Accident At Work Help Needed Plz

shiner

shiner

shiner

Associate
Joined
10 Mar 2007
Posts
840
Location
Essex
I had an accident at work back in January I injured my back and due to the nature of my work I've been off work ever since. My employer said they would sort out a claim through there insurance for me which I thought was ongoing.

Just under a month ago my employer decided to sack me as they couldn't wait any longer for me to return. He told me it wouldn't effect my insurance claim and they'd still be sorting it all out. Having not heard anything from there insurance co. I asked for there details and have called them today only to be told that although my employer had notified them of the accident back in January that they should have told me to submit a claim myself :mad: .....

Now should I proceed with this myself or go to one of these firms advertised for helping people who have accidents at work ? ? ?

The insurance company have asked me to detail the accident and any losses incurred, which obviously I have lost a lot in wages as they only paid me SSP, but how do I measure other losses? such as being made unemployed, the impact the injury has had on my day to day life for the past 3 months etc

Any help would be appreciated

Thanks
 
accident @ work?

not your fault?

call claims direct - no win no fee!

or so the advert goes....
 
Should we deal with legal information requests in the same way as medical threads... i.e. as the outcome could be rather nasty if someone gives poor advice it might not be a good idea to do so?

Or is that a rubbish suggestion :confused:
 
Mat said:
Should we deal with legal information requests in the same way as medical threads... i.e. as the outcome could be rather nasty if someone gives poor advice it might not be a good idea to do so?

Or is that a rubbish suggestion :confused:
Click to expand...

The outcome is usually the same...

Go see a doctor

Go see a solicitor
 
Or alternatively (and if you know of one), speak to an appropriate union rep.

I would also say watch out for the claims direct type people, they often get what seem like good out of court settlements, until you realise what you could have got following internal insurance procedures...
 
Riever said:
I didnt think you could sack someone whilst they were off sick.
Riever
Click to expand...

Of course they can, provided they have an appropriate and agreed sickness policy in place and follow it.
 
Firstly, submit a claim with your previous employers insurance company. If they have it reported anyway, you should be ok, providing your employers didnt tell any fibs. I am assuming the accident report book was completed at your place of work?

Once you have done this, they will, if the insurance company is worth their salt, offer to deal with the claim directly. This cuts down the solicitors fees that they will have to pay if you appointed one to act on your behalf.

They will more than likely arrange for a medical examination for you, this will also take place alongside your medical records, in case you have a history of back problems etc, it will also let the expert see how well you have responded to treatment, and how serious it was. The more visits the worse etc...

Then once the report is complete, you are legally entitled to review it, and agree it before the insurers use it to submit an offer. If it is likely to be a large sum paid out. They should recommend you seek legal advise to avoid them being accused of screwing you over on their claim audits by the government busybodies.

By all means, go to a No Win No Fee solicitor, or if you have any insurance at all that has Legal Expense Insurance then use this to appoint your own solicitor. Using a proper solicitor rather than a No Win No Fee solicitor will result in the claim being dealt with efficiently, and not drawn out. The No Win No Fee solicitor will try and get the best figure for them rather than you, as their costs are all they are interested in. The longer the process the more they can claim. Especially if settlement exceeds £10k.

You will also want to document, and submit your loss of earnings claim. You will need to provide wage slips prior to the accident, and those for the time you were off work. This shows your true loss, and allows for them to make a fair offer to you. You can also claim for lost future earnings, if it is proven you were sacked because of the injury. Something they cannot do. Especially if you have been signed off by your GP, and not medically retired so to speak.

You can also make a claim for care and assistance, should you have had problems with anything. However, this can only be claimed for things that have gone over and above that which your partner would be expected to do as part of a relationship. (assuming you have a partner that is)

Hope this helps. I am a Personal Injury Claims Handler, so this sort of thing falls right up my street, so if I can assist further, let me know.
 
Once you get your money then go to the Health and Safety people and get them fined for not carrying out their 'duty of Care' to you. If there was no written Risk Assessment of what you were doing when injured they are in big trouble. Then you go to the Industrial Relations Tribunal and try to get money for being unfairly sacked
 
Twinblade said:
Firstly, submit a claim with your previous employers insurance company. If they have it reported anyway, you should be ok, providing your employers didnt tell any fibs. I am assuming the accident report book was completed at your place of work?

Once you have done this, they will, if the insurance company is worth their salt, offer to deal with the claim directly. This cuts down the solicitors fees that they will have to pay if you appointed one to act on your behalf.

They will more than likely arrange for a medical examination for you, this will also take place alongside your medical records, in case you have a history of back problems etc, it will also let the expert see how well you have responded to treatment, and how serious it was. The more visits the worse etc...

Then once the report is complete, you are legally entitled to review it, and agree it before the insurers use it to submit an offer. If it is likely to be a large sum paid out. They should recommend you seek legal advise to avoid them being accused of screwing you over on their claim audits by the government busybodies.

By all means, go to a No Win No Fee solicitor, or if you have any insurance at all that has Legal Expense Insurance then use this to appoint your own solicitor. Using a proper solicitor rather than a No Win No Fee solicitor will result in the claim being dealt with efficiently, and not drawn out. The No Win No Fee solicitor will try and get the best figure for them rather than you, as their costs are all they are interested in. The longer the process the more they can claim. Especially if settlement exceeds £10k.

You will also want to document, and submit your loss of earnings claim. You will need to provide wage slips prior to the accident, and those for the time you were off work. This shows your true loss, and allows for them to make a fair offer to you. You can also claim for lost future earnings, if it is proven you were sacked because of the injury. Something they cannot do. Especially if you have been signed off by your GP, and not medically retired so to speak.

You can also make a claim for care and assistance, should you have had problems with anything. However, this can only be claimed for things that have gone over and above that which your partner would be expected to do as part of a relationship. (assuming you have a partner that is)

Hope this helps. I am a Personal Injury Claims Handler, so this sort of thing falls right up my street, so if I can assist further, let me know.
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Great thank you for your advice, My employer had advised their insurance company as they told me they knew when the accident happened but thats as far as it has got.

I have been signed off by my GP as unfit to return to work and am still undergoing treatment, although a lot better than I have been I'll be looking at having to get a job without much lifting now.
 
Bill101 said:
Once you get your money then go to the Health and Safety people and get them fined for not carrying out their 'duty of Care' to you. If there was no written Risk Assessment of what you were doing when injured they are in big trouble. Then you go to the Industrial Relations Tribunal and try to get money for being unfairly sacked
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Another employee there has told me that they're now having to refit the stores area due to H&S, the insurance company sent someone down there to assess the whole site, as someone else had an accident there a few years before I started. To be honest the place was quite unsafe looking back at things with poor lighting, uneven floors, over stacked storage etc. Mainly I just got on with tings how they were but afew ties when I mentioned things they were ignored.

I think there are many things I was asked to do which would land them in hot water should it have to go that way, hopefully I can get it settled amicably.
 
shiner said:
Another employee there has told me that they're now having to refit the stores area due to H&S, the insurance company sent someone down there to assess the whole site, as someone else had an accident there a few years before I started. To be honest the place was quite unsafe looking back at things with poor lighting, uneven floors, over stacked storage etc. Mainly I just got on with tings how they were but afew ties when I mentioned things they were ignored.

I think there are many things I was asked to do which would land them in hot water should it have to go that way, hopefully I can get it settled amicably.
Click to expand...

Thats just more ammunition to assist with your claim. Especially if the insurers have assessed the area, deemed it unsafe from a previous accident, and nothing was done about it.

I suggest you get the ball rolling whilst all this is going on. This way they will be more inclined to deal with it quickly, to prevent it haunting them further. As if you leave it. The insurers may want to reaccess the site after your claim, and check the works done properly. If it isnt, then more expense, and a heafty fine when H&S find out.
 
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