Accident at work claim

Merrylegs1969

Hi,

Not entirely sure if this is the correct forum for this query but, here goes, the short version....

I had an accident at work a couple of years ago in which I broke both my legs, it is due to go to court imminently. Not being interested in hunting them down for every last penny, we didn't keep track of petrol receipts, car parking receipts etc. for hospital appointments or clothing receipts, had hardly anything which would go over a pair of matching knee length casts!

I would want to however, claim for the time my husband spent as a carer for me, as I was wheelchair bound for a few months I couldn't access the kitchen, get to the bathroom, have a shower, get outside etc. etc. without him there to help me. Is this something which would be considered to be taking the proverbial in court or a reasonable expectation? It also impacted our income as, instead of being able to work some overtime, a lot of his spare time was needed at home.

Thanks in advance for any replies.

hugoshavez

Merrylegs1969 wrote: »

Hi,

Not entirely sure if this is the correct forum for this query but, here goes, the short version....

I had an accident at work a couple of years ago in which I broke both my legs, it is due to go to court imminently. Not being interested in hunting them down for every last penny, we didn't keep track of petrol receipts, car parking receipts etc. for hospital appointments or clothing receipts, had hardly anything which would go over a pair of matching knee length casts!

I would want to however, claim for the time my husband spent as a carer for me, as I was wheelchair bound for a few months I couldn't access the kitchen, get to the bathroom, have a shower, get outside etc. etc. without him there to help me. Is this something which would be considered to be taking the proverbial in court or a reasonable expectation? It also impacted our income as, instead of being able to work some overtime, a lot of his spare time was needed at home.

Thanks in advance for any replies.

This is probably the best forum for you, and someone more knowledgeable than me'll be along in a while, but I'd say two things:

The losses you've mentioned are valid heads of claim (though the husband's loss of OT will be argued down, may come down to whether his total loss of earnings is comparable to the cost of professional assistance)

But your solicitor should definitely have explored these details with you long ago. Get onto them now!

Merrylegs1969

Hi Hugoshavez,

Thanks for taking the time to reply! We're not claiming for any loss of earnings on his part, more just making the point that it impacted us in lots of ways.

I started this claim with a local firm to us, who then thought (given the rottweiller type nature of my employers insurers) that we may need a firm with a more aggressive approach who specialise in PI, they then introduced us to a firm in Manchester which is the other end of the country (pretty much) to us. I have taken part in conference calls etc. but haven't really explored this with them. I'm sure though that the original firm handling my claim did mention it to me, so just seeking clarity really.

hugoshavez

Definitely get onto them tomorrow, make a list of all the ways you feel the incident has impacted you financially and run through it with them.

Claims for injury are complicated because there are a lot of different 'heads' that can be claimed under, and it takes a specialist to identify them all.

It's maybe worth asking: Do you know whether the employer is disputing liability or if they're just unhappy over the amount claimed?

Merrylegs1969

It really is something of a minefield for me and, to be honest, I actually find it really difficult to keep discussing the event. I really want to move on and leave it behind me, had I been marginally less lucky it was an accident which could easily have cost me my life.

Am dreading the prospect of having to go to court and often wish I'd just left it.

I know that they're disputing liability. Basically, they asked me to undertake a role for which I'd had no training, when I voiced my unhappiness and dissatisfaction with this, they forced the issue. They have claimed that there were two trained people on site on the night in question, there wasn't. One was away and the other was only trained after the event. Accident reports that would have been more professionally produced on the back of cig packets, and I have copies of my investigation meetings where the HR Manager admits that I shouldn't have been asked to do what I was, giving me the option of raising a grievance on the grounds of fair treatment.

Solicitors and Barrister feel my case is good, am just terrified and feel sick at the prospect is all.

hugoshavez

OK, the barrister's in the best position to judge your prospects so his/her optimism is good.

They may have told you that as the court date approaches the other side may become more willing to settle. You may see offers, you may not.

If it does go to court you'll probably find the anticipation is worse than the experience itself. It's not so bad, but it is adversarial. If your OH's been so good at helping up til now maybe he'll also give you some practice at having someone being a bit cruel to you. Make a game of it.

Rely on the experts for advice, but make sure they have all the facts. Make the list of financial losses and go through it with the sol.

Good luck.

Merrylegs1969

Thank you very much, will be so glad when it's all over, the whole affair leaves me cold!

Whichever way it goes, I'll post an update as and when.

Thanks again.

Crazy_Jamie

Is this something which would be considered to be taking the proverbial in court or a reasonable expectation?

It is a reasonable expectation. What you have described is known as 'gratuitous care', which the recovery of damages for care that was provided for free, usually by a family member. You will probably receive damages on the basis of the work that he did caring for you at a base hourly rate, as opposed to his loss of earnings for overtime that he may have worked, but your solicitor will explore those options with you. Certainly if you haven't already done so it is important to make a note of the time that he spent caring for you. Obviously this doesn't have to be exact and can only be a reasonable estimation, but it will help if you have a rough idea of how much time he spent caring for you on a daily or weekly basis.

As regards your concern about going to court, that is an entirely common and normal reaction to the possibility of having to give evidence. It can be especially stressful in cases where liability is disputed and there is a factual discrepancy to the extent that the other side is saying that you are wrong about something. In reality it will likely not be as bad as it seems in your head. Your solicitor will draft a witness statement for you (if they haven't already), and that will stand as your primary evidence, so you won't have to say all that again. All you have to contend with is the cross examination, and whilst that may seem a scary prospect it is just answering questions. I know me saying that sounds very simplistic, but it is actually that simple. You don't need to worry about formulating your case or what the barrister is getting at with the questions; you will have a barrister at trial who will handle your overall case. You're simply there to give your evidence, which means being honest about you saw or didn't see, or about what you knew and didn't know. There may well be some questions that you find difficult because you'll have to relive the event to an extent, but it's just a matter of staying calm and being honest. Providing you do that you should be absolutely fine.

hugoshavez

Crazy_Jamie wrote: »

It is a reasonable expectation. What you have described is known as 'gratuitous care', which the recovery of damages for care that was provided for free, usually by a family member. You will probably receive damages on the basis of the work that he did caring for you at a base hourly rate, as opposed to his loss of earnings for overtime that he may have worked, but your solicitor will explore those options with you. Certainly if you haven't already done so it is important to make a note of the time that he spent caring for you. Obviously this doesn't have to be exact and can only be a reasonable estimation, but it will help if you have a rough idea of how much time he spent caring for you on a daily or weekly basis.

As regards your concern about going to court, that is an entirely common and normal reaction to the possibility of having to give evidence. It can be especially stressful in cases where liability is disputed and there is a factual discrepancy to the extent that the other side is saying that you are wrong about something. In reality it will likely not be as bad as it seems in your head. Your solicitor will draft a witness statement for you (if they haven't already), and that will stand as your primary evidence, so you won't have to say all that again. All you have to contend with is the cross examination, and whilst that may seem a scary prospect it is just answering questions. I know me saying that sounds very simplistic, but it is actually that simple. You don't need to worry about formulating your case or what the barrister is getting at with the questions; you will have a barrister at trial who will handle your overall case. You're simply there to give your evidence, which means being honest about you saw or didn't see, or about what you knew and didn't know. There may well be some questions that you find difficult because you'll have to relive the event to an extent, but it's just a matter of staying calm and being honest. Providing you do that you should be absolutely fine.

When I said someone more knowledgable in post #2 I actually had you in mind!