Accident at work with former employer

woodess

Dont know if i have posted this in the right place but here goes
My son dropped a pallet on his foot whilst working for a former employer he reported it went to the hospital etc, but the company were not suportive at all so he didnt go back to the job but found another
He was not aware that he could put in a small claims for injury however on speaking to our solicitor she said she would fill in the claim form etc but because it wasnt going to be a large amount she wouldnt be able to help further.
He is now at the stage where the defendants are denying all allegations and he has been sent an Allocation questionaire from the court, it stated that he had to send £220 with the form when he sends it back!!!
I rang the court and said why does he have to pay this as it states on the claim that no more than 1000 for the claim, but they said because we didnt specify an amount the judge would make a decision.
Usually these things seem to be straight forward and i can usually understand and get through forms but you need to be in Mensa to understand this one:eek:
any help would be greatly appreciated

Sambucus_Nigra

And did he have safety footwear issued and if so, was he wearing it?

Were all manual handling procedures followed? WERE there any manual handling procedures or even MH training?

InsideInsurance

Also, it sounds like you have gone straight to issuing court proceedings rather than trying to negotiate with the former employer beforehand. Courts are the place of last resort and you are expected to have taken reasonable steps before issuing proceedings. Whilst failing to do this will not impact the judgement in the case the judge can make you pay the third party's legal fees even if you win if you haven't done this.

Jarndyce

InsideInsurance wrote: »

Also, it sounds like you have gone straight to issuing court proceedings rather than trying to negotiate with the former employer beforehand. Courts are the place of last resort and you are expected to have taken reasonable steps before issuing proceedings. Whilst failing to do this will not impact the judgement in the case the judge can make you pay the third party's legal fees even if you win if you haven't done this.

I don't believe any of this to be true.

You are not "expected" to have tried to negotiate a settlement in any type of civil claim as far as I know. In any case a claimant can get insurance to cover the possibility having to pay the other party's fees.

InsideInsurance

Read up on the civil procedure rules.... if it wasnt the case solicitors would issue proceedings on day 1 of every single claim as it massively increases the fees they are allowed to charge -v- out of court settlements. Hence why insurers are always so quick to acknowledge initial letters of claims despite then taking ages to respond to everything else


See http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/Makingacourtclaimformoney/DG_195639 for an ultra basic 101:

Taking legal action should be a last resort if other options don’t work. You should first see if you can:

• speak or write to the person or organisation you’re in dispute with
• try an alternative to court, such as ‘mediation’

Mediation is when an impartial person helps both parties to work out a solution to a dispute. Mediation can be quicker and cheaper than going to court.
Before making a claim

You must give the other party a chance to pay by sending them a final warning letter before making a court claim.

SarEl

Jarndyce wrote: »

I don't believe any of this to be true.

You are not "expected" to have tried to negotiate a settlement in any type of civil claim as far as I know. In any case a claimant can get insurance to cover the possibility having to pay the other party's fees.

Of course it is true. That is why there are things called "letters before action". A court is a point of last resort - the OP has not given the employer any chance to consdier their alleged claim, assuming there is any liability at all. Having an accident at work is not the same thing as the employer being responsible for it or having any liability for it.

And you cannot get inmsurance after a claim has been made - insurers want to know that you are not being unreasonable or litigatious. They will not take risks over people who are.

Jarndyce

I stand corrected.:embarasse

InsideInsurance

SarEl wrote: »

And you cannot get inmsurance after a claim has been made - insurers want to know that you are not being unreasonable or litigatious. They will not take risks over people who are.

You can actually get after the event insurance - see http://www.boxlegal.co.uk/frames/home/index.php as an example

It was popular when No Win No Fee started and nearly bankrupted a couple of insurers

ILW

Does not sound like the injury was at all serious anyway. I would have thought any compo would be minimal.

SarEl

InsideInsurance wrote: »

You can actually get after the event insurance - see http://www.boxlegal.co.uk/frames/home/index.php as an example

It was popular when No Win No Fee started and nearly bankrupted a couple of insurers

Am I not correct that this is insurance for solicitors? The OP isn't one and doesn't have one. As a barrister it doesn't apply as we have our own insurances, but I thought it was just for solicitors.

woodess

I will try and answer all the statements if i can
The biggest issue was he did not receive any safety training he was just thrown in at the deep end, he wasnt provided with any safety footwear and this did not appear to be an issue with them. He was told how to lift the pallets correctly they had to be manually stacked.
This claim started about a year ago and the solicitor dealing with it wasnt really punctual if i am honest, cut a long story short another solicitor took over and informed him that if she had been dealing with the case she would have stated straight away that it was only a small claim and we would have had to do it ourselves. They did pay the initial £70 fee for the incovenience!
He did go to casualty straight away after telling a supervisor the hospital said it severley bruised and they strapped him up and gave him crutches.
My husband took him into his workplace the following evening to explain to them what had happened and ask for the accident book to log it to be told "the accident book is in the office and it is locked" I believe that an accident book should be accesible at all times.
The supervisor stated that he didnt believe him which understandbly upset him somewhat and he said i am not going back there because they have made me look an idiot and they dont care about health and safety.
I think i have covered everything
thankyou for all your replies
Woodess