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back damage personal trainer

Trebormint
Posts: 72 Forumite
Hi,
I had been using a personal trainer at my local gym and was being instructed during one of my training sessions when we moved onto a half hack squat. The initial weight was ok and the instructor increased the weighty quite alot which is where the problem started. As soon as I took the weight on my shoulders I felt a very sharp pain in my lower back, so I immediately stopped and put the weight back on the stand and as the weight came off, again the same sharp shooting pain, and that was it. 4 months later I am still in agony and find it hard to walk etc. The trainer never asked and has never recorded a list of my pre-existing injuries and never asked me to sign anything before starting my training session, but has provided a refund for training that was not able to be completed due to this incident.
My concern is that I haven't been able to work as result and feel more care should have been given to assess my pre existing concerns i.e. my back is weak, and to adjust my training accordingly after all that is why I was paying £60 plus per hour for this guidance.
Being self employed and not being able to work has cost me a small fortune and I am not sure if I have a case to sue for this injury?
Can anyone advise. I don't think the trainer did anything to hurt me on purpose but I do expect the preliminary checks and subsequent training to be given to take into account my age, injuries and general strength or lack of it.
Any help would be much appreciated.
I had been using a personal trainer at my local gym and was being instructed during one of my training sessions when we moved onto a half hack squat. The initial weight was ok and the instructor increased the weighty quite alot which is where the problem started. As soon as I took the weight on my shoulders I felt a very sharp pain in my lower back, so I immediately stopped and put the weight back on the stand and as the weight came off, again the same sharp shooting pain, and that was it. 4 months later I am still in agony and find it hard to walk etc. The trainer never asked and has never recorded a list of my pre-existing injuries and never asked me to sign anything before starting my training session, but has provided a refund for training that was not able to be completed due to this incident.
My concern is that I haven't been able to work as result and feel more care should have been given to assess my pre existing concerns i.e. my back is weak, and to adjust my training accordingly after all that is why I was paying £60 plus per hour for this guidance.
Being self employed and not being able to work has cost me a small fortune and I am not sure if I have a case to sue for this injury?
Can anyone advise. I don't think the trainer did anything to hurt me on purpose but I do expect the preliminary checks and subsequent training to be given to take into account my age, injuries and general strength or lack of it.
Any help would be much appreciated.
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Comments
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Did you mention about any pre existing injuries?0
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Yes, i mentioned all of the areas where I had suffered in the past, including my left knee, my back, and my left elbow and explained how each injury had occurred.
Please note that the trainer did not write any of this down or ask me to sign anything by way of a formal training contract, but I do have 'implied' contractual details and 'implied' responsibility by way of a refund given against cash that was given to the trainer and the return of half of that money. In the text message I explained that I would not be able to continue training following the injury caused whilst training with them after the weight was excessively increased for the hack squat and they have subsequently returned the money.
From my perspective this certainly seems to imply acceptance of the outcome and how the injury occurred and I also know that they have shared my personal details with the Club, thereby also showing they had accepted me as a client. The reason I know this is that the club was asking each trainer to provide a client list as they were looking to review the charging process and impact this would mean re client privacy rules under GDPR.
I know therefore that if I made a request under these regulations that my records would show up again further supporting my position that a contract was in-place.
At the end of the day I have been unable to work for the last 4 months and can't afford this and it wasn't my fault as i expect the PT to have a duty of care towards me.
Thanks0 -
Any help anyone?0
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I think you probably need to take proper legal advice if you wish to sue for compensation, lost earnings etc.0
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Would agree with above.
There will be a lot to it.Simple advice on pages like this shouldn't really be given or acted on. You need proper professional adviceHow to find a dentist.
1. Get recommendations from friends/family/neighbours/etc.
2. Once you have a short-list, VISIT the practices - dont just phone. Go on the pretext of getting a Practice Leaflet.
3. Assess the helpfulness of the staff and the level of the facilities.
4. Only book initial appointment when you find a place you are happy with.0 -
OK thanks just thought this would have happened before in some form or another and based on experience someone would be able to offer some support, but not to worry.0
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I think there's a sports board on this website, you might get more answers over there?
Edit: here it is:
https://forums.moneysavingexpert.com/forumdisplay.php?s=&daysprune=&f=213Signature Removed by Forum Team ..thanks to somebody reporting a witty and decades-old Kenny Everett quote as 'offensive'!!0 -
Have you seen a healthcare professional - probably a GP - to get the injury assessed?0
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Yes, seen my GP 4 times been to A+E three times once by ambulance and seen a neuro surgeon, plus had 3 MRI scans. I am on Morphine, diclofenic, Codeine, Paracetamol, Gabapentine and some other pain killers including steroids. Its a nightmare and stopped my life dead in its tracks. I can't drive, I can't sleep, I can't really do anything0
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Update - this has now been picked up by a solicitor and my case is underway. I am still on a cocktail of drugs but it's not as bad as it was. The club/gym involved have refused to log my injury claim form in my own words, and simply want to put in everything that removes themselves or their PT from any responsibility. This club should be watched they are bullies as are the clubs owners.0
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