injury during carpet fitiing - claim?

lisyloo

Would appreciate objective views on the above.

Carpet fitters come round to fit carpet in small flat.
They know residents are elderly and immobile as they are asked in advance to move furniture.

My mother-in-law cut herself badly on the edge of a toolbox whilst walking into it.
Possibly an opened toolbox where the opened top shelf was bigger than the lower part i.e. sticking out.
Because she's 79, cut was bad and healing is very slow. Possibly won't heal due to water rention on swollen legs meaning the swollen skin cannot easily knit together. Needs regular visits for change of dressing as arthritis means she cannot bend down to change herself. Certain amount of pain especially as she has to lie on it (can only sleep in certain posistions due to arthritic legs).

Entrance
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| X |
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Tool box was left where the X was.

Arguments on her side

1) They knew she was old, immobile and disabled.
2) They shouldn't have had the toolbox on the floor, should have been on a chair or table.
3) They should not have left it open with the "shelves" sticking out

Argument on their side

1) She should have looked where she was going as she knew they were working there.
2) It was put "out of the way" to allow access along the corridor to the bathroom and kitchen and they had to put it somewhere.

I am not sure exactly what happened but some reports are that she was carrying a large bundle of washing and would not have been able to see the floor.

She is torn between "not wanting a fuss" and being annoyed about the suffering (which is much worse because of her age).

My suspicion is that she would get something if she pursued a case simply because paying out is a lot cheaper than going to court, so insurance companies tend to settle.
However I think it's going to be a certain amoung of grief which is going to be a certain amount of stress to handle at her age.

Any comments to help me decide what to advise her.

BTW- they do have legal insurance on their home insurance.

mclaren_2

I can only advise you to go and see a legal aid lawyer - as they would beable to tell you if you have a case or not.

Looking at it from where i am, i would say it was borderline - as per the reasons on both side which you have mentioned.

I personally think that a little componsation is needed - and i suspect if you complain to the company, they might reduce the fitting to half price or take x% off the fitting for compo.

lisyloo

go and see a legal aid lawyer

I don't think they will qualify for legal aid due to savings, but they do have legal insurance.

they might reduce the fitting to half price or take x% off the fitting for compo

Bill has already been paid.
Not quite sure of the sequence of events but she's 79 and isn't very astute.
At the time it probably wouldn't have been a big deal.
It has only become an issue because of the continuing nature of the injury.

mclaren_2

Are they a big company? If they are, write to the MD and tell them exactly what happened. If they are a small company, best way to do it, as i said would be to talk to a lawyer, or get legal advice on the matter - as it is borderline as i said

Do remember that it can take years to get anything out of any company though

lisyloo

I think they are a small local company.
I have spoken to them today mainly to make sure that their staff had reported it to the business.

They did know about it but were not aware that the injury was ongoing.
The guy said he was sorry that her injuries were continuing but they'd spoken to their solicitors and they didn't think there was negligence because clearly they need to put tools somewhere when they are working (but that's what they are bound to say).

I don't particularly have any strong feelings either way after talking to him as quite clearly his hands are tied as far as admitting liability goes.

We perhaps should have used payment for leverage but it wasn't at the forefront of our minds when we were thinking about ambulances and hospitals.

I think I'm going to warn her that it will be slow and a great deal of stress.
She is at home all day looking at 4 walls and because of that is quite impatient inevitably because she has a lot of time to dwell on things.
I think she will find the process quite stressful.

Shambler

..and at the end of the day it won't help her heal any faster.

I say forget the whole thing and concentrate on helping her back to full health.

lisyloo

..and at the end of the day it won't help her heal any faster.

Agreed.
It's just everyone keeps telling her "you should put in a claim" which obviously has made her wonder whether she should.

I say forget the whole thing and concentrate on helping her back to full health.

Full health is not a possibility as she has severe inoperable arthritis, but yes I am going to make her aware that it will take a long time and be stressful and it's very easy for people to say "you should claim".

We will be taking her on a cruise in 3 weeks time :-)

FRUGAL_4

lisyloo wrote: »

Agreed.
It's just everyone keeps telling her "you should put in a claim" which obviously has made her wonder whether she should.
:-)

I too think this is very borderline, I must admit I do not agree with this compensation culture thing which is ongoing at the moment, why should people get a payout for a slight injury, the person involved is not losing money because she is not working as a result of the injury, I am in no way having a go at you personally. I have a "friend" who claims alot, he must be quite clumsy, he falls alot, has numerous car accidents etc and approaches these no win no fee solicitors, he is currently in the US for the 3rd time this year and he doesn't work, I may just shop him for fraud next time he does it.I use the term "friend" very loosely, I now he reads this website so if he is reading you have been warned.

I do hope you relative recovers soon, her health is far more important than money in her late years.

lisyloo

why should people get a payout for a slight injury

I think she'd disagree with you that it's slight.
She needs medical attention on an on-going basis.
It is causing pain for several hours a day and is likely to take many months to heal.
For old people these thing can turn into ulcers and never hea.
It is certainly causing her a lot of worry.

Now clearly it's not the same as losing a limb, that doesn't mean it's not a great worry especially to someone of that age.
It might never heal or get infected or ulcer.

the person involved is not losing money because she is not working as a result of the injury

Yes you are right there is no financial loss here and she isn't claiming for any financial loss.
Any compensation would be for pain, suffereing and stress.
They are being inconvienienced by having to wait in once or twice a week for a nurse to arrive - not earth shattering I know but old people are not good at beiong flexible, they expect to go shopping at the same time on the same day every week and will get worried if they can't.

If she needs medical attention on holiday (on the cruise ship) then it will have to be paid for an a financial loss incurred.
They may be able to receive something back from insurance but not the excess.

I have a "friend" who claims alot

From what you say it sounds like your friend is making false claims.

This is a genuine claim (although I agree it's borderline and negligence is not at all clear). There is no way she would have deliberately have done this, in fact she doesn't want to claim it's others that are making her question that.

I do know that it is such a painful struggle for her to walk at all that she has very little awareness of other people or obstacles because all her concentration is on the physical task of walking.
Most people have to get out of HER way but on our last holiday she ran over a man who was blind.

I suspect that she is at least partly to blame but I also think it would be good practice to put the tool box on a shelf or chair (but then hindsight is a wonderful thing).

mclaren_2

lisyloo wrote: »

I think she'd disagree with you that it's slight.
She needs medical attention on an on-going basis.
It is causing pain for several hours a day and is likely to take many months to heal.
For old people these thing can turn into ulcers and never hea.
It is certainly causing her a lot of worry.

Now clearly it's not the same as losing a limb, that doesn't mean it's not a great worry especially to someone of that age.
It might never heal or get infected or ulcer.

You have said it yourself - there is no finantual loss. Sure, its a cut but end of the day, she didnt cut her foot off now.

In my opinion - ongoing basis means several times a day. You have said that a nurse comes in twice a week so i dont see how it is "on-going". (and we are only talking about the cut - not amputation)

Injurys in old people take longer to heal - we all know this. It will heal though, it wont get infected if it is kept clean and the dressings have been getting changed frequently.

IMO i would forget about it and tell her to do so aswell.

I am not trying to be funny in the slighest but she is 79, and she might not have long to go. If i was her, i woudl live her life to the full NOW, instead of waiting on some claim to come through (that might not come through- and if it did, would only be for couple of hundred).

but old people are not good at beiong flexible

- yes but since she does not work, she can go shopping another day. IF she can go shopping, she is fine imo.

If she needs medical attention on holiday (on the cruise ship) then it will have to be paid for an a financial loss incurred

She is at home all day looking at 4 walls

Hate to say it but if she is looking at 4 walls all day, the how can she go on a cruise ship? - she can go on a ship, she can go out. She is not a paraplegic (whom i did see running a marathon on sunday - using special designed spring legs).

I am sorry if i have worded the above wrong, badly or tha tbut i have form of autism - i dont know if i have worded badly or that so i am sorry if i have offended - i dont mean to, i mean to be helpful.

lisyloo

You have said it yourself - there is no finantual loss.

In this country people are entitled to compensation if they have been put to suffering, pain or stress through someone else's negligence.
This even extends to "loss of enjoyment" e.g. if you couldn't drive your sports car for a period of time.
I agree with this principle where it's a genuine claim.
Perhaps you don't agree with the principle but it's still a fact that the law operates that way.

In this case I would agree that it's borderline and that she is guilty of "contributary negligence" i.e. not looking where she was going.

Hate to say it but if she is looking at 4 walls all day, the how can she go on a cruise ship?

Myself and my husband (both able bodied) are accompanying her (and her husband).
She can get round the ship with a frame.
For longer trips ashore we will push her in a wheelchair.
Cruising is a very suitable holiday for them, because they can play cards and be entertained (with bingo etc.) in total comfort.
We have done various holidays before and cruising is by far the most suitable for them (as opposed to coaches and planes).

Family members all help out when they can but all children and grand-children are in full time employment so help is limited to whatever people can fit in with their jobs and other family members (I have older and iller relatives than her so we have to share out our limited time fairly amongst the families).

i dont know if i have worded badly or that so i am sorry if i have offended - i dont mean to, i mean to be helpful.

No offence taken.
I asked for opinions.
I'm just looking for the best way to advise her and all opinions are useful.

I don't think you and I agree on the principle of compensation where there is suffering, but I think we agree that in this case it's best that she concentrates on ssomething else.
Because I know her, I KNOW she will stress about it whilst waiting (months) for letters to arrive.
This is heightened because there is not much else going on in her life (sitting looking at 4 walls all day) which causes her to dwell on things constantly.