We can help you claim
compensation following an accident
illness or injury - nationwide
Call: 0800 10 757 95
Government plans to try to tackle a perceived sickness culture in Britain is generating much comment and debate among interested parties in the media including personal injury lawyers.
A consultation is underway, organised by the Department for Work and Pensions, on scrapping the sick note and replacing it with a so called 'well note' or 'fit note' in spring 2010.
It follows a review that highlighted the annual cost of sickness absence and unemployment due to ill health in the UK to be as high as £100bn, a figure larger than the NHS spending budget.
Some 172 million working days are said to be lost each year due to sickness with 2.6m people claiming incapacity benefit.
The consultation describes evidence that "suggests" more than 90% of people with common health problems could be helped to work while numbers claiming incapacity benefit could be cut by between 20% and 60%.
It is also suggested that employers should be provided with more advice and information to encourage them to invest in employees' health.
Personal injury lawyers debate 'sick note' consultation
A review about the health of the working population - connected to the consultation - highlighted how GPs have insufficient training on best advising patients about staying in and getting back to work.
Deficiencies in support structures for early stages of sickness, including options for referral by GPs, were also highlighted.
One of the criticisms of the current 'sickness culture' was that sick notes focus on what employees cannot do and the consultation is recommending a change in attitude to consider what they can do.
A 'fit note' system would provide advice for employee - and possibly employers - about any improvements or changes at work that could help return to employment.
GPs could signal that employees "may be fit for some work now" with details of their capabilities, although employers will not be forced to implement any recommendations.
More GP referral options are also planned to help employees handle with the reason for their absence from work such as providing access to physiotherapy, counselling, occupational health advice or help with social issues such as financial, family or housing matters.
It is hoped improved communications between doctors, employees and employers could help sickness absences be better managed, possibly identifying absenteeism patterns that might alert employers to health problems.
Sick employees will be forced to work say personal injury lawyers
Thompsons Solicitors, one of the UK's trade union and personal injury law firms, is concerned injured and sick people would be forced back to work before they are fit to return.
The firm is critical of the voluntary approach to reform of the system, pointing out that employers already fail to make necessary work adjustments in ill health situations.
Thompsons pointed out that employers could take someone back before they were ready - even coerce them to do so - and then dismiss them when they cannot cope.
A spokesman at the law firm was also critical about linking well or fit notes with access to the state's financial allowances for employment and support, saying, "This is fundamentally wrong. The government's new work-health strategy must focus on the employer's duty to help people back to work.
"As with rehabilitation, it cannot be used as a stick with which to beat the sick and injured. Hard working families who have lost income through no fault of their own must not be further punished."
Other personal injury lawyers are also critical of the government plans, believing employers must be compelled to change working conditions for employees injured or sick as a result of work. If employers were not forced to make changes, alter duties, adjust work stations and so on, then people will either be unable to return to work, or will do so only to go off sick again.
