work place injury claim advise
Discussion
Never had to file a work place injury claim before so im wondering how it generally plays out. Long story short is i tore my bicep working on improperly installed fencing that my company knew was a hazard but continued to use it anyway due to cost. This was about 2 years ago so i need to plan for filing this soon. I just finished all treatments by the NHS which included physio, neurological, and tons of tests and they have concluded that i cant be helped anymore and i have a severe injury that will effect me the rest of my life ie eating and sleeping will be altered as well as day to day tasks. There is a physical appearance issue as well but that is slight now since ive lost all my arm muscle strength.
So where should i start to file a claim? Citizens advise or just go for a predatory solicitor directly? What can i expect to be dealing with during all of this? I have some of the letters from the NHS but not all, can those be retrieved easily from them?
So where should i start to file a claim? Citizens advise or just go for a predatory solicitor directly? What can i expect to be dealing with during all of this? I have some of the letters from the NHS but not all, can those be retrieved easily from them?
So to follow up.
Employer is well aware of the accident. No RIDDOR was filed but should have been. That has been an open topic since the accident. I cant say more on it here but they used a loophole to avoid the RIDDOR report. Its a very common way to tout the rules about reporting im told. I had no idea at the time that they werent supposed to do that. Hse was not involved to my knowledge. Internal investigation said the fencing barriers were not used correctly and have been eliminated on some sites but not all.
I believe i still have some time left to file a compensation claim without having to notify my company. I have been awaiting the end results of the last few years of pt and testing which i now have.
Employer is well aware of the accident. No RIDDOR was filed but should have been. That has been an open topic since the accident. I cant say more on it here but they used a loophole to avoid the RIDDOR report. Its a very common way to tout the rules about reporting im told. I had no idea at the time that they werent supposed to do that. Hse was not involved to my knowledge. Internal investigation said the fencing barriers were not used correctly and have been eliminated on some sites but not all.
I believe i still have some time left to file a compensation claim without having to notify my company. I have been awaiting the end results of the last few years of pt and testing which i now have.
SydneyBridge said:
Do you have legal expenses insurance, on home insurance or similar? If so, they will instruct a Solicitor for you
Have HSE been involved?
I have none of that. Have HSE been involved?
Hse was not involved to my knowledge but probably should have been. I have only recently been made aware of the laws.
lyonspride said:
You need to look at the health and safety related documentation at the workplace, most employers will do things like telling you you cannot do X, whilst fully knowing that you have no alternative, meaning it's effectively your own fault if you get hurt.
Example....... Your not allowed to lift heavy items on your own, but if you don't then you wouldn't be able to meet targets and you'd get sacked.
No such rules pertaining to what happened to me. They simply were not fit for purposeExample....... Your not allowed to lift heavy items on your own, but if you don't then you wouldn't be able to meet targets and you'd get sacked.
SydneyBridge said:
You can wait right up to the three years to start the claim, as long as Court Proceedings are issued so the claim can proceed beyond the three years, if you are worried about making the claim.
One issue, though is that your employers should have reported the incident to their insurers with a certain period of time
I very much doubt they informed anyone that would have an effect on the business. One issue, though is that your employers should have reported the incident to their insurers with a certain period of time
Saleen836 said:
OP, have you been unable to work since the accident or have you continued to work for the company throughout doing your normal duties?
i work but have much diminished duties. i can no longer lift pretty much anything above my waist nor can i turn keys and the like with my right arm.Smurfsarepeopletoo said:
Can I ask how you injured your bicep on a fence, are you able to advise what happened?
The fence was a new design. It was an interlocking one and built like a snake. As it was a new design they had not thought it out fully and neglected to design a way of getting in and out of it. Its built so you start at one point and keep building off of that until it reaches the beginning again. The problem lies that they did not design a way of entering it apart once its all connected up. You have to go against its construction to make a temporary break point to gain access to the area inside. Due to the way its built the full weight of one side is in opposition to the other and you are trying to twist/pull/lift the units apart.You better believe the day after the accident they had made a rushed door entry system that they installed which was a complete failure so it was eliminated.
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