Knee injury/compensation
Discussion
I shattered my patella in April 2021 as a result of an accident at work. I started a thread about it just after my accident on a different profile.
The firm I worked for folded the business and started again under after different name, as a result the insurance accepted 100% liability. The HSE were not happy to say the least and my employer was going to end up in court.
To cut a long story short…..the winch on the HGV I was driving broke resulting in a 3 tonne scissor lift coming off the bed of the truck and landing on me. Employer said I was going to be on full pay till I came back - he never paid me a penny and gave me the silent treatment.
Iv just had to have more surgery to remove all the metal work from my knee as some of it had moved and was causing swelling and limited movement in my knee. This was meant to be done keyhole but the surgeon struggled to get it out so I’m now left with an incision around 8 inches long straight over my knee. I have been told I shouldn’t return to work for at least 6-8weeks. To make matters worse my surgeon informed me after the op that due to the break/healing I am left with no cartilage on the back of my patella so suggested I see how I go the next 12 months and then possibly look at cartilage regeneration surgery - great!
It will be highly likely that I need a knee replacement later in life, they won’t give me a full replacement now due to my age, 36.
My solicitor has said I need to wait till 6 months after the operation for another independent medical, so around December time before he can start looking at a settlement. He also said that the claim needs to go to the courts 3 years from the date of the accident, April 2024. Im assuming the insurance wont want it to go to court as they have already accepted 100% liability and then they would have to cover the court costs??
Does anyone know how it all works? To date I haven’t received a penny and I’m now off work AGAIN for a considerable amount of time. Will it be settled before it has to be handed to the courts? Anyone have any experience in a similar situation?
(Apologies in advance if any of that doesn’t make sense I’m on some serious painkillers atm)
The firm I worked for folded the business and started again under after different name, as a result the insurance accepted 100% liability. The HSE were not happy to say the least and my employer was going to end up in court.
To cut a long story short…..the winch on the HGV I was driving broke resulting in a 3 tonne scissor lift coming off the bed of the truck and landing on me. Employer said I was going to be on full pay till I came back - he never paid me a penny and gave me the silent treatment.
Iv just had to have more surgery to remove all the metal work from my knee as some of it had moved and was causing swelling and limited movement in my knee. This was meant to be done keyhole but the surgeon struggled to get it out so I’m now left with an incision around 8 inches long straight over my knee. I have been told I shouldn’t return to work for at least 6-8weeks. To make matters worse my surgeon informed me after the op that due to the break/healing I am left with no cartilage on the back of my patella so suggested I see how I go the next 12 months and then possibly look at cartilage regeneration surgery - great!
It will be highly likely that I need a knee replacement later in life, they won’t give me a full replacement now due to my age, 36.
My solicitor has said I need to wait till 6 months after the operation for another independent medical, so around December time before he can start looking at a settlement. He also said that the claim needs to go to the courts 3 years from the date of the accident, April 2024. Im assuming the insurance wont want it to go to court as they have already accepted 100% liability and then they would have to cover the court costs??
Does anyone know how it all works? To date I haven’t received a penny and I’m now off work AGAIN for a considerable amount of time. Will it be settled before it has to be handed to the courts? Anyone have any experience in a similar situation?
(Apologies in advance if any of that doesn’t make sense I’m on some serious painkillers atm)
I remember your original thread and I'm sorry that your employer behaved exactly as it was shaping up that he would.
In terms of timescales, process etc, you really need to speak to your solicitor and not rely on what a load of randoms on a motoring internet forum think.
It sounds like you've had a nightmare time - good luck getting it all sorted.
In terms of timescales, process etc, you really need to speak to your solicitor and not rely on what a load of randoms on a motoring internet forum think.
It sounds like you've had a nightmare time - good luck getting it all sorted.
Sorry to read about your accident and the consequences this is now having on you. Unfortunately people often think of H&S as being a burden due to silly stories of mis-interpretation or over zealous application of the laws, but this accident and the impact on you is exactly what good safety is meant to prevent. You will find alot of the info you need in the pre action protocol, this explains the different parts of the personal injury process for you.
https://www.justice.gov.uk/courts/procedure-rules/...
Out of interest were the company (before they were dissolved) or the director being prosecuted?
Edit: you may also find this useful as it sets out how claims are calculated: https://www.gov.uk/government/publications/ogden-t...
https://www.justice.gov.uk/courts/procedure-rules/...
Out of interest were the company (before they were dissolved) or the director being prosecuted?
Edit: you may also find this useful as it sets out how claims are calculated: https://www.gov.uk/government/publications/ogden-t...
Edited by BlindedByTheLights on Saturday 1st July 16:30
You can ask for an interim payment towards loss of earnings. Are you on benefits? Depending on type of benefit, they will have to be repaid as part of the claim but you can still claim full loss of earnings (as long as your medical expert says is due to accident)
It is correct to not try and settle until you have a final prognosis, in order to properly value claim and future lossss
Court proceedings will need to be issued next April if you cannot settle before then, to allow the claim to continue. It will take a least a year after that to actually go to a Court Hearing
It is correct to not try and settle until you have a final prognosis, in order to properly value claim and future lossss
Court proceedings will need to be issued next April if you cannot settle before then, to allow the claim to continue. It will take a least a year after that to actually go to a Court Hearing
Edited by SydneyBridge on Saturday 1st July 18:13
SydneyBridge said:
You can ask for an interim payment towards loss of earnings. Are you on benefits? Depending on type of benefit, they will have to be repaid as part of the claim but you can still claim full loss of earnings (as long as your medical expert says is due to accident)
It is correct to not try and settle until you have a final prognosis, in order to properly value claim and future lossss
Court proceedings will need to be issued next April if you cannot settle before then, to allow the claim to continue. It will take a least a year after that to actually go to a Court Hearing
Heres my two centsIt is correct to not try and settle until you have a final prognosis, in order to properly value claim and future lossss
Court proceedings will need to be issued next April if you cannot settle before then, to allow the claim to continue. It will take a least a year after that to actually go to a Court Hearing
Edited by SydneyBridge on Saturday 1st July 18:13
I have a fairly bad L5-S1 spinal injury sustained when someone slammed into me in Dec 2018 and am still waiting on the claim to be settled. In that time I have had both private and on the NHS 12 MRI, 3 Spect scans, 2 CT bone scans and probably another dozen X-Rays, medical and legal reports both private at several hundred pounds a time , my solicitor has about 4 massive folders of evidence. GP has no answers and refers to my consultant, basically told me to write to my MP if I wanted up the waiting list.
Yet 4.5 years on I am still unable to work normal hours, constant pain, terrible sleep, can't walk long distances more than 100m, when I go out I am shattered the next day and basically unable to move for hours and I am normal weight. I went out for a quiet drink in the pub with friends last weekend, they know my situation, I had two beers and a few alco free drinks, sat for most of the evening and even started to feel normal and yet by Tuesday I was still absolutely shattered. I had no health problems whatsoever before the accident.
In that time I have spent tens of thousands of my own money on medical treatment because the NHS is useless when it comes to specialist treatment. I have missed out on £150k in lost earnings after tax. I get limited capability for work which is about £765 so thankfully that's keeping me above the waterline.
I have not received a penny in interim payments from the other parties solicitor, basically my surgery needs to take place and a long term prognosis given before it proceeds to court.
Apologies for the long winded rant but what I'm saying is be prepared to be in it for the long haul.
I'm genuinely surprised that your solicitor hasn't insisted on an interim payment.
This is a classic case where you deserve one and would receive one. Liability is admitted, and it would be the simplest of tasks to assess the absolute minimum you're likely to receive - and from what you've said it's going to be well into five figures.
So on that basis an interim payment of, say, £10,000 should be perfectly possible.
What your solicitor should do is write to the insurers requesting an interim payment. If they refuse (which is highly unlikely) he should issue the claim and then apply to the court for an interim payment, which would definitely be granted.
It's not often I can predict the outcome of litigation with absolute certainty, but this is one of those rare occasions. In fact, it's because such an outcome would be so predictable that the insurance company is virtually certain to agree without the need for court proceedings.
So don't just ask - tell - your solicitor to pull his finger out, and if he won't then get a solicitor who's rather more pro-active.
This is a classic case where you deserve one and would receive one. Liability is admitted, and it would be the simplest of tasks to assess the absolute minimum you're likely to receive - and from what you've said it's going to be well into five figures.
So on that basis an interim payment of, say, £10,000 should be perfectly possible.
What your solicitor should do is write to the insurers requesting an interim payment. If they refuse (which is highly unlikely) he should issue the claim and then apply to the court for an interim payment, which would definitely be granted.
It's not often I can predict the outcome of litigation with absolute certainty, but this is one of those rare occasions. In fact, it's because such an outcome would be so predictable that the insurance company is virtually certain to agree without the need for court proceedings.
So don't just ask - tell - your solicitor to pull his finger out, and if he won't then get a solicitor who's rather more pro-active.
I may have wrote in your other thread, my wife's uncle lost a thumb last year at work, has not worked since although on full pay still and was offered £70k interim payment about 6 months ago.
He's in a union that may help I'm not sure, they've told him he'll be a millionaire as they are not settling for anything less.
Not sure if he has had any other money but he's just bought a 22 plate X5
He's in a union that may help I'm not sure, they've told him he'll be a millionaire as they are not settling for anything less.
Not sure if he has had any other money but he's just bought a 22 plate X5
jonwm said:
I may have wrote in your other thread, my wife's uncle lost a thumb last year at work, has not worked since although on full pay still and was offered £70k interim payment about 6 months ago.
He's in a union that may help I'm not sure, they've told him he'll be a millionaire as they are not settling for anything less.
Not sure if he has had any other money but he's just bought a 22 plate X5
If he's in the union and has a decent lawyer he will indeed be a millionaire. I've been told by a barrister friend of mine about similar cases to mine and the lowest figure was £300k, I would rather be fully fit and healthy and be able to go back to earn money through hard graft but that right has been taken away. He's in a union that may help I'm not sure, they've told him he'll be a millionaire as they are not settling for anything less.
Not sure if he has had any other money but he's just bought a 22 plate X5
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff