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

catenorfolk

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

Ooops bunny999, i dont think that lepetit likes what you are saying. Shame really as anyone posting on here must be open to general comments. just think what will be asked if matter is taken further. will the poster take umbrage when solicitors are involved and ask the same questions!!! lol

bestpud

Katykat wrote: »

Just as a matter of interest, I have a long standing back problem, I have managed to work through it, but recently had no choice but to have a lumbar disc replacement. This is major abdominal surgery with many risks & considerable pain. However, I expect to be back at work within 3-4 months. Never, in the whole time has any Dr told me ( & without the benefit of tests) that I would never be able to work again. Unless you have fractured your spine I am at a loss to understand how you could have been told this, or have you fractured your spine?
Also, it sounds like your employers had warned your colleague to move the boxes, so it seems to be his/her fault, not your employers.

I'd say the OP asked for the worst case scenario and the DR gave it to them!

They clearly have compensation on their mind and, as such, would want to know the worst outcome so they know what they may be able to get out of it.

The fact they have discussed this with a colleague, and assessed where the land lies, but not with their employer yet says it all.

Rolandtheroadie

Katykat wrote: »

Also, it sounds like your employers had warned your colleague to move the boxes, so it seems to be his/her fault, not your employers.

Who is responsible for the employee that is to blame?

Rolandtheroadie

In my line of work, you would just tell the senior manager what had happened and start the accident report at that time.
This could be as early as when you arrive at A&E (there have been instances where the manager has arrived before the injured party) or perhaps when he turns up on your doorstep as it looks like you could be off for over 3 days (with an offer of alternative work so you can return before it goes to 3 days).

viktory

lepetit wrote: »

God I really hope the same happens to all of you and you get torn apart like you have to me

If I had a quid for every time some nasty fcuker had wished various posters ill, I'd have enough to retire.

Trying and understand the following from your high horse:

Your story has holes. In order to give corerct advice people need as much information as possiblr
When/if you make a claim you will be expected to relate your story in as much detail as possible. Insurers etc. will be looking for holes. If you get this shirty with them I suspect your case with be thrown out.

ukmike

Going off the details you provided,you haven't a snowball in hells chance of winning a personal injury claim,any half decent solicitor would show you the door pronto.I speak from experience as i had an accident at work badly injuring my back 5 years ago.It took one of the best personal injury lawyers in the country 4 long years to win my case.The other side tried every trick in the book to block my claim.Having a pre existing back problem is going to make it very hard to prove it was the accident that caused it.

sausageface

Seriously, what is it with you guys? The OP has written a few short sentences about their accident and now you all have them down as some money grabbing fraudulent claimer who has no chance of winning their case? Just leave them alone, the only advice they needed was 'if you want to make a claim, go and see a solicitor', not a half-assed 'you will never win a claim cos you already had a sore back'.

As for the people who say the likes of 'if you can't explain to us now how are you going to do it when there are solicitors are involved' please, just get over yourselves, you are really not that important that he/she has to explain the whys and wherefores of their accident to you. You are not, as far as I a aware, legally qualified to assess whether there is a potential claim or not.

Just because someone has made their own claim against someone i.e. ukmike and it was a long drawn out process does not mean that every claim is. In the OP's case the other side may admit liability straight away because the boxes were blocking a walkway and, depending on the lay out of it - it does not necessarily have to be a straight walkway - the boxes may not have been visible until it was too late? That it just one possible scenario.

Anyway, clear up a few myths that have been stated here

1. Accident book is for employee's peace of mind? NO it is not, it is the law that they have to keep one and any accident/incident which occurs on the premises has to be included in this.

2. A pre-existing back condition means no claim? NO a pre-existing condition could be worsened by an accident and give it an acceleration period e.g. could further your symptoms to what they would have been in around 10 years time. Orthopaedic experts can differeniate between these things

3. You should have told your employers about your back, you will be disciplined as they would have risk assessed you? This made me laugh. The OP would have been risk assessed with regard to his workstation - they could NOT have risk assessed him for tripping over boxes, that would be good foresight on an employer's part

There is probably loads more bumf out there on this thread, best thing to do is ignore all advice given on it and go seek legal advice, that way it avoids any confusion and armchair lawyers dishing out rogue advice

ukmike

The OP has written a few short sentences about their accident and now you all have them down as some money grabbing fraudulent claimer who has no chance of winning their case? Just leave them alone, the only advice they needed was 'if you want to make a claim, go and see a solicitor', not a half-assed 'you will never win a claim cos you already had a sore back'.

The fact of the matter is how on earth after just a short time after the *alleged* accident,you can say you can't do you're job again.No GP would state that,they would refer you to a consultant which will take a long time.Sorry but this is a non starter.

asbestos2008

Well he didnt answer any of my questions!! Obviously made up story!!!

lepetit

Fortunately I don't have to answer to you