Accident at work advise

Argly14

Oct 2016, working as hgv driver business retailer.

Sent out big delivery, asked for helper. Boss and supervisor, said no shop will send out boys to help, ie their staff.

They drop items under truck, I go fetch, one operates tail lift crushed foot. Off work, really bad crush, leads to other issues.

Operations etc. Chronic pain...

Go to lawyers, ask claim work, no claim shop. Shop has no insurance.

I keep saying, no, my work was negligent, by knowly sending me out, and well aware untrained underage shop workers where going to help.

No no, shop shop.

3 years later, last meeting to agree out of court, tomorrow, lawyer advised not good. Shop lawyer now back tracked, I was never there. Nor if I was are shop workers allowed to help. Back tracked as lawyer, has failed to put name forward of boss etc knowing i was there. Only thing is I have my sat nav with that day on it, but told, means not alot1.

And shop get all other info easy from work, reg number, time a started, note no tracker. And to top it off, the whole sale, deal was buckshee, so work tell them no record.

After admitting most, now deny all. Lawyer failed in loads of ways, even QC lost it last meeting when he said he called my boss once.

Shouted, you bloody get down there wait as long as needed, and meet manager etc, and how the hell does he not have fellow drivers statements.

So looks like, tomorrow shop lawyer and owner will be laughing In my face.

IMO if claimed work, insurance would have paid out over a year ago.

And ask other lawyer for advise, said too late to change lawyers, as it takes about at least 6mths for new lawyer, to work on, and it will be time barred.

Am raging. Go to work come home badly injured, totally change my wife and myself lives. And now, if he has failed, a huge question mark over my house...

Am I right, work was responsible, and what can I do.

Am so mad, I told wife dont let me talk to him, I'll loose it.

Jono111

The shop staff should not have used the tail lift so they are to blame. Sue the shop.
Your company provided a tail lift and some help and so they did nothing wrong, you shouldn't have let the shop staff anywhere near the tail lift, you get the things off the truck and they move them into the shop.
As you must have entered the accident into the accident book I don't see how it can be denied anything happened now.

Argly14

Hi,

Yes recordedni incident but shop now deny I was even there, and report, it's no where yo be seen. And not knowing this stuff never got copy.

Yes shop staff never should have, but it was my work that told me they should.

I went to work one day, someone, or as known few management at the rob, send me on job.

All I know, is because of it, my life has been hell since

Argly14

No need for that3.

Donr speak English am a Scot. Cant spell, and need help, bathing

BrassicWoman

to be fair, I can't follow it either. "no no, shop shop"?

Exodi

To translate (at least my interpretation of it):

In October 2016, I worked as a HGV driver in the retail sector.

I was sent out on a large delivery and asked my superiors about help unloading the goods. My boss and supervisor both informed me that the retail stores will not allow their staff to assist me.

When I was delivering to a site, some of the young and untrained retail workers helped me unload. One of the retail staff dropped some goods which went underneath the truck. I went underneath to retrieve them but one of the retail staff also lowered the tail lift and crushed my foot. I was off work as the injury was severe and this lead to subsequent health problems including operations and chronic pain.

I assessed my various options by visiting lawyers, looking into claiming from my employers insurance and looking into claiming from the retailers insurance. It is alleged the retailer does not hold insurance.

I informed my employer that they had been negligent by requiring me to rely on these young and untrained retail workers to unload. They responded by telling me the accident was caused by the retailer and that I should be pursuing them for negligence.

I then pursed legal action against the retailer.

Two and a half years later, I had my last meeting with my layer to discuss settling the matter out of court. He informed me that the defence lawyer has alleged that I wasn't at the site during the time of the incident and that even if I had been, the retail staff are not allowed to assist with unloading vehicles. My lawyer also seems to have not enquired/put forward the name of the manager who was aware of my presence on site. I intimated that I had the Sat Nav data which could prove I was at the site of the time of the incident however he told me this didn't count for much.

I am particularly frustrated at this situation as I would have thought it relatively simple for the retailer to confirm my presence at the site as they would have had details of the job being booked from my employer, my reg number being signed in, time sheets, even despite the fact my vehicle is not fitted with a tracker.

To make matters worse, my employer waived the delivery charges for the retailer and now also insists they have no details of this job.

From everyone originally admitting everything, they all seem to be denying everything. I feel like my lawyer has failed in a lot of ways, even the QC expressed his displeasure at the fact my lawyer stated he had only contacted my employer once. The QC demanded that he should be out meeting every manager involved enquiring about the apparent lack of any evidence.

Sadly it looks like tomorrow the retailer and his lawyer will be laughing in my face.

These feelings of upset are exasperated as if I had claimed off my employers insurance, this matter would have been resolved over a year ago.

I asked other lawyers for advise but they told me it was too late to change lawyers as it would take them 6 months to get up to speed and by this time, it would be barred.

I'm so angry. I came home injured from work and now it's totally changed both my wife and my-selves lives. This is on top of the realisation that if there is no settlement and my claim is unsuccessful, there's huge uncertainty over retaining my house.

Am I in the right? Was my employer responsible? What would you advise I do?

My wife has urged me to not talk to my lawyer as I'll lose it.

Comms69

Have you left your employer?


It seems to me that the claim should have been against the employer, who could then pursue their client if necessary.


However the counter argument would be that you were responsible for your vehicle and should have managed the help more carefully.

Exodi

Argly14, if the above matches your side of the events I would edit your OP so the story is clearer.

Did the work require multiple people to unload the lorry? If so, you should have demanded your employer provide a response to how they expected you to unload if the retail staff weren't allowed to assist you. If however, you felt like you needed someone to help because it was a big delivery and it was a lot of work or would take a lot of time, sadly I can't see anything your employer has done wrong.

The issue of crushing your foot has been caused by the retailer and I'd have thought any claim would be brought against them, I don't really see any fault on your employers part here. You really need to provide some sort of evidence of the event however - have you engaged a No Win No Fee lawyer (I'd imagine you have)? Your employer would have records of the job, presumably an accident book etc, it really defies belief that it can't be proved you were there. I think both you and your lawyer need to make some forceful enquiries with all the parties involved.

ohreally

Your employer is mandated to have a safe system of work, in addition they are required to conduct risk assessments which should be suitable and sufficient.

Has the job had a manual handling appraisal? What findings/ control measures are recorded in the risk assessment?
I'd suggest your claim is against your employer.

Can I ask the significance of statements from other drivers?

You need to get your ducks in a row as time is against you and the clock is ticking.

jonnygee2

No idea, can you rewite it in English please?

It's worth remembering that literacy levels and abilities to type differ. Explaining long and complex events in written English is very difficult for many people who come to the boards, even when English is their only language, and for many the clarity of the OP would be the best they can achieve. It's potentially quite demoralising to come somewhere for support only to be told that you should rewrite your post in the language its already written in.

A simple 'that was difficult to read, could a friend help you write this post?', or 'is this what you meant?' would be more useful/constructive.

bugslett

Delivering to shops is not usually something that requires a drivers mate. My take on it is that the shop provided people to help off load, what that means is that they take the goods from the back of the truck into the shop.

The shop workers however are unlikely to be trained in tail lift operations ( I presume you the driver were), and should not have been allowed to operate the tail lift, so the question or one of them must be, who told them or allowed them to operate the tail lift. Your boss was right insaying there was help but unless he told the shop workers to operate the tail lift, the I dont see it as his fault. Did the shop owner tell his staff to use the tail lift. Did they take it upon themselves to use it and to play devils advocate, did you allow them to use it.

I've delivered with a tail lift truck and I wouldn't let anyone else operate the tail lift but me.