Do we have a case for Compensation?

FeistyFidget

Hi all, not sure if this is the right place to post this so apologies if not!

In June 2012 my DH was working for one of the large supermarkets as an online shop picker. He suffered an accident when picking up a pallet and having it slip and injure him. The pallets had been brought in from the rain and there was no signage to warn the top few were wet.

The injury resulted in a testicular hydroseal forming. After 11 months of attending hospital appointments and constantly chasing it up, he had an operation performed to remove it Wednesday.

He has no developed complications that result in a haematoma and irregular heart beat. The haematoma is a definite result from the surgery, but the irregular heart beat could be due to his congenital heart disease. He is now in a high dependency ward receiving treatment for both.

Not sure if it would be relevant, but we were registered as unexplained infertile and advised to proceed with egg donation and IVF - we have been unable to do any of this for the last year due to the injury.

So my question is, does it look like we have a claim for employers liability compensation? We originally decided not to look into it as both fear the stress and stigma involved, but as DH will be on SSP for the foreseeable future, and I am having to take an unpaid leave of absence (self employed) we are going to be struggling quite a bit. I understand that these things take a long time, but it would be somewhat reassuring to know we have a shot.

Thanks in advance

ETA it did go in the accident book and DH reported that management were flapping around and seemed quite anxious at the time.

rs65

You need proper legal advice - not forum advice.

FeistyFidget

rs65 wrote: »

You need proper legal advice - not forum advice.

Well obviously that goes without saying. We have been in contact with a few, but are waiting to hear back. In the meantime I thought I would ask for some advice here

redskyatnight_2

Well if it was employer error/fault, then most people would be able to claim, but it has been left a long time. Almost a year. So if it goes to tribunal, that may be brought up.

You should see CAB. I don't think solicitors do free consultations any longer, to put off people claiming for stupid nonsensical things (I'm not saying your husband's falls under this category BTW.) So you can't get a free consultation, but CAB should be able to tell you if you have a case. Good luck.

BertTheRaccoon

Most law firms will do a free consultation, so no need to bother CAB who are breaking under the strain with the demise of legal aid thanks to the current Tory government.

Just make sure you approach an actual law firm and not a claims management company

opinions4u

Was he a trade union member?

That's where I'd start.

System

FeistyFidget wrote: »

The pallets had been brought in from the rain and there was no signage to warn the top few were wet.

Didn't he notice when his hand got wet when he touched them? or maybe even water dripping off them or a slight glistening?

FeistyFidget

!!!!!! wrote: »

Didn't he notice when his hand got wet when he touched them? or maybe even water dripping off them or a slight glistening?

I'm not 100% sure of the exact circumstances but he stated there was no indication they were wet.

My only concern is that we would have to approach a no win, no fee agency as due to current associated hospital costs, we can't afford to pay

BertTheRaccoon

What's wrong with using a no-win no-fee solicitor?

If you don't win anything, then you don't have to pay anything. If you win, the maximum "success fee" the solicitor can deduct from your winnings is 25%.

FeistyFidget

Berttheraccoon, thank you that was very informative