Anyone familiar with injury claims?
Discussion
My mum had an accident at work where she fell over and hurt her shoulder. At the time of the incident I believe the management near enough forced her to sign a waiver to say it was her fault. On top of being feeling intimidated to sign something, English is not her first language, so there may have been some confusion on her part.
A few facts:
- It's a manual job.
- She has now been on sick leave for several months and has to wear a sling.
- She has had to have an operation to cut a tendon in her shoulder to gain back some mobility, and she is still recovering. Whilst she is recovering she cannot function normally.
-She was due to retire this year.
I'd like to know where we stand in terms of claiming from the company. I'd obviously like to get her a nice payout as something to help with retirement.
A few facts:
- It's a manual job.
- She has now been on sick leave for several months and has to wear a sling.
- She has had to have an operation to cut a tendon in her shoulder to gain back some mobility, and she is still recovering. Whilst she is recovering she cannot function normally.
-She was due to retire this year.
I'd like to know where we stand in terms of claiming from the company. I'd obviously like to get her a nice payout as something to help with retirement.
I've only had dealings with them in a road traffic collision, but HCC have a good reputation (they are recommended by Brake after a fatal collision).
https://www.hccsolicitors.com/
They cover work place injuries. Maybe worth giving them an email/call and have a chat.
https://www.hccsolicitors.com/
They cover work place injuries. Maybe worth giving them an email/call and have a chat.
If you have house insurance you may well have legal cover that will be better for you than using a no win no fee place.
if she has had time off and required treatment then I think it should be a riddor reportable accident, if they haven't done that then the company may well be in trouble.
if she has had time off and required treatment then I think it should be a riddor reportable accident, if they haven't done that then the company may well be in trouble.
- **** Disclaimer I am no expert!
tixoc said:
My mum had an accident at work where she fell over and hurt her shoulder. At the time of the incident I believe the management near enough forced her to sign a waiver to say it was her fault. On top of being feeling intimidated to sign something, English is not her first language, so there may have been some confusion on her part.
A few facts:
- It's a manual job.
- She has now been on sick leave for several months and has to wear a sling.
- She has had to have an operation to cut a tendon in her shoulder to gain back some mobility, and she is still recovering. Whilst she is recovering she cannot function normally.
-She was due to retire this year.
I'd like to know where we stand in terms of claiming from the company. I'd obviously like to get her a nice payout as something to help with retirement.
I think the main thing you'd need to prove is how the Company was at fault/negligent.A few facts:
- It's a manual job.
- She has now been on sick leave for several months and has to wear a sling.
- She has had to have an operation to cut a tendon in her shoulder to gain back some mobility, and she is still recovering. Whilst she is recovering she cannot function normally.
-She was due to retire this year.
I'd like to know where we stand in terms of claiming from the company. I'd obviously like to get her a nice payout as something to help with retirement.
The easiest way to sue them would be via one of those "No win no fee, where there's blame there's a claim" places. e.g Slater & Gordon
My four penneth, about 10 years.
Mother was run over in a car, not horrendous she stopped but the car ran over her foot, totally other drivers fault and also not insured.
Mum contacted a no win no fee company and they suggested it was valid, so she went ahead.
I cannot tell you the amount of times she rang up in tears saying she had enough, it was a jumping through hoops exercise par excellence. Worst part was the "independent" doctor exam, pulled her foot about all over the place so much so a complaint was made, (poor mum on painkillers for weeks after).
But it was worth it, the claim was upheld, a few thousands pounds was given, but more importantly at her age then the door was opened to all sorts of benefits previously unavailable, as she was now classed partially disabled, (not her intention at all btw).
Mother was run over in a car, not horrendous she stopped but the car ran over her foot, totally other drivers fault and also not insured.
Mum contacted a no win no fee company and they suggested it was valid, so she went ahead.
I cannot tell you the amount of times she rang up in tears saying she had enough, it was a jumping through hoops exercise par excellence. Worst part was the "independent" doctor exam, pulled her foot about all over the place so much so a complaint was made, (poor mum on painkillers for weeks after).
But it was worth it, the claim was upheld, a few thousands pounds was given, but more importantly at her age then the door was opened to all sorts of benefits previously unavailable, as she was now classed partially disabled, (not her intention at all btw).
You have pretty much 3 years to submit a claim.
I would contact a solicitor of your choice, most take 25% of any settlement.
I am on the other side of the fence in H&S, you need as an employer to have absolutely undertaken everything to have any claim defencabilty.
Signing something to say it was your fault is not worth the paper it is written on.
They will need induction record along with content. Any training relevant to the work your mum was undertaking.
Safe systems of work in place that can be demonstrated that the business follows. These will include risk assessments etc
A huge factor is how the business treated the employee along with the robustness of the accident investigation with how any remedial findings have been actioned.
Best practice, is always regardless of fault is to pay the injured party and work with them for any amended duties etc.
There should be no loss of earnings following an accident.
Other factors are how large the business is.
If you want to talk through I am more than happy to help. I do not have any affliction to legal representation but I have probably been part of 400 ish cases through work.
There is normally employee support available through the companies insurance.
If they have been anything less than amazing please seek legal advice. Insurance is there for a reason. If it’s a valid claim they will pay. If it’s not they won’t.
Hope your mum is ok
Kind regards
Angelo
I would contact a solicitor of your choice, most take 25% of any settlement.
I am on the other side of the fence in H&S, you need as an employer to have absolutely undertaken everything to have any claim defencabilty.
Signing something to say it was your fault is not worth the paper it is written on.
They will need induction record along with content. Any training relevant to the work your mum was undertaking.
Safe systems of work in place that can be demonstrated that the business follows. These will include risk assessments etc
A huge factor is how the business treated the employee along with the robustness of the accident investigation with how any remedial findings have been actioned.
Best practice, is always regardless of fault is to pay the injured party and work with them for any amended duties etc.
There should be no loss of earnings following an accident.
Other factors are how large the business is.
If you want to talk through I am more than happy to help. I do not have any affliction to legal representation but I have probably been part of 400 ish cases through work.
There is normally employee support available through the companies insurance.
If they have been anything less than amazing please seek legal advice. Insurance is there for a reason. If it’s a valid claim they will pay. If it’s not they won’t.
Hope your mum is ok
Kind regards
Angelo
I think the post above is very good all-round advice.
A couple of things I would add:
There's no harm in using 'no win no fee' - you see this funding model referred to disparagingly along with the 'ambulance chasing' connotation when it actually underpins the vast majority of personal damages claims. Any law firm will offer this, not just grubby little disreputable ones. Your claim would need to be assessed as credible and likely to win otherwise third parties won't generally wish to take a risk funding it.
With 'no win no fee' a success fee is paid, which can be up to 25%, but there are specific limitations and exceptions for example it can only be applied to damages paid in respect of past losses. In many claims there's an element of future loss and in complex claims this might be the vast majority of the damages. Whatever success fee is eventually paid is essentially the premium you pay for having somebody else (ultimately an insurer) take a financial risk over pursuing your claim. If you lose, you walk away without paying anything.
You might have legal cover provided by e.g. a household insurer. It's worth looking into but isn't automatically preferable to going down the above route.
A couple of things I would add:
There's no harm in using 'no win no fee' - you see this funding model referred to disparagingly along with the 'ambulance chasing' connotation when it actually underpins the vast majority of personal damages claims. Any law firm will offer this, not just grubby little disreputable ones. Your claim would need to be assessed as credible and likely to win otherwise third parties won't generally wish to take a risk funding it.
With 'no win no fee' a success fee is paid, which can be up to 25%, but there are specific limitations and exceptions for example it can only be applied to damages paid in respect of past losses. In many claims there's an element of future loss and in complex claims this might be the vast majority of the damages. Whatever success fee is eventually paid is essentially the premium you pay for having somebody else (ultimately an insurer) take a financial risk over pursuing your claim. If you lose, you walk away without paying anything.
You might have legal cover provided by e.g. a household insurer. It's worth looking into but isn't automatically preferable to going down the above route.
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