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Accident at work - their fault - what do I do now??

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Comments

  • viktory
    viktory Posts: 7,635 Forumite
    lepetit wrote: »
    ...one I didn't register them because there isn't normally stuff in that spot

    That doesn't make sense. If there was usually nothing in that space then surely you would be more inclined to notice something there as it is unusual???????

    I agree, your story and lifelong injuries seem very suspect.
  • bestpud
    bestpud Posts: 11,048 Forumite
    lepetit wrote: »
    Thanks you so much for your help bunny999, now please make way for those posters who actually under the severity of the situation and who understand how much this will affect a person's future and not just their bank balance

    Those posters seem to be a bit thin on the ground tbh.

    Does that tell you anything?
  • lepetit
    lepetit Posts: 236 Forumite
    Wow cheers for all your help, I thought this site was full of people that could help, evidently I was wrong, if there any posters out there who can offer some advice rather than simply make me out to be a liar like some here please PM me
  • lepetit wrote: »
    Wow cheers for all your help, I thought this site was full of people that could help, evidently I was wrong, if there any posters out there who can offer some advice rather than simply make me out to be a liar like some here please PM me

    I think you will find that I did offer you advice, there is no need to be rude.
    I'd rather regret the things I've done than regret the things I haven't done.
    Lucille Ball
  • Hi lepetit
    I thought i was helping?
    inneedofcash
    proud to be dealing with my debt!:T Nerd No 1194
    LBM @June 2006 £16000 hope tobe debt free by June 2011
    £2 pot £20/£20.00 spare change pot £3.89/£16.75
  • SomeBozo
    SomeBozo Posts: 1,195 Forumite
    Hi lepetit

    Most people get good straight forward advice on here.

    Where there is discussion etc is usually because :

    1) There seems to be holes in their story.
    2) They are trying to advocate fraud
    3) They insult the people trying to help them (DWP or posters)

    I think yours fall under 1)

    You have had a few questions and not really answered them. This along with the holes in your story makes people scratch their heads.

    a) Your accident was only a few days ago, yet your doctor says you could be out for 6 months and may never work again!

    Thats a quick diagnosis! No tests? Referrals?

    b) The whole "walking backwards over boxes you knew were there" thing sounds a bit fishy too!

    Can you explain that. I am trying to picture it, you talking and walking backwards?

    You probably don't have to answer our questions, but you will have to if you want to go down the compensation route.

    Bozo
  • asbestos2008
    asbestos2008 Posts: 144 Forumite
    OP If you can give more details please
    1)Who took you to hospital?
    2) How come the accident was not reported?
    3)How did the diagnosis occur - most non no win no fee solicitors will inform you that the best claim is one that is made after further tests to determine effects on lifestyle - not quick what can i get today, not even trade unions would jump in this fast.
    4)have you spoken to your H&S rep or employee rep to do an accident investigation for you?
    5)Have you spoke to a line manager?

    You have a duty under sections 7&8 HASAW Act etc 1974, sections 14, 15 MHSAW regulations and also your terms and conditions of employment etc etc.
    Exisiting conditions are always taken into account under claims.
    HTH
    BR date 18/11/09
  • woody01
    woody01 Posts: 1,918 Forumite
    1. Regardless of whether the OP fell over the boxes or dived over them on purpose, the employer is still liable under HSE guidelines.

    2. The boxes were in a designated walkway (as far as i can tell), so whether the OP saw them or not is not a defence for the employer. They shouldn't have been there.

    3. The accident book is for the OPs peace of mind and not the employers.

    4. Any doctor would certainly not make a snap diagnosis such as the one the OP is saying. You would be referred to hopsital for MRI scans and such before such a judgement could be made.


    Even though points 1 & 2 have no mitigation, this story smacks of someone trying to earn an easy buck. This fairytale has so many holes in it you could strain tea through it.

    BTW.....If you have recorded back problems with your doctor, and have not told your employer/HR, if you go down the bad back route, you will certainly be in for disciplinary as a risk assessment on that basis shouldve been made for you.
  • sausageface
    sausageface Posts: 150 Forumite
    Hi OP,

    If you have a union, contact them and they can put you in touch with their own solicitors. It doesnt matter that the accident was only recently, in fact the sooner a claim is investigated/made the better as sometimes it is argued 'why did you leave it so long to make a claim?' etc. You will continue treatment with your GP/treating consultant as normal. If your solicitor thinks you have a good case they will make a claim against your employers and arrange for you to be examined by an orthopaedic expert. They will have access to all your medical records so if there is a pre-existing back condition then they will make their opinion on your injury taking this into account.

    It is hard to explain in a couple of sentences about your accident, you dont have justify the circumstances of your accident on here to people. There could be a possibility of contributory negligence on your part i.e. your employers were 80% to blame for the boxes being there but you 20% as you should have noticed. This is just an example, only a solicitor can advise you further if you do wish to claim for it.

    Ring your work, make sure it is in the accident book and ask them to send you a copy of the entry just so you know they have recorded the circumstances correctly.

    Good luck and hope you are feeling better soon.

    SF
  • SuziQ
    SuziQ Posts: 3,042 Forumite
    Sausage face has given you great advice along with a couple of other people on here. If you have no union than ACAS can give you advice,google them they have a helpline and have both advisors and access to solicitors to give advice on any eomployment isssue.Hopefully tour back will heal quickly,I know someone who slipped on a crisp packet at work who was told he would never walk again-he had infra red treatment and although has been left with residual pain he was able to return to work but still persued a claim against our employer (the NHS) which has enabled him to have regular osteopathic treatment on top of the infrequent physio treatment the NHS provide.
    Tomorrow is always fresh, with no mistakes in it!
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