Wife injured at work, company want her out

jonnygee2

What course of action can be taken as I'm reluctant to contact these conning injury lawyers

There are plenty of law firms who will speak to you about the potential for a personal injury claim and many who will take cases no win, no fee.

Try and remember, they are insured against claims, but they can't just give out compensation to you without you going through the courts.

If you want to take this further, you're going to need to get over your scruples and speak to a law firm that handles personal injury claims.

thinisaz

As an update.

She had surgery on her hand towards the end of April however there seems to still be some pain, numbness and also scarring.

The day in question there were three members of staff escorting 3 residents out.
Apparently there should of been 4 to restrain however only 2 were able to as the other 2 residents started running around and needed stopping.

Since January she was reduced to statuary sick pay and then all money stopped at the start of may.

She had another assessment with their doctor tomorrow but I can safely say that her hand isn't ready to return to work yet.

We want to pursue a case but were scared on costs or losing out as I recently saw a story where a claimant won 50k for an injury and ended up with only a couple ...

elsien

thinisaz wrote: »

As an update.

She had surgery on her hand towards the end of April however there seems to still be some pain, numbness and also scarring.

The day in question there were three members of staff escorting 3 residents out.
Apparently there should of been 4 to restrain however only 2 were able to as the other 2 residents started running around and needed stopping.

Since January she was reduced to statuary sick pay and then all money stopped at the start of may.

She had another assessment with their doctor tomorrow but I can safely say that her hand isn't ready to return to work yet.

We want to pursue a case but were scared on costs or losing out as I recently saw a story where a claimant won 50k for an injury and ended up with only a couple ...

In order to have a case without contributory negligence being a factor, she would need to explain why she was trying to restrain someone against guidelines that are in place precisely to stop this type of injury - it's dangerous to the person being restrained as well as unsafe for the staff doing it.
What did the risk assessments say - the acceptability of full on restraint out in the community would be very unusual, and if it was considered a real possibility then there should have been enough staff to manage it.
These are all questions your wife is likely to be asked, which is why the restraint policies, risk assessments and who authorised that staffing level are all relevant.
Personally I'd be considering this a safeguarding issue to protect the person being restrained.

Your wife's career doesn't have to be at an end though - there are other client groups roles which don't involve that degree of physical contact and where a hand issue would be less of a problem.

nicechap

thinisaz wrote: »

As an update.

She had surgery on her hand towards the end of April however there seems to still be some pain, numbness and also scarring.

The day in question there were three members of staff escorting 3 residents out.
Apparently there should of been 4 to restrain however only 2 were able to as the other 2 residents started running around and needed stopping.

Since January she was reduced to statuary sick pay and then all money stopped at the start of may.

She had another assessment with their doctor tomorrow but I can safely say that her hand isn't ready to return to work yet.

We want to pursue a case but were scared on costs or losing out as I recently saw a story where a claimant won 50k for an injury and ended up with only a couple ...

Does the pain, numbness or scaring prevent her from doing work?

On the day in question, why did she agree to escort 3 patients when there should have been 4 + staff to manage such an incident and other patients? Was it your wife's decision or someone else? What did the risk assessment for the trip say?

These are the sort of questions any lawyer would ask your wife at an ET or claims hearing.

Does your wife believe she can still work in the sector - has she asked for alternative roles which might make use of her experience?

Without knowing your wife's individual circumstances, there are plenty of people working full productive lives despite some pain, numbness & scaring in a hand (think carpel tunnel syndrome).

Ultimately the question your wife needs to answer is what does she want to do given her condition?

Elinore

In regards the win = payout

I suffered a badly fractured wrist at work (several resets). My employer immediately and unreservedly admitted all fault. I tried to claim directly but they wanted me to go via a lawyer as they in turn needed to claim off the management company of the building actually responsible.

uncontested case - I was happy to get anything so was not pushing but was prompt in any correspondence - easy and simple

2.5 years to process
35K lawyer fees (no win no fee)
3k payout to me

Just so you have an idea of who wins in these cases

Takeaway_Addict

Elinore wrote: »

In regards the win = payout

I suffered a badly fractured wrist at work (several resets). My employer immediately and unreservedly admitted all fault. I tried to claim directly but they wanted me to go via a lawyer as they in turn needed to claim off the management company of the building actually responsible.

uncontested case - I was happy to get anything so was not pushing but was prompt in any correspondence - easy and simple

2.5 years to process
35K lawyer fees (no win no fee)
3k payout to me

Just so you have an idea of who wins in these cases

ridiculous isn't it

Exodi

Elinore wrote: »

In regards the win = payout

I suffered a badly fractured wrist at work (several resets). My employer immediately and unreservedly admitted all fault. I tried to claim directly but they wanted me to go via a lawyer as they in turn needed to claim off the management company of the building actually responsible.

uncontested case - I was happy to get anything so was not pushing but was prompt in any correspondence - easy and simple

2.5 years to process
35K lawyer fees (no win no fee)
3k payout to me

Just so you have an idea of who wins in these cases

To play devils advocate, I'd imagine the management company probably contested the claim and it wasn't a matter of "you win, 30k? Okay 35k? Fine, fine 38k final offer"

That said, the distribution is absolutely outrageous but sadly unsurprising.

I was watching a program which shows bailiffs collecting debt and one of them was against a woman who used a no win no fee solicitor and lost. Apparently there were some extra charges she was unaware of...

OP should probably have his wife to speak to the solicitor to gauge whether they think there's a case (providing far greater details). Without knowing the circumstances it would be impossible to tell.