Injury at work made to sign a 'disclaimer' after

staciiee

My husband suffered an injury at work after it happened he was asked to write a little statement and sign on piece of scrap piece of paper stating something along the lines of work isn't responsible etc. My husband didn't want to make a claim at the time as he didn't want to loose his job but now he has decided to make a claim only problem is this piece of paper he was told to son afterwards. If his employer were to deny liability and show this scrap piece of paper would that stand up in court?

csgohan4

lesson learned is not to sign anything unless they fully understand the consequences. Although that piece of paper is unlikely to make much difference, if you want to sue, use one of the no win no fee lawyers that are ever so present now a days.


Bare in mind if he does, your husband may lose his job or will be made difficult to work at the current employers, it goes both ways

Quentin

He needs to get legal advice over this ( If he is in a union he should contact them)

staciiee

Thanks both for your replies, he has lost his job yesterday after he said he couldn't start a shift two hours earlier than his original starting time and a supervisor lying saying he had an attitude which he hasn't. So they have sacked him for gross misconduct! He can't even take them to a tribunal for unfair dismissal because even tho he has been there over two years he has only been a pernamant worker for 1 year.

Everyone at work it shocked an are not speaking to the supervisor in question.

We have rang national accident helpline and they put forward his case to a solicitors who are coming out Thursday to sign claims forms thanks

martinsurrey

staciiee wrote: »

THe can't even take them to a tribunal for unfair dismissal because even tho he has been there over two years he has only been a pernamant worker for 1 year.

what was his employment status before he became perm? agency, temp, zero hours?

staciiee

He was agency

Crazy_Jamie

If your husband signed an account of the accident that would result in his employer not being to blame for it, that may be used as contemporaneous evidence against him. If it was simply a disclaimer that the company is not responsible, it will have no effect at all on his ability to bring a claim. You can't exempt yourself from liability in personal injury cases anyway, whether through a disclaimer or anything else.

staciiee

It was just on a scrap piece of paper, not letter headed or anything just saying that he wouldn't make a claim/ or they aren't responsible. He can't remember exactly what the paper said as it was 2015 but it was just something along them lines

Second_Account

staciiee wrote: »

It was just on a scrap piece of paper, not letter headed or anything just saying that he wouldn't make a claim/ or they aren't responsible. He can't remember exactly what the paper said as it was 2015 but it was just something along them lines

I can't see your husbands claim getting very far considering that it happened in 2015. He is clearly only trying to make a claim in retaliation for being fired otherwise he would have done it as soon as it happened.

Quentin

Second_Account wrote: »

I can't see your husbands claim getting very far considering that it happened in 2015......

Ignore this OP.


Your husband has 3 years to start a claim for injury.

Crazy_Jamie

Second_Account wrote: »

I can't see your husbands claim getting very far considering that it happened in 2015. He is clearly only trying to make a claim in retaliation for being fired otherwise he would have done it as soon as it happened.

As Quentin has already said, it doesn't matter when the OP's husband makes a claim providing it is within the three year time limit. Even if someone were to question the motivation, not bringing a claim while you still work for the Defendant for fear of the way it may affect your employment, and then bringing a claim after that employment ends, is perfectly credible reasoning.