Injured at work?
Discussion
tight fart said:
I spoke to Thompsons today, they are interested in an accident at work claim but not the wrongful dismissal,
I’ll do some more homework.
I wouldn't worry about wrongful dismissal. The claim would include "loss of earnings".I’ll do some more homework.
You should at least meet with them and get an in-depth review of your case.
M.
tight fart said:
I spoke to Thompsons today, they are interested in an accident at work claim but not the wrongful dismissal,
I’ll do some more homework.
A word of caution when it comes to anything to do with unions of people/orgs associated with them. In general conversation not so long ago i heard of a very serious injury to someone due to a working practice that i can guarantee no one on here would believe would be carried out 30 years ago never mind today. The person involved took great delight in telling me how the union sorted it all out for them ,said they would high ball at 20k but expect much less. They ended up with 5k. I can remember getting 3.5k well over 20 years ago for something that was orders of magnitude less severe and causes far fewer problems than this person will have for the rest of their life.I’ll do some more homework.
Choose your solicitor carefully. When i asked about fees with the solicitors that dealt with my claim they said their bill would be claimed for separately from the company's insurance and i received the full amount.
They haven't dismissed me yet, meeting keeps getting pushed back.
My injury at work has been refused because my employer didn't break any laws.
And my income protection claim refused as they say I could gets job delivering flowers.
Had they paid income protection the total claim would have been less than £15k.
My injury at work has been refused because my employer didn't break any laws.
And my income protection claim refused as they say I could gets job delivering flowers.
Had they paid income protection the total claim would have been less than £15k.
SydneyBridge said:
There are lots of laws relating to lifting, risk assesments, manual handing and accidents at work in general
Have you got any legal expenses cover on any insurance, if so that will instruct a solicitor. If not, I would expect around 30% deduction from damagss
Sadly not, so resolved that 70% of something is better than nothing.Have you got any legal expenses cover on any insurance, if so that will instruct a solicitor. If not, I would expect around 30% deduction from damagss
[quote=tight
My injury at work has been refused because my employer didn't break any laws.
[/quote]
That's not how it works
"Duty of care", for a start.
Seriously, just get a reputable solicitor. You'll be waiting long enough as it is. If your claim is as presented here, they won't bill you until after its completed, and their bill will be one of the expenses included in your claim.
M.
My injury at work has been refused because my employer didn't break any laws.
[/quote]
That's not how it works
"Duty of care", for a start.
Seriously, just get a reputable solicitor. You'll be waiting long enough as it is. If your claim is as presented here, they won't bill you until after its completed, and their bill will be one of the expenses included in your claim.
M.
Horrible situation.
Thankfully, this sounds to be a very straightforward Employers' Liability claim. Courts tend to side with employees on the basis that you should be able to go and do a day's work and come home in the same condition you started it. Unless you do something particularly stupid to cause an accident, it's likely the Employer will be found liable. Sounds that you have solicitors on board now, just make sure you fully understand how they will be paid (ie. that they are not taking a vast percentage of any settlement).
Meanwhile, presuming you are dismissed from the current role, hopefully you can find something you are able to do going forward.
Good luck!
Thankfully, this sounds to be a very straightforward Employers' Liability claim. Courts tend to side with employees on the basis that you should be able to go and do a day's work and come home in the same condition you started it. Unless you do something particularly stupid to cause an accident, it's likely the Employer will be found liable. Sounds that you have solicitors on board now, just make sure you fully understand how they will be paid (ie. that they are not taking a vast percentage of any settlement).
Meanwhile, presuming you are dismissed from the current role, hopefully you can find something you are able to do going forward.
Good luck!
Small update.
Firstly solicitors are proceeding waiting for a response from my employer.
I have a meeting arranged on Friday at work and I'd been told to expect dismissal, last night I had a call from my manager saying I could go back to work wearing my knee brace.
So I've had 7 months of work, 4 without pay and now they say I can go back wearing the brace that was the reason for my suspension.
My response was, are you going to compensate me with 4 month's pay?
Firstly solicitors are proceeding waiting for a response from my employer.
I have a meeting arranged on Friday at work and I'd been told to expect dismissal, last night I had a call from my manager saying I could go back to work wearing my knee brace.
So I've had 7 months of work, 4 without pay and now they say I can go back wearing the brace that was the reason for my suspension.
My response was, are you going to compensate me with 4 month's pay?
Glad things are working out. Some employers are hopeless.
In a previous job a colleague sued his employer after breaking a thumb during a training exercise. It was eventually settled in his favour when the employer's lawyer spoke to the instructers who were in charge of the exercise. THe instructers told them they had pointed out the area used for the training wasn't suitable as part of the floor was metal grating - which caused the thumb injury after a fall. They had been ordered to get on with it.
Another example. My dad warned our local council of a dangerous tree. The base burnt out by fire. It was liable to be blown down in any high wind and overhung a fotpath used by schoolchildren. Council did nothing. Within a year the tree blow down and injured a child.
In a previous job a colleague sued his employer after breaking a thumb during a training exercise. It was eventually settled in his favour when the employer's lawyer spoke to the instructers who were in charge of the exercise. THe instructers told them they had pointed out the area used for the training wasn't suitable as part of the floor was metal grating - which caused the thumb injury after a fall. They had been ordered to get on with it.
Another example. My dad warned our local council of a dangerous tree. The base burnt out by fire. It was liable to be blown down in any high wind and overhung a fotpath used by schoolchildren. Council did nothing. Within a year the tree blow down and injured a child.
tight fart said:
I was dismissed on Monday.
On asking if I’d get paid for the 4 months as they had wrongly suspended me, they quickly changed their mind and said I couldn’t go back while wearing a knee brace.
Dismissed as in let go, or "made redundant due to physical inability"?On asking if I’d get paid for the 4 months as they had wrongly suspended me, they quickly changed their mind and said I couldn’t go back while wearing a knee brace.
Update your solicitor. Your (maybe) former employers are going to get a costly bill. Unfortunately, it takes a long,long time.
M.
Dismissed on grounds of ill health.
Not that I’m ill.
Hospital advised I wear a knee brace whenever I could stress the knee to avoid the need for an operation.
They have 2 types of insurance for employees.
For the injury, dismissed the claim saying it was my fault I fell while carrying a crate.
Income protection, max up to 50% pay up to 3 years. Refused as I could deliver flowers.
Not that I’m ill.
Hospital advised I wear a knee brace whenever I could stress the knee to avoid the need for an operation.
They have 2 types of insurance for employees.
For the injury, dismissed the claim saying it was my fault I fell while carrying a crate.
Income protection, max up to 50% pay up to 3 years. Refused as I could deliver flowers.
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