So I nearly died yesterday. How to claim?

JonnyGeee said:
I see.

So if you got run over by someone who was drunk at the wheel and didn't die, you would oh would just think "meh it's ok I didnt die"

Due to someone not doing his job correctly, I had a shock. If I wasn't as fit and healthy or young as I am, this may have turned out different. Thankfully it hasn't, but just to think ok that's fine and carry on is ridiculous.

If you was to buy a TV from somewhere and it wasn't wired up properly, and blew up when you installed it, would you complain or just accept it?
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1. yes i would,
2. how can you proove it was down to someone elses negligence?
3. i'd ring them and get a replacement.

:rolleyes:
 
As ever pretty much everything you need to know can be learnt from GLC:


If you wanna make money then you've gotta think fast,
Phone claims direct cos there's a nail in yer ****,
Its very simple this is one step of two,
First hurt yourself, then claim you wanna sue
Venereal gash, or is it just whiplash?,
Call it what you want, just get the ***** cash.
Cash or cheque, trip or fall,
You gets over a grand if you rip off yer balls,
Can I get a witness? You got a cut or a bruise,
Now yer talking business,
Oh son put yer face in the fire,
if you loose both eyes then the price goes higher,
I went to the doctors cos I felt funny, now claims direct, they're giving me money,
Pick up the phone, the number is free, remember kids,
No win no fee!
 
Nobody is saying you shouldn't do anything.

You are constantly citing 'I could have died' as your primary reason for taking action. You didn't die, so you cannot really go mad because you might have done. You didn't.

What you are entitled to, however, is damages such as loss of earnings for what happened to you. Absolutely you should claim this - but you are claiming it because you had an accident at work not because 'I COULD HAVE DIED OMG'.

Wrong: I could have died!!! OMG!!!! I NEED COMPO
Right: I was injured at work and I'm off as a result. I really should be compensated for my financial loss, as this wasn't my fault.
 
[TW]Fox;21326338 said:
Nobody is saying you shouldn't do anything.

You are constantly citing 'I could have died' as your primary reason for taking action. You didn't die, so you cannot really go mad because you might have done. You didn't.

What you are entitled to, however, is damages such as loss of earnings for what happened to you. Absolutely you should claim this - but you are claiming it because you had an accident at work not because 'I COULD HAVE DIED OMG'.

Wrong: I could have died!!! OMG!!!! I NEED COMPO Right: I was injured at work and I'm off as a result. I really should be compensated for my financial loss, as this wasn't my fault.
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Indeed the Op would be laughed out of Court if any solicitor was stupid enough to take up the case of potential death.
 
[TW]Fox;21326066 said:
Why all this 'I could have died' stuff? You didn't die. Infact you were not even badly injured if you discharged after a few hours.

By all means claim your loss of earnings as this is only fair but drop the ooh I nearly died rubbish.
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And this judgement is based on...?
 
If the company were negligent in some way, as in the sockets or plugs were not up to the proper codes etc...then you should first tell the company, either your designated H&S manager or the HR Manager.

They are legally obliged to report any workplace accident that means the employee involved cannot work for 3 days or more, to the HSE in any case.

A full record should be entered into you employers Accident Book, and make sure you know exactly what is in the accident book as it relates to your accident and question any discrepancies if there are any.

If you have a Union rep, contact them and if not contact a reputable solicitor who will discuss your options with you.

Also check with the HR manager what their provision for Accident Pay is, many firms will have a separate policy for accidents at work with regard to how they pay company sick pay.

Remember the point of compensation is to make sure you are in the same position (or at least compensated for loss of) that you were in prior to the accident, basically as if it had not happened. It is not a good idea to go forward with the "OMG I nearly died" scenario as you patently didn't and the court (which it is unlikely to ever get to as the majority of these cases are settled) will not compensate for what might have happened, only for what did...so as others have said, loss of Earnings, Pain and Distress and any Expenses you may have incurred as a result of the accident.

And most importantly, your first point of call when reviewing your options is with your employer....legal action should be a last resort, not the initial default option.
 
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RIDDOR reportable incidents will soon change to 7 days soon - however, as Castiel said they should follow everything up. I'd speak to the company and see what they've done by way of investigation and inspection of items. Speak to HR. Do things right, don't just stand on your soap box claiming near death.
 
PapaLazaru said:
You cannot claim in any court of law for things that did not happen.
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I don't think he's after claiming for nearly dying, I just didn't realise Fox was an expert on electric shocks. :eek:

If there's anything wrong with someone's heart, I would be worried that something like this can cause serious problems down the line. I think it's pretty harsh to expect someone to not be taken back a little by receiving a huge electric shock.
 
LOL at all the macho types in this thread, "man up and move on".

This person clearly suffered due to someones incompetence. Getting electrocuted is not just a part of the job.
 
Brookert said:
LOL at all the macho types in this thread, "man up and move on".

This person clearly suffered due to someones incompetence. Getting electrocuted is not just a part of the job.
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Boo hoo. People are born every day into crap situations all round the world through no fault of their own.
 
I can't beleive nobody's addressed the important issue that's arisen!

Op, if you were to stick a lightbulb between your teeth ala Uncle Fester right now, does it light up?
 
MooMoo444 said:
Shocking story, gave me quite a jolt reading it.

I dont know what the current procedure is personally, but expect a lot of resistance. Try to go with someone who wont charge you.
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cLtO0.gif
 
I know absolutely nothing about electric shocks but never claimed to, either. Just saying the focus on how he 'could have died' is counterproductive really, given you dont claim for what could have happened you claim for what DID happen.

And what DID happen is that he suffered an accident at work and is now losing earnings because of it - THIS is what you claim for.
 
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