Accident at Work Claim

k66yla

I had an accident at work back in Jan 2009 and injured my leg.
Accident book at work was filled out on the day of the injury. Visited my GP who prescribed painkillers and rest. GP then refered me to physio...ultrasound massage etc. I've received 2 steroid injections which did'nt help. Then went back to the GP who sent me back to physio again, still no recovery. Finally I was refered to a Consultant at the hospital who then had xrays taken and he booked an MRI. The MRI found damage to my knee, so 8 weeks after that I had an operation, 2 and half years after the accident!

I put in a claim a couple of months after my accident and have filled in all the paperwork. Last February my solicitors sent me to a Consultant in Harley Street who recommended another MRI because my leg still is'nt 100%. The Harley St Consultant eventually sent his statement back to my solicitors who then forewarded it on to me to read and sign. He had made a few mistakes with dates so I could'nt sign it and it had to be returned back to the Consultant to redo. Still waiting for the updated one.
I've since been back to my GP who sent me off for 8 sessions of accupuncture. Only thing I noticed out of those sessions is that I'm allergic to the needles! More prescription painkillers to take when I get home from work, so I end up zombied out in the evening
I'm just getting p'd off with the GP fobbing me off with painkillers.

Sorry to go on.
The questions I want to ask are.....
Who pays for the recommended MRI?
My employer has denied liability, so do the solicitors think my case is a possible win?
The case has been going on for so long is it worth carrying on with it?

somethingcorporate

All these questions should be directed to your solicitors - they will be able to advise based on the facts of your case. I think when it comes to PI it can take many years to conclude for the very reasons outlined above (it can take a long time for injuries to be resolved) so do not worry too much about the time frame (and don't give up purely on this basis).

I was knocked off my bike over a decade ago, it was quite straight forward and obvious liability on the part of the car driver and it still took 2 years to unravel.

I knew people could be allergic to all sorts but your one about the acupuncture needles made me laugh and wince a bit at the same time (sorry!).

SarEl

Until such time as liability is established then the costs of any treatment not provided on the NHS are incurred by you or (if applicable) your insurers.

Nobody can really tell you whether you will win your claim or not - certainly nobody here because we don't even know what happened. But whu are you concerned about continuing your claim - are you paying for your legal advice? If you aren't you have nothing to lose but the inconvenience of how long it will take - which is likley to be the case because you are not recovered and the long-term prognosis is not available yet.

Save4ArainyDay

To decide whether the case is worth pursuing you need to give details of the accident and how it occurred. I will try to advise you based on the facts you give. I am a Chartered H S professional.

k66yla

Thanks for your replies. I guess I'm a bit down at the mo with things dragging on. I'm getting sick of the pain and just want another MRI so they can find the source and fix it.
I fell on snow/ice whilst out on delivery to a rural village. It was -9c that morning and I did tell my Line Manager that I was concerned about safety, due to not being issued snow/ice grippers for my shoes(managers said everyone had been issued them, infact no one received any) and that the lanes in that area arn't gritted due to the width of them. I was told tough, get on with it, its not that bad, stop moaning etc etc. I know I should've said no but I would of had a charge of misconduct/wilful delay to deal with if I had'nt of gone. There was no Severe Weather Policy in the office that year and no risk assessment done.
My union solicitors are dealing with the case so I'm not having to pay for anything.

SarEl

If your unon solicitors are dealing with it then you absolutely do not drop the case. But I am afraid that as I said, these things are slow and even if liability is proven, there is no way that settlement terms can begin to be discussed whilst your medical condition is not stable. Therefore, if it must go to court - which if the employer denies liability it probably will - It cannot go to court until the claim figure can be ascertained. If you were to miraculously wake up tomorrow all fixed, then the claim would be somewhat different than if it is never fixed and there is a medical prognosis of possible further complications in the future. And since the difference between the two amounts of moey would be very significant, the solicitors cannot rush things.

k66yla

Thank you very much SarEl.

BlueAngelCV

SarEl wrote: »

Therefore, if it must go to court - which if the employer denies liability it probably will - It cannot go to court until the claim figure can be ascertained.

Not strictly true. If it seems that your medical condition is unlikely to settle soon (& it is therefore likely to be a high value claim) then you can go to trial to deal with the issue of liability only. If that happens and they find in your favour you would then be able to request interim payments for a reasonable proportion of the likely value of the claim before it has settled.

Regarding the MRI scan if liability is denied and it isn't being done on the NHS then I would imagine that you are paying for it but if that is the case then you would have agreed to it before hand.

Have your solicitors not given you any advise on the prospects of the claim? You say you filled in all the paperwork but what stage is the claim at? Have court proceedings been issued?
I think that what you need to do is go back to your solicitors and ask them to provide you with an update regarding what stage the claim is at and what their advice is.

k66yla

The last time I phoned the solicitors the secretary told me that they have just received back the amended statement from the Harley St Consultant and they would be forewarding it to me once my solicitor has read through it. That was over 2 weeks ago but have'nt received anything yet.
I don't know what stage the claim is at. I'm guessing they just need me to check the Consultants statement is correct and sign it and then everything progresses.
I've not been given any indication as how they expect this claim to turn out.

dickydonkin

k66yla wrote: »

Thanks for your replies. I guess I'm a bit down at the mo with things dragging on. I'm getting sick of the pain and just want another MRI so they can find the source and fix it.
I fell on snow/ice whilst out on delivery to a rural village. It was -9c that morning and I did tell my Line Manager that I was concerned about safety, due to not being issued snow/ice grippers for my shoes(managers said everyone had been issued them, infact no one received any) and that the lanes in that area arn't gritted due to the width of them. I was told tough, get on with it, its not that bad, stop moaning etc etc. I know I should've said no but I would of had a charge of misconduct/wilful delay to deal with if I had'nt of gone. There was no Severe Weather Policy in the office that year and no risk assessment done.
My union solicitors are dealing with the case so I'm not having to pay for anything.

Playing devils advocate here but you have stated that you were aware of the risks you were placing yourself in. You also stated that you 'should've said no'.

Arguably, it is no different from an employee informing his boss that a guard is missing from a piece of machinery and is placing him at risk of injury. The boss says tough - get on with your work and then the employee loses a couple of fingers.

Lack of policies and risk assesments is arguably a defence - but you had already assessed the situation and you concluded that the situation was potentially dangerous - which it turned out to be.

Hopefully you had witnesses when you explained that the conditions were dangerous underfoot.

If not, your employer could deny the conversation took place and may even state that you never asked for snow shoes.

Hopefully you will get this sorted, but it does look as though it will be a protracted claim.

Save4ArainyDay

Go for it - they are in breach of the law. No risk assessment - this was required under the Management of Health and Safety at Work Regs 1999. No PPE - oh dear oh dear. They will have to pay. Keep that claim going.