danwrx1980

a year ago i was run over by one of the kids while working in a kids home, and my boss refused to pay me and blamed everything on me, promptly sold the business and disappeared.
just wondered what you all thought of this?

Luminous

iTrader: (3)

Seek advice. There are plenty of claim firms out there that will be prepared to help you. I think you have 3 years to claim since the event took place, but do not quote me on that.

The fact that the firm has been sold and he has disappeared just all makes it harder. You may well not be able to get anything, but you can try

sarasquares

iTrader: (1)

dont drive your car in a kids home........use the road only joking

carl

What do you mean by "run over"?

danwrx1980

kid drove at me on a narrow lane and hit me, breaking my right leg in 3 places.
had steel pins put in, just about walking again.
and to answer your question, i have a very good solicitor, and its not my boss who's being claimed against but the insurance company.
the only reason i posted the thread was i wondered what you all thought

carl

By kid I presume you mean teenager then? I had visions of a 6-year old running you over in a pedal-car.

danwrx1980

lol
yeah he was a f**ked up 14 year old
while i was on the road after he attacked me with a hammer and screwdriver
real hard ******* he was, attacking a guy with a broken leg

RRH

I feel I have to say this as an employer, sorry if you don't see my point;

Why is it your employers fault? I am guessing that you consider it to be your employers fault as it is he / she you are attempting to claim from, albeit indirectly.

Did he / she drive the car at you? Is there any reasonable way in which he / she could have stopped it happening? Your employer did have a duty of care towards you, but surely this is way beyond any regular risk assessment?

Surely your claim is against the driver of the car, and maybe against the owner of the car, or the person who allowed said child to drive the car.

Some employers are responsible, and we do take every opportunity to create a safe working environment for our employees, but some things are so far beyond our control that there is no way in which we should be held responsible, especially those that happen outside the workplace.

I do not know all the details, and accept that I may be well of the mark, but if this happened in a 'narrow lane', which I'm guessing (maybe incorrectly, granted) is a public highway, how can your former employer be held responsible?

danwrx1980

to answer your question, there were a number of ways this could have been prevented, and i am not just saying that as it is me it happened to. i can't say too much as it is going to court quite soon, but basically all the other staff stood around (scared?) while this kid attacked me with a hammer, and my ex boss stood up in court at this kids sentencing and admitted 'he took his eye off the ball' with regard to the incident.

and also, i have now left that line of work and am an employer myself, so i understand your points.
thanks for your thoughts.

RRH

There is no way in this world that any person should be exposed to that sort of behaviour in their workplace, but I am at a real loss as to what the answer is.

I sympathise with your situation 100%- you shouldn't have to go through that.

danwrx1980

thansk very much mate, it just winds me up that my boss made it all out to be my fault and that i was ostracised by my colleagues as they believed my boss that it was my fault, and i never had the chance to have my say. but they are all obviously weak souls who were easily led by the ****** of a boss we had!!!!!!





whaddaya know the counselling worked!!!!!!!!

lol.

Jer

What did you do to the kid before the incident? Why did he go for you?

Reality

Difficult one to answer without all the facts but assuming you were working with troubled teenagers at the time the simple fact that cars with keys and hammers are left around then there certainly seems to be a lack of care to the employees and other kids when it comes to the procedures that were (or weren't) in place.

This should all come down to the procedures the guy had in place to protect the staff and other kids from other kids.

If there were no procedures then the fault is probably with the employer - If the procedures weren't followed it will be more difficult to prove against the employer.

All imho of course .