Re Possible action

Pink_Fairy_2

Hi

I'm not sure if this is in the right place. :undecided I'm sorry if this is a bit wordy, but thought it would help if those in the know had all the facts.

In November last year I had a really trivial seeming accident in work. There were newly fitted fire doors at the top of a staircase. I pulled the door (several people in my office had complained about how stiff they were, but the building managers had apparently said they could do nothing) and it hurt my wrist, so I used both hands. My wrist was painful all weekend, so I submitted an accident form and the doctor said it was a sprain which should gradually ease, but it can take a few months. I saw her a few weeks ago, as it's no better and she said she can refer me for physio but there is a very long waiting list on the NHS. I have also had an xray. She asked if I had any health insurance, which I do, through work, but I have to pay the first £200 of the claim. I asked HR if they could help, but as it was outside of our offices, she passed it over to the building management. They said I would need to "seek legal advice", so I did and was advised to write a letter asking if they would pay the £200 "without prejudice". That was over 2 weeks ago, the letter was hand delivered, but I've heard nothing and am still in quite a bit of pain. My main job involves a lot of driving, writing and using a computer, all of which are quite painful. I am also qualified as a massage therapist, recently completing another course (started prior to the accident) which I could only achieve with the aid of pain killers. It is also painful to undertake my normal leisure activities such as knitting and cross stitching, lifting my grandchildren and even lifting a kettle or plate.

I am now coming to the point where I feel if they refuse to pay the £200, I may contact one of these "No win, no fee" companies, although I originally had no desire to pursue a claim.

I should say that, although the original response to my accident being reported to the building management was that they were unable to do anything abiut the door, it has since been modified and opens freely and easily! If only they had done that when they received the first few complaints!

Quentin

If you engaged a solicitor for your "legal advice" then see what their advice is now.


If not, consider using an injury specialist solicitor to deal with this for you.

Pink_Fairy_2

Hi Quentin

No, sorry, my brother works for solicitors so he asked a colleague for suggestion. These "No win, no fee" claim to be injury specialists though, or is that incredibly naive of me?

rs65

Pink_Fairy wrote: »

That was over 2 weeks ago, the letter was hand delivered, but I've heard nothing and am still in quite a bit of pain.

Would it not make sense to pay the £200 and get treatment? Then give them a copy of the receipt for reimbursement.

Quentin

Pink_Fairy wrote: »

Hi Quentin

No, sorry, my brother works for solicitors so he asked a colleague for suggestion. These "No win, no fee" claim to be injury specialists though, or is that incredibly naive of me?

No win no fee injury solicitors won't take you on over just the £200!


But will pursue a claim for all your costs (including the £200) as well as get you compensation for your ongoing pain and suffering etc.

[Deleted User]

Try sending them another letter, this time via registered post, saying that you have not had a response to your first letter and are considering legal action. The threat of legal action might be enough.

Pink_Fairy_2

Thank you for your responses. I don't want to risk paying out £200 that may not be reimbursed, I thought I would give them till this Thursday to see if they bother to respond - that will be three weeks, then the suggestion ofna follow up letter may be my next step. I realise they wouldn't take on a claim for £200, but if I have no response at all, I am now definitely considering taking it further, not just the £200, but claim for damages as well. I would not have thought of doing this, had they not said they could nothing about the door, but then rectified the issue after my "accident". I only realised on Saturday that I've modified the way I pick up my grandchildren. Left hand is like anyone would use, but my right hand is slid under their armpit so I lift them with my forearm and I onky noticed it in a photograph! So fed up of discomfort!

rs65

Pink_Fairy wrote: »

I don't want to risk paying out £200 that may not be reimbursed,

This is your health you are talking about. If I was suffering your pain, discomfort and inconvenience I would risk the £200.

Crazy not to get prompt medical help if its available to you.

Pink_Fairy_2

If I had £200 to spare, I would have paid this without hesitation. Unfortunately, I am not in that position as my husband has just returned to work (07.07.14) after being off long term sick since November 2011. Also, I am on the waiting list for NHS physio, so my GP must not consider it to be urgent in any way, and to be honest, I cannot see any urgency either, although it's jolly painful. Thank you any way.