We're aware that some users are experiencing technical issues which the team are working to resolve. See the Community Noticeboard for more info. Thank you for your patience.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Comprise agreement that didn't take into consideration my sickness

Options
13567

Comments

  • antrobus
    antrobus Posts: 17,386 Forumite
    MoonDragon wrote: »
    ...
    Now the challenge is to find a good solicitor that accept Legal aid.

    There is no longer any legal aid for personal injury cases in the UK.

    The challenge would be to find any solicitor willing to take the case on a no-win-no-fee basis.
  • antrobus wrote: »
    There is no longer any legal aid for personal injury cases in the UK.

    The challenge would be to find any solicitor willing to take the case on a no-win-no-fee basis.

    Ok, thanks.

    As further information : i just remember that in the compromise agreement my employer was offering an "outplacement/career advice for a three month period" (valid for 6 months) but I was too sick [I even thought at that time that I will become blind (intense burning eyes (like real fire in my eyes))].
    A cat who's been sprayed with hot water, will then be afraid of his own bowl of innocent fresh water.
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    Even if you are able to establish through medical evidence that your employer's conduct caused the health problem, you then have a further hurdle as you will have to persuade the court to extend the three year time limit.

    The rule is that the time limit is three years from—

    (a) The date on which the cause of action accrued; or
    (b) The date of knowledge (if later) of the person injured


    In other words, if you did not realise you had suffered injury (physical or psychological) at the time, and could not reasonably have been expected to know, THEN the time limit runs from the date that you discovered the illness/injury.


    But since you had already made a complaint about your health problems prior to leaving the company, it seems reasonable to conclude that this issue of your alleged work related problems was already under investigation.


    I think you will struggle to show that, 6 years on, these health problems, and the alleged link with your former employment, has only just come to your attention.


    I also think you will struggle to find a solicitor who will accept your case on a 'no win no fee' basis.


    However I wish you luck in your quest.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • Even if you are able to establish through medical evidence that your employer's conduct caused the health problem, you then have a further hurdle as you will have to persuade the court to extend the three year time limit.

    The rule is that the time limit is three years from—

    (a) The date on which the cause of action accrued; or
    (b) The date of knowledge (if later) of the person injured

    I think you will struggle to show that, 6 years on, these health problems, and the alleged link with your former employment, has only just come to your attention.

    I also think you will struggle to find a solicitor who will accept your case on a 'no win no fee' basis.

    However I wish you luck in your quest.

    Yes, it as been difficult to know what I had...during the first two year after redundancy i thought that was eyes problem...than I made further medical investigation oriented to psychological injury : I have concluded this with the brain scanner done two years ago that certify that my injury is NOT a brain tumour.
    A cat who's been sprayed with hot water, will then be afraid of his own bowl of innocent fresh water.
  • ILW
    ILW Posts: 18,333 Forumite
    Why do YOU think your conditioned was caused by your employer?
  • cr1mson
    cr1mson Posts: 930 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    edited 13 January 2013 at 5:33PM
    I honestly see this as a total non starter

    - it is too long ago

    - you cannot prove any link
  • I think if there was a way of proving the link the OP would have gone 'Bazinga - here it is' but hey ho.
    If you haven't got it - please don't flaunt it. TIA.
  • I leave you to define a psychological injury...and a way to define a link (with words...). At the main time i am waiting for tomorrow to ask experts viewpoint.
    A cat who's been sprayed with hot water, will then be afraid of his own bowl of innocent fresh water.
  • MoonDragon
    MoonDragon Posts: 203 Forumite
    edited 13 January 2013 at 5:52PM
    ILW wrote: »
    Why do YOU think your conditioned was caused by your employer?
    You previously asked me this question and I answered to you in post #10.
    A cat who's been sprayed with hot water, will then be afraid of his own bowl of innocent fresh water.
  • MoonDragon wrote: »
    I leave you to define a psychological injury...and a way to define a link (with words...). At the main time i am waiting for tomorrow to ask experts viewpoint.

    Exactly. You can't prove it!

    As LD says - good luck with your quest.
    If you haven't got it - please don't flaunt it. TIA.
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 350.9K Banking & Borrowing
  • 253.1K Reduce Debt & Boost Income
  • 453.5K Spending & Discounts
  • 243.9K Work, Benefits & Business
  • 598.7K Mortgages, Homes & Bills
  • 176.9K Life & Family
  • 257.1K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.