Trainer in legal trouble?

[efq]

At my place where I am studying and training to hopefully become a Paramedic, we have a lot of Physical Training involved in the course. The Physical Training is based around the same PT the army use, so it is intense and the trainers aren't nice at all. So yeah the discipline is through the roof and if you aren't in rank correctly or not standing straight, you are down for 50 press ups or holding whatever weight they see fit above your head for as long as they want you too.

Lets clear the basics up, this was a quite a few weeks ago and the trainer involved in this situation who goes by the name Chris, who's an ex Paratrooper and looks like the incredible hulk was taking our class on this Friday afternoon. He is the toughest, strictest and meanest trainer out of the lot, who doesn't smile and practically barges everyone in the corridor, basically everyone ***** a brick when they see him.

Anyway, our group was a 1 minute and 5 seconds late to Chris' physical training lesson and Chris wasn't having any of it. Although the reason of being late was valid, but that's not the point, we deal with punishments all the time, even if the excuse was we were stuck at gun point lmao.

He decided, we would be "punished". This punishment consisted of everyone getting into pairs. Partner 1 would hold up Partner 2's legs, Partner 1 would then have to take 2 steps on there hands, then go down for 3 press ups, then 2 more steps and down again, until they went across the WHOLE sports hall and back. This exercise is like the wheel barrow, but obviously with the press up's involved is a lot intense.

Heres the twist. I had told Chris that I had a curved spine and back problems and I strongly advise I don't do this and that I had a spine and head MRI the next week. He blow me off and told me he didn't care and said get on with it.

So I did it, but then since then my back problems have got a lot worst and I have had to take weeks off. I have also started to lose vision in my right eye, going deaf in my right ear and complete numbness down the right side of my body.

After I started losing my sight, hearing and numbness my doctors fast tracked my MRI so they could see if a Brain Tumour was obvious in the scans to explain the problems above. Whilst I was waiting for my MRI's, I was attending PT sessions weeks after but not participating because of the problems. He came over to me and said in his tough, intimidating voice "Why aren't you doing it?". As there were people around and I didn't want to blurt out "Oh just waiting to see if I have a brain tumour wbu?" I politely said to him "I am awaiting results for a serious problem back from my doctors." To which he replied "I don't really care, take part or go find yourself something to do in reception." and then walked away.

Personally, I found that damn right rude, disrespectful and unprofessional. The whole story and events that occurred where unprofessional to me.

Anyway, I told my doctor that even though I said you told me not to do that stuff and I didn't want to do it but he forced me, my doctors were outraged as were my parents.

We are looking to complain because at the moment I am popping well over 30 pills to deal with pain, movement and my senses and that isn't a life for an 18 year old.

But do you think that the trainer or place would be in trouble if we complained? Or that I shouldn't be in trouble and actually I'm entitled to something after the damage they've caused?

[:odey:]

I guess the case would be, that he wouldn't have physically forced you to do it, I guess? Would he?

You could have just stood your ground & walked out / left etc?

If that really wasn't the option, I'm still not sure you'd have a case, because it would be your word against his I guess?

[efq]

I guess the case would be, that he wouldn't have physically forced you to do it, I guess? Would he?

You could have just stood your ground & walked out / left etc?

If that really wasn't the option, I'm still not sure you'd have a case, because it would be your word against his I guess?
This trainer DOES force you. He's very egotistical. You don't walk out on these teachers, nobody would ever ever dare. He also caused a girl my age, who had back problems, to fracture her vertebrae in that some lesson, she didn't realise but then we had to go to this camp trip a few weeks later and made to do ridiculous things again which really has messed her up for good. She also has

Nobody had ever done this exercise before, and the wheelbarrow exercise size is a complex exercise in its-self, when doing a press ups with your feet elevated exercise both people need to know how to get the back straight, now add walking on your hands with the push ups. Nobody had done this before and we were all certain our tutor told us last week this exercise was banned anyway.

But me and another girl have been out for weeks since that lesson, which both our doctors said that we should have never been forced or pressured into doing that. Especially when the trainer knew about the back problems?

Since that lesson, her doctors is almost guaranteed she has scheuermann's disease, which would've been there before. Now he ignored her reasons as well and now practically has a fractured vertebrae, under the term Spondylolysis and Spondylolisthesis too.

I think that the one lesson, that he has done this, he has not done this since and no other trainer has, that 2 people are instantly out for weeks because of back problems? I think that must say something? Also the place of study isn't exactly great on the communication front and have been ignoring her, her parents, mine, my parents emails for weeks.

The class witnessed and heard me warning him and him blowing me off.
Also two friends of mine heard his rudely and disrespectfully blow off my brain tumour excuse. Also like I said, there is also a girl who has got serious injuries since that event.

[Kushja]

Absolutely you can take this to court, both the trainer and company/course providers would be in trouble. You were scared for your life, by his intimidating ways and tone of voice; the fact you informed him of your back problems etc is enough, no way under any circumstance should you feel pushed into doing something you feel could (and has) mess(ed) you up more.

Providing the college/course/company etc were also informed of your problems/injuries (doesn't matter if not) then you have enough to sue or claim compensation. I suggest you go to a solicitor (apply legal-aid if possible) and discuss this with them, how you felt pushed to do it after warning him of your injuries and that it'd only make them worse etc..

You have a good case, get on it.

[efq]

Absolutely you can take this to court, both the trainer and company/course providers would be in trouble. You were scared for your life, by his intimidating ways and tone of voice; the fact you informed him of your back problems etc is enough, no way under any circumstance should you feel pushed into doing something you feel could (and has) mess(ed) you up more.

Providing the college/course/company etc were also informed of your problems/injuries (doesn't matter if not) then you have enough to sue or claim compensation. I suggest you go to a solicitor (apply legal-aid if possible) and discuss this with them, how you felt pushed to do it after warning him of your injuries and that it'd only make them worse etc..

You have a good case, get on it.
That's what we thought but weren't sure. I have been put out of college and work for weeks because of it. I am limited in movement sometimes and on a cocktail of medication no 18 year old should have to be on.

[Inseriousity.]

That sounds very bad and I think you'd have a strong case here as he's failed in his duty of care although I would have probably went with the "oh just waiting to see if I have a brain tumour, wbu?' response just to see his face. That being said, he did say go to reception and find something else to do so that would probably be his defence.

[efq]

I've just got back from the doctors who's documenting everything. I have also been prescribed a sedative now as I can never sleep.

This is what I have to take daily because of it (despite already being on tons of meds for other reasons):
Tramadol
Amitriptyline
Cyclizine
Zopiclone
Naproxen
Dihydrocodeine
1000MG Paracetamol sometimes

Those are extreme tablets for an 18 year old.


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[scottish]

not reading all the replies but end of days its your fault

he isn't holding a gun at your head threatening to kill you if you don't do it

if you're told not to do it then you should of went to the reception like he said or simply refused, instead of going along with it.

you didn't warn him of whats exactly wrong and no doubt the place didn't tell him either (if they even know?), you said you were getting 'serious results' back from the doctor, i'm sure they've never heard an excuse like that in their life.

[Red]

I got so into reading this story that I missed my train stop... awkward!!
That man sounds like an absolute douche, still thinking he is in the armed forces. How unprofessional that they are ignoring your emails.Yes, I would definitely persue the matter further. The girl should too.

[mrwoooooooo]

He didn't force you to do it.

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[Catchy]

I've just got back from the doctors who's documenting everything. I have also been prescribed a sedative now as I can never sleep.

This is what I have to take daily because of it (despite already being on tons of meds for other reasons):
Tramadol
Amitriptyline
Cyclizine
Zopiclone
Naproxen
Dihydrocodeine
1000MG Paracetamol sometimes

Those are extreme tablets for an 18 year old.


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Omg what the hell, they're all so strong. I remember my mum was on tramadol for a slipped disk, proper zoned her out! I think you deffo have a strong case though even though he didn't force you, he intimidated you.

[Kardan]

He's not forcing you to do it, if you don't want to, then don't do it. I wouldn't. But yes, if you're unhappy, go and put a complaint in.

And have you ever considered if all of this is worth it? To be a paramedic?

[efq]

I'm looking to take the army route in. But he didn't force me as force me to the ground but he intimidates you all, doesn't care what injuries or health problems you have. He has to listen to them to look after his students.

All the tutors are aware of my back problems. It clearly says and warns them I have scoliosis. All the other tutors listen to me. This one guy doesn't care though. There isn't an excuse good enough for him, that will give him the reason to let you sit out. Like I said he has a duty of care and responsibility, he needs to read any students files that have huge medical alert on them, like mine.

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[Kardan]

I'm looking to take the army route in. But he didn't force me as force me to the ground but he intimidates you all, doesn't care what injuries or health problems you have. He has to listen to them to look after his students.


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He may intimidate you, but that doesn't mean you have to take it. And if you are going to become a paramedic, why would you take the army route in? Unless you're wanting to become a field medic (or whatever they're called these days...)

[mrwoooooooo]

Surely the army wouldn't even let you in if you had scoliosis?

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[efq]

He may intimidate you, but that doesn't mean you have to take it. And if you are going to become a paramedic, why would you take the army route in? Unless you're wanting to become a field medic (or whatever they're called these days...)

No, I am looking to take the army route in now. Many people leave the forces and join the Ambulance trust

My doctor contacted them and were not pleased he had made mine and their lives harder. A welfare officer called me to apologise for what had happened and said that my doctor has written me a Fit for Work Statement that says I cannot return to work or study for a few weeks. They kept telling me to take as much time off as I wish and they won't boot me off the course.

Sorry but the woman on the phone sounded like she knew they were in trouble. 2 confirmed serious back injuries from one session that never happened again after that. Including a fractured vertebrae...


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---------- Post added 26-11-2012 at 04:28 PM ----------


Surely the army wouldn't even let you in if you had scoliosis?

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My scoliosis wasn't deemed a big problem when I met up with them. But now it's become a big problem that's left me having to take sedatives.


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[Kardan]

No, I am looking to take the army route in now. Many people leave the forces and join the Ambulance trust

My doctor contacted them and were not pleased he had made mine and their lives harder. A welfare officer called me to apologise for what had happened and said that my doctor has written me a Fit for Work Statement that says I cannot return to work or study for a few weeks. They kept telling me to take as much time off as I wish and they won't boot me off the course.

Sorry but the woman on the phone sounded like she knew they were in trouble. 2 confirmed serious back injuries from one session that never happened again after that. Including a fractured vertebrae...


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---------- Post added 26-11-2012 at 04:28 PM ----------



My scoliosis wasn't deemed a big problem when I met up with them. But now it's become a big problem that's left me having to take sedatives.


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Sorry, I'm confused :P You say you want to take the army route in, and fair enough, and then you say that many people leave the forces to become paramedics, fair enough once again, but why do you have to take the army route? Just because loads of people from the forces become paramedics, don't mean you also have to go through the army route...?

I'm obviously missing something, so ignore me :)

[scottish]

and surely they'll be backed as they won't be liable for injuries that occur to you due to something you done (yes they may have said do it, but if you know you had back problems then you done it then its down to your own stupidity at the end of the day)

[Empired]

I believe this goes under Workplace Discrimination, although it may be different as you are training instead of an actual employee. It can't be that much different though?

Discrimination may happen intentionally or inadvertently—workplaces often have policies that apply to everyone, but some employees may not be able to meet certain expectations for reasons concerning a disability or other prohibited ground. Employers need to examine how their workplace rules might affect employee rights, and then take action to prevent discrimination.


As a supervisor, you have a responsibility to protect the health and safety of employees while they are at work.

There is also a particularly long bit which I don't want to bore you in a quote about that basically says the supervisor (or in this case trainer) is entitled to know about how your medical condition(s) will affect your job performance, but has no right to know what the illness is.
I know this doesn't directly apply to you, but it means he can't pull the "it's not my fault, I didn't know the illness so I thought it was nothing" trick.

Not sure if this'll help or not :P Samm;

[Kyle]

Yes he has a contractual duty of care and yes you could probably claim that you were intimidated into performing the task but why you're attending these sessions in your condition at all when you're well aware that there will be quite a degree of physical strain involved - regardless of who is taking the class - is beyond me...

[GommeInc]

Yes he has a contractual duty of care and yes you could probably claim that you were intimidated into performing the task but why you're attending these sessions in your condition at all when you're well aware that there will be quite a degree of physical strain involved - regardless of who is taking the class - is beyond me...
Agreed with Kyle here.

He may intimidate you, but intimidation isn't forceful behaviour. I have a friend who is training to be a Paramedic and although she is fine now, she did have severe problems with some part of her womanly anatomy (ovaries I think? :P) and she just had to sit out the training and simply not turn up.

If you're turning up to the training sessions you're sort of wasting his time by being there as it is his job to train people, harshly or not. You could file a complaint, but he's not exactly done anything wrong other than have an intimidating personality, which doesn't grab you by the scruff of the neck and force you to do anything. If he threatened physical violence then yes you would have a case, but from the information you've provided he hasn't really done anything wrong.

[Kushja]

That's what we thought but weren't sure. I have been put out of college and work for weeks because of it. I am limited in movement sometimes and on a cocktail of medication no 18 year old should have to be on.

I seriously advise you to go seek legal help, you are entitled to compensation (and also disability allowance and other benefits) but them forcefully pushing you to do something (whether thats the tone of their voice, and/or actions) is absolutely ridiculous and therefore they have pushed you to become absent from college & work. This is absurd, make sure you do see a solicitor or something (they should be able to give you free advice) and then see what goes from there. Don't leave it too late, or nothing will happen.

Just imagine, if you can get nearly £12k from tripping on a slab in the highstreet thats 5mm raised, imagine what you can get for being pushed into doing something that will and has caused you serious medical and future issues.

Good luck!

[efq]

To clear up. I was asked to attend physical training sessions for attendance percentages, that's all.


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[The Don]

Whilst this trainer is coming across as a bit of a nonce, it’s over the top to blame the trainer for you partaking in activity which leads to further injury. You didn’t tell him the extent of your problem because you didn’t want other people to hear so how was he to know how serious it was. He’s not Derren Brown, unless you tell him what’s wrong he’s going to assume it’s something minor since you were there watching anyway and not bedridden or something. Unless he physically makes you do something, then he isn’t forcing you whatsoever. It’s his job to be strict as he is after all training people who are going to require extreme discipline.

[Samantha]

Hopefully you get it sorted, has he been a trainer there long or is he new? You could attempt to claim just to see what happens!

[Jack!]

You felt intimidated and that you had to do it, that's what it comes down you, you told him you had a back problem, He said get on with it, If you felt intimidated in to doing it that's grounds to go on.

But it would be your word against his, but obviously there were witnesses, I would go for it.