Personal Injury claims

[RJs Tankard]

Anyone ever put a claim in against their employer for a personal injury?

I'm thinking of doing it, but feeling slightly nervous for some reason. I don't want it turning into a complicated, drawn out affair.

Basically, I've been off work for the past 13 months due to work related injuries and had two operations so far. Despite those, I'm still in pain as one operation hasn't been a success (in fact, its made it worse) and a third operation is now looking highly likely. I'll know for certain next week.

I don't see why I should suffer with pain, constant hospital trips for check-ups and physio, etc, whilst my employer is carrying on as normal.

Health and safety is non-existant there, and I'm never going back. Its a death trap.

My employer is very stubborn though, and he's one of those people that will fight until the very end. He's one of those types that think that he's constantly right. If he's right, he's right - and if he's wrong, he's still right. I doubt he'd admit liability, so I suspect it would become long, drawn out and messy. I just want to recover without those stresses being added.

Anyone ever done it? Is it long and complicated? Is it actually worth doing?

 

[Apocalypse Now]

Most solicitors offer 30 minutes free, so would go to a decent one and see what they say.

 

[Burton Wolf]

Most solicitors offer 30 minutes free, so would go to a decent one and see what they say.

I'll second that, you have nothing to lose if you aren't going back.

 

[WasStefan]

Go for it. What's the worst that can happen?

 

[Rockstar Wolf]

Most organisations have a department set up, or protocols in place to deal with such claims and instances. If you were to claim, it would hardly come as a shock to them if, as you say, you have a case to put forward. The whole affair would be dealt with by solicitors, with occasional input from yourself, and if you are not to return, then win or lose, ultimately it wont change your work situation.
If your company is as sub-standard as you suggest, then it certainly will not be a long drawn out affair, any solicitor worth his/her salt will pick up on these discrepancies and exploit them in your favour. Your employer can be "stubborn" and "fight until the very end" but the law is the law, and if they are not conforming to H&S standards, then you could be in for a quick, and profitable win.

 

[50pencehead]

Where there's blame, there's a claim

 

[Dewsburywolf]

Probably being a bit thick here but if your injury was caused by an accident at work (& 13 months ago to boot) how come you haven't put a claim in already?

 

[Scott.Cooper]

To be honest, whether he accepts liability or not will be pretty much irrelevant as you will be claiming against his insurance policy, not him. It will therefore be the decision of his insurance company and they will want to avoid litigation.

My girlfriend is a defendant counter-fraud lawyer (she does some work in the personal injury sector) so if you have any questions PM me and I'll ask her as she was a claimant solicitor before defendant.

 

[johnybig32]

Go on Jeremy Kyle.

 

[RJs Tankard]

Probably being a bit thick here but if your injury was caused by an accident at work (& 13 months ago to boot) how come you haven't put a claim in already?

Because treatment is still ongoing, and there could be another issue going on which they'll find out in nerve tests next week. I didn't want to put a claim in earlier, whilst treatment is still going on, and losing out on more money that I could be entitled to.

Go on Jeremy Kyle.

My mate works as a camera girl on that show. Unfortunately, due to ITV cut backs, they're not filming any more shows for a while once they've completed the current filming - however, she has told me to reassure you that your scheduled appearance remains unaffected as you applied just in time, and she says that the Jeremy Kyle team look forward to welcoming you on the show.

 

[derbyrameater]

I assume it`s non unionised, or has a union which is not good at local level.

If a TU exists they should/will fight your case for you with no solicitors getting a slice.

One reason for TUs.

 

[RJs Tankard]

Most organisations have a department set up, or protocols in place to deal with such claims and instances. If you were to claim, it would hardly come as a shock to them if, as you say, you have a case to put forward. The whole affair would be dealt with by solicitors, with occasional input from yourself, and if you are not to return, then win or lose, ultimately it wont change your work situation.
If your company is as sub-standard as you suggest, then it certainly will not be a long drawn out affair, any solicitor worth his/her salt will pick up on these discrepancies and exploit them in your favour. Your employer can be "stubborn" and "fight until the very end" but the law is the law, and if they are not conforming to H&S standards, then you could be in for a quick, and profitable win.

Where I worked was a small company - just my boss and his secretary in the office, and myself on the workshop. They don't have anything else in place. They don't even have an accident record book, fire exits are either locked or obstructed, machines haven't been serviced or maintained in years. The whole place is a ticking timebomb.

Solicitors should be able to make mincemeat of him - but I just know he'll be very difficult about the whole thing. Tough though. I don't see why he should carry on as normal whilst i'm struggling on.

 

[derbyrameater]

someone posts on here who has something to do with H&S and could give good advice on your last post as it sounds like he should be heavily fined or inside.

 

[tiggerkev]

Speaking from personal experience RS it is a pain in the a***. I had an accident early 2010. I have claimed against my old boss, or should say his insurance and have been told that the insurance wasn't valid in the permises I was working in.

He has said that if we claim against him he will just go bankrupt. I also found out that he did not pay my tax or NI. On top of that I was not allowed to claim benifit as they said he should have been paying my wages.

I am still waiting. I need an operation to get me back 100% but have started a new job and am reluctant to take the time for the operation. Hence my claim amout has been reduced.


Hope yours goes better mate.

 

[UEAwolf]

Anyone ever put a claim in against their employer for a personal injury?

I'm thinking of doing it, but feeling slightly nervous for some reason. I don't want it turning into a complicated, drawn out affair.

Basically, I've been off work for the past 13 months due to work related injuries and had two operations so far. Despite those, I'm still in pain as one operation hasn't been a success (in fact, its made it worse) and a third operation is now looking highly likely. I'll know for certain next week.

I don't see why I should suffer with pain, constant hospital trips for check-ups and physio, etc, whilst my employer is carrying on as normal.

Health and safety is non-existant there, and I'm never going back. Its a death trap.

My employer is very stubborn though, and he's one of those people that will fight until the very end. He's one of those types that think that he's constantly right. If he's right, he's right - and if he's wrong, he's still right. I doubt he'd admit liability, so I suspect it would become long, drawn out and messy. I just want to recover without those stresses being added.

Anyone ever done it? Is it long and complicated? Is it actually worth doing?

In your case it is definitely worth doing it considering you are still suffering and have no intention of returning.

Usually such cases are 'no win - no fee' - the lawyers' fees will be paid by the other side should you win. If you lose, your lawyers' fees will be covered by their insurers.

I'd avoid going with the firms you see on the tv as they are usually staffed by paralegals and its very much a sausage machine type operation.

I'm not sure where you're based, but Hatchers and Lanyon Bowlder are two decent Shropshire firms. The former being better in that area imo.

 

[UEAwolf]

http://www.hatchers.co.uk/site/ourpeople/people/servicearea[injuryclaims]

 

[KiwiWolf]

http://www.hatchers.co.uk/site/ourpeople/people/servicearea[injuryclaims]

Good shout that! I know this firm through our Chamber of Commerce, well worth a punt!

 

[RJs Tankard]

In your case it is definitely worth doing it considering you are still suffering and have no intention of returning.

Usually such cases are 'no win - no fee' - the lawyers' fees will be paid by the other side should you win. If you lose, your lawyers' fees will be covered by their insurers.

I'd avoid going with the firms you see on the tv as they are usually staffed by paralegals and its very much a sausage machine type operation.

I'm not sure where you're based, but Hatchers and Lanyon Bowlder are two decent Shropshire firms. The former being better in that area imo.

Thanks for that mate. Thats how I thought it worked these days, so I think I may pursue it. Nothing to lose. At the end of the day, i've lost out on around £18,000 income so far - with more to follow too, so I think its only fair that he takes some responsibility and I get the money I would have been entitled to, back in my pocket.

I'm not in Shropshire though, so I doubt those solicitors would deal with my case. I'd have to look for something closer to home.

As for avoiding TV firms - would using someone like Rapid, who claim to specialise in occupation/personal injuries be a bad move then rather than using a local solicitor that handles all sorts of law cases? I would have thought a "specialist" may be more suited to something like this?

 

[RJs Tankard]

Speaking from personal experience RS it is a pain in the a***. I had an accident early 2010. I have claimed against my old boss, or should say his insurance and have been told that the insurance wasn't valid in the permises I was working in.

He has said that if we claim against him he will just go bankrupt. I also found out that he did not pay my tax or NI. On top of that I was not allowed to claim benifit as they said he should have been paying my wages.

I am still waiting. I need an operation to get me back 100% but have started a new job and am reluctant to take the time for the operation. Hence my claim amout has been reduced.


Hope yours goes better mate.

Sorry to hear about that mate. Sounds like a right cowboy to work for - and is probably using the threat of going bankrupt just to put you off. I'd do it anyway - just to inconvenience him if anything. If he does go bankrupt, then so what? It'll teach him for having the incorrect insurance, and for being rather dodgy.

 

[UEAwolf]

No, not necessarily a bad move. However, most law firms (high street/regional) will have a dedicated personal injury solicitor(s). They will more likely than not offer a 'no win no fee' type fee structure too and will be equally as experienced/knowledgeable and are more likely to deal with you face to face rather than over the phone.

As a solicitor myself, I would always use a respected local firm over a stack 'em high type operation.

 

[johnybig32]

Because treatment is still ongoing, and there could be another issue going on which they'll find out in nerve tests next week. I didn't want to put a claim in earlier, whilst treatment is still going on, and losing out on more money that I could be entitled to.



My mate works as a camera girl on that show. Unfortunately, due to ITV cut backs, they're not filming any more shows for a while once they've completed the current filming - however, she has told me to reassure you that your scheduled appearance remains unaffected as you applied just in time, and she says that the Jeremy Kyle team look forward to welcoming you on the show.

Thank heavens for that.

 

[RJs Tankard]

No, not necessarily a bad move. However, most law firms (high street/regional) will have a dedicated personal injury solicitor(s). They will more likely than not offer a 'no win no fee' type fee structure too and will be equally as experienced/knowledgeable and are more likely to deal with you face to face rather than over the phone.

As a solicitor myself, I would always use a respected local firm over a stack 'em high type operation.

Thanks very much mate. Much appreciated

 

[Ponty]

The greatest difficulty in PI cases is proving the employer’s liability. Yours sounds like that may not be a problem. I have close personal experience of a case for stress against the NHS. It took a week less than 4 years to get a settlement - 2 days before an appearance in the Royal Courts of Justice.

The only way to pursue it is contact a solicitor and see if they think you have a case. If you have go for it, but if they will take it on be prepared for a long and bumpy ride.

Good luck.

 

[derbyrameater]

Sorry to hear about that mate. Sounds like a right cowboy to work for - and is probably using the threat of going bankrupt just to put you off. I'd do it anyway - just to inconvenience him if anything. If he does go bankrupt, then so what? It'll teach him for having the incorrect insurance, and for being rather dodgy.

He sounds so dodgy will he even have insurance?

He goes bankrupt and opens a week later under a new trading name welcome to H&S in the UK.

 

[RJs Tankard]

The greatest difficulty in PI cases is proving the employer’s liability. Yours sounds like that may not be a problem.

I've worked in a workshop for 16 years. The majority of each day is spent using hand held grinders, and constant hammering and chiseling. As a result, i've had operations on one of the main nerves in each arm. Despite that, I still have problems with the right arm - and I may need another op on my Carpal Tunnel now.

My GP advised me to quit that job because that type of work is associated with those kind of injuries. It builds up over a number of years.

I put it in writing to my employer a couple of years ago, and his response was "its only as form of tennis elbow" - and he walked off. As I was the only workshop employee, there wasn't anyone else to do the work to take some of the strain off me. My boss has been very ignorant of my injuries so far - when I gave him my first sick note from mp GP stating that he'd signed me off as unfit to work, my boss pulled faces and shrugged as if he didn't believe it. Needless to say, I lost my patience with him and gave him a gob full of what I felt about his attitude.

Therefore, I don't think there will be any problem proving that its been caused by my job - particularly when both my GP and consultant stated that it was caused through my job.

 

[derbyrameater]

My brother was involved in an Industrial injury claim (test case if he won there were others with the same injury).

It went on for nearly 8 years as they insisted on more medical (tests) evidence if it didn`t fit their (insurance company) agenda.

I don`t think any solicitor would take on a case they thought would last that long and the costs were enormous.

 

[Ponty]

Dealing with a private insurer may make it quicker as they won’t want the costs too rack up. The NHS barely considered the case I was involved with for a number of years - they just denied liability and hoped we’d go away. In the end if you’ve got very good evidence linking the injury to your employment and it was foreseeable an insurer may choose to cut their losses sooner rather than later. In my case the injury was stress related and very difficult to prove but in the end we did, but not without visits to Harley Street and St Thomas’s.