Can anyone advise on a accident/claim issue please. Thoughts need

swingaloo

Victory. Thank you for the response. I need to clarify a point I got wrong in an earlier post and also explain some points.
The report he was given 7 months later was the report from his return to work interview, not the accident report. He was never given an accident report, indeed he wasnt even aware they had done one as the manager had refused to do so. He only discovered one existed and got to see it about 4 weeks ago when the solicitor informed him the he had been sent a copy and forwarded it to us. By then he had been left the company 8 months and so it would not be possible to have had it corrected.

Oh did write all the details of what happened for his record and gave one to the manager at work, although what his manager did with it is unknown. As for pictures, at the time the path was covered with snow and ice. Whe he reported the accident the deputy manager said they would be going out to take photographs the following day and that if they needed oh to be present they would ring him. He asked about the photographs and report on hios return to work 5 days later and was told that they ' hadnt found time to do it and now its pointless because a lot of the snow has melted'. He didnt take photos himself because as far as he was concerned management were going out to do it. Thats the proceedure that should have been followed according to the company handbook.

As far as the statement from the other employee goes, at the time there was no need to do that. He didnt know he was going to end up permanently disabled and out of work. There were no thoughts of a claim.

There is no covering up of the truth, at least not on our part. There is nothing to cover up. As I said there was no thought that he would end up in this situation and even if he had expected it we certainly wouldnt have had any reason to think they would tell complete lies to the solicitor to avoid any responsibility.

**curlywurly**

TBH, as this is such an important issue I would get a second opinion. Unfortunately many solicitors' firms who work for trade unions don't use qualified lawyers as their claims handlers, and since it is the union who is paying their fees, and not you, they are just in a hurry to get the case off their books.

If I were you I would not go through the phone book looking for a lawyer, I would contact the Association of Personal Injury Lawyers and ask for a recommendation (google them). All solicitors' firms registered with APIL use specialist Personal Injury solicitors, they are heavily regulated, have to do specialist training etc. It can do you no harm to get a second opinion. Obviously you need a firm who will do it on a Conditional Fee Agreement (CFA) (commonly known as a No Win No Fee). You need to tell the solicitor that you are already represented - you can't be represented by two firms at once if proceedings are ongoing (it's not clear from your post).

As for the liability point, you need to take advice on that. It is not necessarily accurate to say that because he wasn't wearing the correct shoes, liability should be split 50:50. There is so much more to it than that, and that's before you get to the evidential difficulties of who is telling the truth on that point. For example, have their been expert reports on how the injury was caused and whether the shoes would have made a difference to the injury? Again, a specialist firm will be able to advise you on that.

I don't agree you have made schoolboy errors - as you said, you had no idea of the severity of the injury at the time, and the accident book/gathering evidence was the least of your worries at the time. I don't think the company will come up smelling of roses if their procedures are as dire as you describe them.

JoJoB

Have you discussed this case with ACAS? They obviously know every trick in the book that employers will pull in a case like this and may be able to advise re likely outcomes.

Are there any employees still there who would be willing to back up your OH's testimony?

It may be that an unpalatable compromise may be called for with the 50/50 offer if you want to get anything at all - but do check with ACAS first, they may offer a different perspective.

geri1965_2

What were the circumstances of the accident? Why is there an issue over footwear - would wearing adifferent type of shoe have prevented it?

I would be inclined to get the advice from the barrister.

swingaloo

Thanks for all the replies so far. Food for thought and some good suggestions.

The issue about the footwear is simply because he worked as a postman and they are given specific non slip boots to wear. The weather at the time was terrible and so if he hadnt been wearing the correct shoes he would have been asking for trouble.

Its like anything else I suppose, its minimising risk. If an item is provided because its necessary to do your job safely then you would have yourself to blame if you didnt use it.
If there was proof that he wasnt wearing the correct shoes (which there cant be because he was) then they would be correct in saying 'tough, its your own fault'.

Doglover

Hi. Curlywurly is totally right. Contact APIL and ensure that any new lawyer appointed has the full facts asap.

It may also be worth checking your home insurance to see if you have legal expense insurance as they may pick up the tab for legal fees. It's probably best to get this info and a copy of as much of the file as poss without raising suspicion and go and see a new lawyer found via APIL face to face.

With employer liability claims there is always a lot more to it so please don't rush any settlement. However always remember that a percentage of something is better than nothing.

On a separate note see if your lawyer can look at appointing a rehab specialist or employment consultant to help your DH get back into some sort of work. It'll help him no end.

Good luck

Tiddlywinks

Start from scratch:

1. Draw up a time line from the date of the accident - detail eveything relevant. Use bullet points and keep it brief and to the point. No opinions just facts.

2. Look at the staff handbook - list all the things that your husband was required to do surrounding his duties on the day of the accident. Again, bullet point it and show things such as use of correct kit, following any risk assessment instructions etc

3. List what he needed to do as a result of his accident and marry that with what he actually did do. This demonstrates that he was aware of procedures and followed them. Where he didn't follow a process record that as well and state the reason e.g. unable to because of absence, injury, told not to by employer etc

4. Look at the handbook and list everything that the employer was required to do on the day of the accident. Marry that with what they actually did do. This will demonstrate that procedures were not followed - very importantly, it will then show that if they did not follow process and complete adequate documents on the day then they are not as reliable as they want to appear to be.

Include the lack of accident report (there is actually a need to record 'dangerous occurrances' and not just accidents), failure to take photos, no mention of missing footwear in the following months etc. Again, don't express opinions only state facts as you understand them.

Food for thought:

Was your OH admitted to hospital / treated by paramedics? Would any of the staff recall the footwear? Did they have to remove it to treat the injury?

What is the nature of the injury? Would not wearing the correct boots have contributed to it? For example, on a building site you must wear a hard hat. If you had an accident and tripped over and broke a thigh bone then the lack of a hard hat would not have significantly contributed to the injury HOWEVER had a lump of concrete fallen from above and a head injury occurred then the lack of a hat would be very significant indeed. Do you see my point?

Once you have prepared you brief as detailed above send it to your solicitor and outline that you want him to consider these facts - including the lack of due process by the employer - and then ask him whether (given these facts) he still feels that a 50 / 50 settlement is the only option. Ask him for his reasons - why does he believe the employer's word on the boots is more believable that your OH's side of events.

Good luck.

geri1965_2

What did he slip on? Where? If they are denying liability, they need to provide documentation in support of their denial. What documentation have they provided? Is the footwear the only reason they are denying liability? If so, what evidence do they have that he wasn't wearing it? Your solicitor needs to press them on this issue.