Injury at work Question

[Rids]

A woman whom I used to work last week was awarded over £13,000.

She tripped over a box in a hallway, fell over bumped her knee that then swelled up. She was off work with it for the rest of the week.

A friends sister was involved in a serious car crash 2years ago resulting in multiple operations (caused by a ******** driving too fast and hitting the stationary vehicle at around 60 in a 30). He had to pay a £60 fine meanwhile despite all her injuries (multiple breaks, MH and general pains etc) the insurer has so far only coughed up £7,000 or so but has been out of work since then (note she was due to start a £30k a year job at the time)

Justice is apparently not just blind but stupid

"So far" being the point in all this no? I'm assuming from what you've said the case is still open.

I work for a Motor Insurer and as part of my role I see details around a lot of the Large Losses that come through, although I'm not involved in the settlement of claims themselves, I just see the numbers and a few of the reports. If it was as bad as you say, and there is no contributory negligence on her part then that simply doesn't look like a full and final settlement to me. These cases take to settle, the insurer needs to do their due diligence and have their own experts weigh with opinions. Realistically if she has a decent solicitor, loss of earnings and continued physical impairment can be proved then I would imagine that this case still has legs.

 

[Glaucus]

so you are thinking of bribing them, that will end well.

 

[red eye]

What actually happen, do you share at least some of the blame?

You have to remember that you will seem a lot less appealing to hire if you come across as someone who looks to blame their company or someone looking for a bit of a payout. Not an issue if you plan to move on and don't need the reference but i will add that some of the smaller industries where people seem to know each-other, claims like this can be fairly damaging.

I was given a task that is outside of my job discription ie Cleaner doing electrical work.

I had to hold a heavy awkward load with no equipment to assist, this load needs manoeuvering. The load moved and took my hand with it.

I could have refused to do the job and end up on disciplinary

I could have moved and let the load fall and cuase damage and end up on disciplinary or a broken foot

I could have used the right hydrolic equipment (which was being used to hold the far end of the load) and use non hydrolic equipment, this means I would have move a 3 ton load which could move off the lifting points and fall.

Looks a bit biased but that’s all I can think of. I did my own risk assessments and came to the conclusion that the way I used the equipment available was the safest without refusing to do the job.

 

[Avenged7Fold]

I just don’t want my life to get more difficult.

Strong arming your employer for a pay rise after blackmailing them with an injury claim is probably not the best strategy to accomplish this.

Ok guys if your an employer would rather an employee make a claim or talk to you with a demand of a nice pay rise and heath and safety issues fixed?

If it was about health and safety a claim would force their hand but lets face it, it is about the money

Making a claim would only benefit me financially short term, but benefit every one long term by safer working conditions. I think going to take one for the team.

Funny how people justify a payout. I am not saying you don't deserve it because i don't know the details of your accident but considering you are mulling over not forcing their hand at improving health and safety, then i think this is clearly more about the money than the safety.

 

[red eye]

so you are thinking of bribing them, that will end well.

so you are thinking of bribing them, that will end well.

no more like an out of court settlement.
I get a pay rise instead of a payment that is most likely to come from insurance saving them increased premiums.

They fix health and safety issues instead of me reporting possibly saving them a fine.

 

[Avenged7Fold]

I was given a task that is outside of my job discription ie Cleaner doing electrical work.

I had to hold a heavy awkward load with no equipment to assist, this load needs manoeuvering. The load moved and took my hand with it.

I could have refused to do the job and end up on disciplinary

I could have moved and let the load fall and cuase damage and end up on disciplinary or a broken foot

I could have used the right hydrolic equipment (which was being used to hold the far end of the load) and use non hydrolic equipment, this means I would have move a 3 ton load which could move off the lifting points and fall.

Looks a bit biased but that’s all I can think of. I did my own risk assessments and came to the conclusion that the way I used the equipment available was the safest without refusing to do the job.

There was no equipment available at all or you chose to do it with no equipment? The claim tells a very different story if you chose to handle the heavy load without the proper equipment without at least mentioning that you require something else. It is one thing being made to do a job without the right tools and another if you do the job anyway knowing you had the incorrect tools, choosing not to delay the job until it can be done safely. Arguing they would have disciplined you for not doing it is easier to do if you did refuse and they did discipline you.

If you were told to do work you are not qualified for, you can't be disciplined for it.

Basically you the blame for your accident could fall on either you or the company. It can be argued that it was you who knowingly took a risk or the company.

Generally a small one time settlement is how these are handled. I am doubtful this will end in a pay increase for a number of reasons.

 

[RaohNS]

"So far" being the point in all this no? I'm assuming from what you've said the case is still open.

I work for a Motor Insurer and as part of my role I see details around a lot of the Large Losses that come through, although I'm not involved in the settlement of claims themselves, I just see the numbers and a few of the reports. If it was as bad as you say, and there is no contributory negligence on her part then that simply doesn't look like a full and final settlement to me. These cases take to settle, the insurer needs to do their due diligence and have their own experts weigh with opinions. Realistically if she has a decent solicitor, loss of earnings and continued physical impairment can be proved then I would imagine that this case still has legs.

Indeed its not but 2yrs on and still out of work due to pain (broken collar bones (she was just stepping into the car as the maniac hit and was flung several metres (luckily missing a tree)).

I think it is a rip take tbh. My mate and his dad went to the Court case and as well as his fine he was issued a dodgy number of points. My other mate who used to work in insurance himself said the likely reason was he has done it before and if the usual penalty was applied he would have his license revoked. Think he was given 8pts???

The good news is her partner had his claim and wasn't as badly injured due to being in the car. His settlement came through relatively quickly. I think tbh she should be holding out for 6 figures. Was very bad, operations, pain and suffering etc plus affecting MH.

She was awarded a job and was working her notice at the time on the new job front. They did want settle for something ludicrous like a few grand at first lol

 

[red eye]

Strong arming your employer for a pay rise after blackmailing them with an injury claim is probably not the best strategy to accomplish this.



If it was about health and safety a claim would force their hand but lets face it, it is about the money



Funny how people justify a payout. I am not saying you don't deserve it because i don't know the details of your accident but considering you are mulling over not forcing their hand at improving health and safety, then i think this is clearly more about the money than the safety.

It is partly for the money. I lose out on 5 weeks pay for something that could have been prevented. If the safety issues are not fixed I would report it after all I am still working there. I’m not walking in myself and demanding I would be getting legal advice first.

 

[Glaucus]

cleaning and you're worried about your job, surely its fairly easy to find another job?

rather than all this bribing, just go see a no win no fee lawyer.

 

[red eye]

There was no equipment available at all or you chose to do it with no equipment? The claim tells a very different story if you chose to handle the heavy load without the proper equipment without at least mentioning that you require something else. It is one thing being made to do a job without the right tools and another if you do the job anyway knowing you had the incorrect tools, choosing not to delay the job until it can be done safely. Arguing they would have disciplined you for not doing it is easier to do if you did refuse and they did discipline you.

If you were told to do work you are not qualified for, you can't be disciplined for it.

Basically you the blame for your accident could fall on either you or the company. It can be argued that it was you who knowingly took a risk or the company.

Generally a small one time settlement is how these are handled. I am doubtful this will end in a pay increase for a number of reasons.

I am qualified just not in my job discription. In hindsight I should have refused but someone else would be given the job and there would be a possibility that I or someone else would be holding the load, this accident may have still happened. The job is crap pay with bonus, every one including me need the bonus to be on decent money so me turning this job down would mean I lose a chunk of bonus and would have to work my a** off to earn it back if the work comes in

 

[red eye]

cleaning and you're worried about your job, surely its fairly easy to find another job?

rather than all this bribing, just go see a no win no fee lawyer.

Lol I’m not a cleaner, a cleaner prob gets paid more than me for the amount of work done.

I’ll be getting some legal advice later today

 

[FortuitousFluke]

Contact Injury Lawyers 4U, because if I were looking for professional advice from qualified legal specialists, I'd be looking for a company that communicates like a 14 year old girl.

 

[Dav4]

I know of a lorry delivery driver that delivers stock to a popular retail store who slipped on a tiny plastic tag from one of the tubs and he claimed to have a bad back etc and somehow ended up with about 15k which is almost a years wages to him even though he was only off injured for just over a month. I just don’t get how it works.
Also worked with a woman who fell over something that shouldn’t have been there and injured her arm badly she lost the claim and then got countersued by the company so actually ended up out of pocket
it’s a risk either way

 

[albert]

You sound like one of my lads. They'd put a claim in for a spelk if they could ......

 

[terley]

Say if you were to have an accident which resulted in 7 week sick note, an accident that could have been prevented if provided with the right equipment and in a roundabout sort of way you been told that your only getting ssp.

Also it’s evident that risk assessment has not done properly, safety guards removed, wrong type of ppe issued,Accident book as probably not been filled out or reported under riddor.

I’m asking for a friends next door nabours brothers cat.

Would you seek compensation?
What are the downsides?
Never done this before so I don’t know what to expect

You have a claim,

I had an ex senior manager working for me once, lets call him David... he had previously hired and trained multiple staff in his previous position on things such as health and safety and safe working conditions, done risk assessments etc.. (All of which he had also completed himself with our company in the years previous)

So needless to say he was well versed in all of the policies within the store..

David was in charge of an evening shift one night, as a part of the closing procedure he deals with the money as his other staff clean, one member of staff had just finished mopping the floor, and David came out of the office and swiftly fell on his arse.

He was then off for the next 6 months with "whiplash" etc.

Even though we could show that he had been trained, we still lost in court and he was awarded a tidy settlement.. The courts tend to lean in favour of the employee.. You definitely have a case.

Unless the work-place has a sick payment scheme you are only entitled to SSP whilst off sick, although you can claim for loss of earnings in your claim.

 

[Vonhelmet]

no more like an out of court settlement.
I get a pay rise instead of a payment that is most likely to come from insurance saving them increased premiums.

They fix health and safety issues instead of me reporting possibly saving them a fine.

If you attempt to bribe them, they can probably dismiss you out of hand for gross misconduct. Then you're screwed every which way.

 

[lude1962]

It is partly for the money. I lose out on 5 weeks pay for something that could have been prevented. If the safety issues are not fixed I would report it after all I am still working there. I’m not walking in myself and demanding I would be getting legal advice first.

And someone gets killed because you failed to report your company.
When was your last manual handling course?

 

[terley]

no more like an out of court settlement.
I get a pay rise instead of a payment that is most likely to come from insurance saving them increased premiums.

They fix health and safety issues instead of me reporting possibly saving them a fine.

Employers pay insurance for a reason, they would much rather go through the legal means to settle something than do it out of court..

Also they are unlikely to see a fine, rather the person in charge will face disciplinary action for not fulfilling their requirements to maintain a safe working environment.

 

[Quartz]

For me, the tell here is how they treated you and the work situation after the accident. They've not treated you well nor done anything to rectify the situation so lawyer up and take them for every penny you can.

Don't settle for a pay rise. Get a lump sum payment. It will take you years - if not decades to make up. Note that damages are not taxable nor are they subject to National Insurance.

 

[Energize]

You should expect full sick pay if your employer was responsible for your injury, plus a little extra for pain and suffering.

Have you just politely asked your employer to compensate you for the loss of income for the 7 weeks?