Major accident at work, settle or sue? Opinions/advice pls
Discussion
SunnyD said:
I'm concerned that if he settles like this he might get taken for a ride. And how is he to know if he's being given a fair deal with the settlement sum? But I can understand that he doesn't want to create tension etc at work in the future.
I've never been in this kind of situation and don't know what to advise. What are the downsides of settling? Anyone got any experience with this kind of thing? TIA
So dont - step out of giving advice and let him deal with it how he wants to. If they bung him 3 figures to consider his options, and he's happy with that then that's fair for all involved. I've never been in this kind of situation and don't know what to advise. What are the downsides of settling? Anyone got any experience with this kind of thing? TIA
By way of comparison, one of my ex colleagues was working as an engineer for a comms company and knackered up his knee. They came to him with an offer to retire early, a regular payment each month and a lump sum upfront which was a standard package they had, and was offered to anyone who suffered similar on the job.
Soov they're a huge international co, this won't be a big amount of money to them.
They've said they use industry standard formulae for calculating compensation amounts and will use his own medical consultant to conduct the analysis. I don't know whether if he goes through the company can he get a solicitor involved at the end of the process to ensure he's getting a fair deal? Or does it not work like that?
He can't work atm as he can't walk (he's being paid though), and he can't do his job effectively from home. As long as he can drive after this then yes there's no reason why he can't go back to work which he's keen to do. He is a regular gym goer and very active so it remains to be seen if that is affected.
They've said they use industry standard formulae for calculating compensation amounts and will use his own medical consultant to conduct the analysis. I don't know whether if he goes through the company can he get a solicitor involved at the end of the process to ensure he's getting a fair deal? Or does it not work like that?
He can't work atm as he can't walk (he's being paid though), and he can't do his job effectively from home. As long as he can drive after this then yes there's no reason why he can't go back to work which he's keen to do. He is a regular gym goer and very active so it remains to be seen if that is affected.
how old is the chap?
Not so much a problem he is nearly at retirement age anyway, but the younger he is, the more a potential claim is worth.
At the very very least, the company should pay for him to get independent legal advice.
As above though, I would advise to get a decent firm to deal with the whole claim
Not so much a problem he is nearly at retirement age anyway, but the younger he is, the more a potential claim is worth.
At the very very least, the company should pay for him to get independent legal advice.
As above though, I would advise to get a decent firm to deal with the whole claim
SunnyD said:
Soov they're a huge international co, this won't be a big amount of money to them.
They've said they use industry standard formulae for calculating compensation amounts and will use his own medical consultant to conduct the analysis. I don't know whether if he goes through the company can he get a solicitor involved at the end of the process to ensure he's getting a fair deal? Or does it not work like that?
He can't work atm as he can't walk (he's being paid though), and he can't do his job effectively from home. As long as he can drive after this then yes there's no reason why he can't go back to work which he's keen to do. He is a regular gym goer and very active so it remains to be seen if that is affected.
Why is he not getting a solicitor involved immediately? I fail to understand why anyone wouldn't want qualified representation in a situation like this rather than asking questions on a forum.They've said they use industry standard formulae for calculating compensation amounts and will use his own medical consultant to conduct the analysis. I don't know whether if he goes through the company can he get a solicitor involved at the end of the process to ensure he's getting a fair deal? Or does it not work like that?
He can't work atm as he can't walk (he's being paid though), and he can't do his job effectively from home. As long as he can drive after this then yes there's no reason why he can't go back to work which he's keen to do. He is a regular gym goer and very active so it remains to be seen if that is affected.
Under no circumstances should he consider settling this claim without taking advice from a proper, specialists Personal Injury lawyer.
By this I don't mean one of the "no win, no fee" motor personal injury shops, but I mean a genuine, experienced professional who has been around the block and has a reputation.
With regard to self insurance - this is an Employer's Liability matter so a regulated insurer will be in the loop somewhere. Even if it controlled by a "captive" they need to act in an independent manner and if they don't they are facing another world of trouble.
If they try to coerce him into going down their route he should sue their arses for that as well.
By this I don't mean one of the "no win, no fee" motor personal injury shops, but I mean a genuine, experienced professional who has been around the block and has a reputation.
With regard to self insurance - this is an Employer's Liability matter so a regulated insurer will be in the loop somewhere. Even if it controlled by a "captive" they need to act in an independent manner and if they don't they are facing another world of trouble.
If they try to coerce him into going down their route he should sue their arses for that as well.
SunnyD said:
Soov they're a huge international co, this won't be a big amount of money to them.
They've said they use industry standard formulae for calculating compensation amounts and will use his own medical consultant to conduct the analysis. I don't know whether if he goes through the company can he get a solicitor involved at the end of the process to ensure he's getting a fair deal? Or does it not work like that?
He can't work atm as he can't walk (he's being paid though), and he can't do his job effectively from home. As long as he can drive after this then yes there's no reason why he can't go back to work which he's keen to do. He is a regular gym goer and very active so it remains to be seen if that is affected.
The WILL tell him that everything they're doing is correct and that he would be wastng his time getting legal advice. He'll probably feel awkward about challenging it.They've said they use industry standard formulae for calculating compensation amounts and will use his own medical consultant to conduct the analysis. I don't know whether if he goes through the company can he get a solicitor involved at the end of the process to ensure he's getting a fair deal? Or does it not work like that?
He can't work atm as he can't walk (he's being paid though), and he can't do his job effectively from home. As long as he can drive after this then yes there's no reason why he can't go back to work which he's keen to do. He is a regular gym goer and very active so it remains to be seen if that is affected.
He should say that he is not well and cannot deal with these things so 'sorry but he wants an independent legal representative'. Make sure it is not someone appointed by the company either !
OK OP, this is a serious post. Very serious.
I've been qualified 20 years.
THEY WILL WITHOUT QUESTION USE EVERY DEVICE TO BULLYRAM HIM AND PAY OUT AS LITTLE AS POSSIBLE.
GET A SPECIALIST SOLICITOR
DO WHAT THEY TELL YOU
HAVE NO FURTHER CONTACT EXCEPT THROUGH YOUR SOLICITOR
I cannot be more blunt than this. I've seen this a hundred times.
THE INJURED PARTY HAS ONE CHANCE AT THIS. GET IT RIGHT.
I've been qualified 20 years.
THEY WILL WITHOUT QUESTION USE EVERY DEVICE TO BULLYRAM HIM AND PAY OUT AS LITTLE AS POSSIBLE.
GET A SPECIALIST SOLICITOR
DO WHAT THEY TELL YOU
HAVE NO FURTHER CONTACT EXCEPT THROUGH YOUR SOLICITOR
I cannot be more blunt than this. I've seen this a hundred times.
THE INJURED PARTY HAS ONE CHANCE AT THIS. GET IT RIGHT.
k about. Soov535 said:
OK OP, this is a serious post. Very serious.
I've been qualified 20 years.
THEY WILL WITHOUT QUESTION USE EVERY DEVICE TO BULLYRAM HIM AND PAY OUT AS LITTLE AS POSSIBLE.
GET A SPECIALIST SOLICITOR
DO WHAT THEY TELL YOU
HAVE NO FURTHER CONTACT EXCEPT THROUGH YOUR SOLICITOR
I cannot be more blunt than this. I've seen this a hundred times.
THE INJURED PARTY HAS ONE CHANCE AT THIS. GET IT RIGHT.
I've been qualified 20 years.
THEY WILL WITHOUT QUESTION USE EVERY DEVICE TO BULLYRAM HIM AND PAY OUT AS LITTLE AS POSSIBLE.
GET A SPECIALIST SOLICITOR
DO WHAT THEY TELL YOU
HAVE NO FURTHER CONTACT EXCEPT THROUGH YOUR SOLICITOR
I cannot be more blunt than this. I've seen this a hundred times.
THE INJURED PARTY HAS ONE CHANCE AT THIS. GET IT RIGHT.
Happened to a former work colleague, he got screwed over completely as he believed the company would look after him.
Vaud said:
Car insurance (for vehicle damage), yes, but all employee and public liability can be an order of magnitude higher, surely?
They can set up something that is effectively their own insurance company. It tends to be done in conjunction with a regulated insurer and/or reinsurer, with the company effectively paying the claim and having a backstop.Crush said:
Soov535 said:
OK OP, this is a serious post. Very serious.
I've been qualified 20 years.
THEY WILL WITHOUT QUESTION USE EVERY DEVICE TO BULLYRAM HIM AND PAY OUT AS LITTLE AS POSSIBLE.
GET A SPECIALIST SOLICITOR
DO WHAT THEY TELL YOU
HAVE NO FURTHER CONTACT EXCEPT THROUGH YOUR SOLICITOR
I cannot be more blunt than this. I've seen this a hundred times.
THE INJURED PARTY HAS ONE CHANCE AT THIS. GET IT RIGHT.
I've been qualified 20 years.
THEY WILL WITHOUT QUESTION USE EVERY DEVICE TO BULLYRAM HIM AND PAY OUT AS LITTLE AS POSSIBLE.
GET A SPECIALIST SOLICITOR
DO WHAT THEY TELL YOU
HAVE NO FURTHER CONTACT EXCEPT THROUGH YOUR SOLICITOR
I cannot be more blunt than this. I've seen this a hundred times.
THE INJURED PARTY HAS ONE CHANCE AT THIS. GET IT RIGHT.
Happened to a former work colleague, he got screwed over completely as he believed the company would look after him.
I BESEECH you get some proper legal advice and say NOTHING to the company except through them.
Or don't and get bullyrammed. Simple choice.
Still nothing been said about whether this accident has been reported under RIDDOR - the rules basically are:
Over-seven-day incapacitation of a worker
Accidents must be reported where they result in an employee or self-employed person being away from work, or unable to perform their normal work duties, for more than seven consecutive days as the result of their injury. This seven day period does not include the day of the accident, but does include weekends and rest days. The report must be made within 15 days of the accident.
You say the person was injured by falling glass - if this wasn't because someone negligently dislodged it causing it to fall then I think it would only be right to assume that there was an installation fault. This will mean either the product was not fit for purpose or the installer of the product didn't do a very good job.
On this basis it would appear that someone somewhere IS responsible and could be in big trouble with the HSE. This needs to be reported - I was wrong with my original guess at the no. of days it is 15 so already H&S Law has been breached here.
As has been mentioned - your friend has one chance at getting this right. Get it reported for the best possible outcome.
Over-seven-day incapacitation of a worker
Accidents must be reported where they result in an employee or self-employed person being away from work, or unable to perform their normal work duties, for more than seven consecutive days as the result of their injury. This seven day period does not include the day of the accident, but does include weekends and rest days. The report must be made within 15 days of the accident.
You say the person was injured by falling glass - if this wasn't because someone negligently dislodged it causing it to fall then I think it would only be right to assume that there was an installation fault. This will mean either the product was not fit for purpose or the installer of the product didn't do a very good job.
On this basis it would appear that someone somewhere IS responsible and could be in big trouble with the HSE. This needs to be reported - I was wrong with my original guess at the no. of days it is 15 so already H&S Law has been breached here.
As has been mentioned - your friend has one chance at getting this right. Get it reported for the best possible outcome.
Working in H&S I say get a solicitor quick and get it sorted.
As already said was it recorded as an accident, was risk assessments completed before and after? How was the accidents caused. Was it reported under RIDDOR? All the questions plus more that the solicitor will ask.
If any of the above are not in place or missed then the company are going to loose.
I work for a large multinational and we self insure and its not uncommon at all. If something happens it keeps costs down and they just pay out there own purse.
Don't forget that if he does claim and they then try to make his job/life a problem then he can also take this further as could be classed as harassment or bullying.
As already said was it recorded as an accident, was risk assessments completed before and after? How was the accidents caused. Was it reported under RIDDOR? All the questions plus more that the solicitor will ask.
If any of the above are not in place or missed then the company are going to loose.
I work for a large multinational and we self insure and its not uncommon at all. If something happens it keeps costs down and they just pay out there own purse.
Don't forget that if he does claim and they then try to make his job/life a problem then he can also take this further as could be classed as harassment or bullying.
I am not aware you can fully self insure employers' liability as it's a legal requirement. You can however run with a large excess. If you do this, then from memory the employer cannot deal with the claim themselves, but has to go via an appointed third party administrator (TPA) to ensure the employee gets a fair settlement.
Vaud said:
Car insurance (for vehicle damage), yes, but all employee and public liability can be an order of magnitude higher, surely?
it depends on the company, if you are one oth Walmarts ot Tatas of this world even a 10 million GBP personal injury claim ( young thrusting graduate has his/her neck broken or head caved in )...vehicleinsurance it's often that the excesses are set very high ( e.g. 10 k) so insurance only kicks in if there is significant Personal injury or total write offs.
rambo19 said:
I am someone who is in the process of taking action against a previous employer for an injury received at work.
It's been going on for 3 yrs so far and the company have tried everything to screw me over.
TELL YOUR FRIEND TO DO EVERYTHING THROUGH A SOLICITOR.
If it is over 3 years and you still haven't issued proceedings or already had liability accepted I suspect you are at major risk of getting nothing.It's been going on for 3 yrs so far and the company have tried everything to screw me over.
TELL YOUR FRIEND TO DO EVERYTHING THROUGH A SOLICITOR.
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