bit of legislation that would be useful.
Cheers
Deri
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