Losing toe

Somerset

dickydonkin wrote: »

As I alluded to earlier, it matters not one jot what we think on here - that includes my input and yours - it is what a solicitor would determine who would be able to ask the OP for all of the relevant information that would be required to detemine if there was an element of negligence.

I have no idea what accident reporting procedures are in place at the OP's workplace, however, after such a seemingly innocuous injury, it is understandable why the OP did not report the incident in the first place- although I certainly do not condone it.

Hopefully the OP's employer will have a decent health and safety department who will now conduct an accident investigation and determine how and why the injury occurred.

That IS the point - and that is how it should be done, however, interestingly enough, you made a great effort in diminishing the OP's claims but made no reference of the employers potential shortcomings in this.

No, the one single point, that every other argument flows from, is that it was a workplace incident. There is no evidence it was.


If making the argument that any insurer would make is 'diminishing' the claim, then good, because that's what the insurer will do, if they don't outright reject it. And if the insurer's reject it, on the basis they find no evidence that it occurred in the workplace, the employer's shortcoming's or not will be irrelevant.


Edit : kevhky, I'm playing devil's advocate. After working there 28 year's I've no doubt you're genuine. But with any speciality of law, it's all about what you can prove, the paper-trail, not necessarily what the truth is.

fruitedeli

OP needs to contact the 'witness' of the incident to see if that witness can even remember what happened, and on what day. Only then can OP ask if there is any CCTV footage, assuming there is CCTV and the employer retains copy of it for so long.

kevhky

fruitedeli wrote: »

OP needs to contact the 'witness' of the incident to see if that witness can even remember what happened, and on what day. Only then can OP ask if there is any CCTV footage, assuming there is CCTV and the employer retains copy of it for so long.

Hi there
I work along side the witness which I see pretty much every day at work, witness can remember the day it happened but not the actual date if than makes sense

Regards to CCTV I operate and use the CCTV equipment but it only stores it for 3 month then overwritten although the accident didn't occur where there is CCTV coverage

goonarmy

Have there been any changes to the work methods, risk assements or PPE provided? That may be evidence in it self that the activity wasnt safe.
I know of one global corp that sounds similar to this that somehow hasnt been repeatedly done for crush or amputation injuries with similar sounding trollies.

comeandgo

There is not a lot of money to be got for compensation for one toe. You,d probably get more for big toe. Ex had four toes amputated due to accident at work, company were fined and he got less than £3'000.

geri1965_2

Definitely worth seeing a solicitor. OP, the first time you saw your doctor, how did you tell him/her the accident happened?

kevhky

geri1965 wrote: »

Definitely worth seeing a solicitor. OP, the first time you saw your doctor, how did you tell him/her the accident happened?

By running over my toe with the trolley

SeaLion_2

Check with your house insurance if you get legal advice. That could give you pointers as to your next steps.

kevhky

SeaLion wrote: »

Check with your house insurance if you get legal advice. That could give you pointers as to your next steps.

Good point but recently changed house insurance provider, will see if I have legal advice on it

kevhky

comeandgo wrote: »

There is not a lot of money to be got for compensation for one toe. You,d probably get more for big toe. Ex had four toes amputated due to accident at work, company were fined and he got less than £3'000.

That ain't a lot is it, thought would have been a lot more than that

Not that I'm seeing pound signs just thought it would be more but to be honest no matter how much I'd rather have me toe