sti-04!!

As some of you may know i broke my foot at work a few months back & having changed employer's i feel its the right time to sue the *******

Whats the best way to go about this ??

Are these claim companies that are advertised on the internet any good ??

Should i just speak to my solicitor ??

My MD & Director were aware of what happened & realised that it wasnt my fault.

Any info would be appriecated.

PG

Cut them some slack. It's nice to be nice Stephen.

DCI Gene Hunt

It's the 3 little rules...

1. Did they (your employer) owe you a duty of care?

Can you prove you were an employee

2. Was this duty of care broken?

Were you hurt through an act or omission on their part

3. Did you suffer actual damages and/or loss

The broken foot would do it


Happy hunting

sti-04!!

I wasnt going to do it Paul, but i was promised a few things when i was leaving & i have since been told i am not getting them, this adds up to a considerable sum.

I feel i could outweigh this with a little claim

Milamber

iTrader: (2)

Just cut out the middle man and go to a solicitor direct. The Association of Personal Injury Lawyers APIL will be able to direct you to a specialist in your area. All of their members sign up to a code of conduct and you can be assured that they will fight for you to get the best possible deal and not simply settle for what they can get......PM me if you need help...

PaulC72

putting all the things you have said aside, think about the future, I broke my foot 12 years ago at work now & still have the occasional bit of trouble with it, it would obviously depend on how bad it was broken etc but if you don't do it now {you have 3 years iirc} you may regret it in the future, this is why they have insurance and you are only looking after your interests.

delcbr

were u or are u a union member of amicus gmb etc...as they would deal with it on your behalf?

PG

F'k 'em then

Varboy

the company is insured for such eventualities so go for it

check your home insurance as you MAY be covered for legal expense in such matters

jaytc2003

iTrader: (1)

All employers owe their employees a duty of care, even if he wasnt an employee but he was allowed on the site where the accident happened, they would still owe a duty of care.

chocolate_o_brian

iTrader: (22)

yep, you have a very good case from reading whats on here... few people may remember 2 months or so ago, when i skidded on a liquid spillage in a atlet truck i drive around work. did my back in and aggsasperated an old whiplash injury.

took 2 1/2 weeks off to recover, went back, did an investigation, where they tried to blame me for the accident...

had a capability hearing (due to having more than 10 days off in 12 month period), even though the accident was not my fault, recieved formal written caution.

had a disciplinary, as it was decided all this was my fault, due to undue care and attention . i deliberatley posponed the hearing on grounds that i wasnt represented, went to a solictor, a normal one not necessarily a injury lawyers4u type. told them the facts, had a snooty letter written, went to a re-conviened hearing, still got blamed and recieved written warning on a disciplinary front, aswell as a capability front too.

solicitor said its all evidence supporting your claim, which has now been formerly processed. apparantly i was to blame, as spillages are a work related "accepted" hazard, i should have been looking more at the floor as i was driving ... i took the punishment and saw $$ signs in my eyes.

oh, heres a point too. just as i was to go into the re-conviened hearing, i was collered by the health and safety supremo, who tried to officially pay me off!!! even though the company wasnt accepting liability to the accident. ****ting their pants me thinks.

do it, go see a general solicitor, explain the actions, whats happened etc, and they will pretty much decide asap whether you have a good case or not to screw your former employees over. i still work at my job, but as its so ****, im a proper spiteful bastrad (you know cut off your nose to spite your own face) and as ive seen a solicitor, theyre pretty much **** scared now, as theyre scare tactics didnt wash this time.

i might not get a huooj payout, but a damn site more than what they tried to keep me quiet on.

what was the line the health and safety guy used...

"solicitors dont care about the person, only their fees. you could win £1 or £10000 and their fees are the same. we, however care for all our employers and could have this money in your account in days"

to which i replied "yeah, but the fees still come out the companies cofferes, even if i do get a quid! now dont insult me with another desirery offer"

work hard, play hard.

good luck anyways

andy

DCI Gene Hunt

But it depends on where the accident happened, he never said it was onsite, so that could envoke my point 1 if, for any reason, it happened while he was making a delivery, visiting a client or on company business off site

Milamber

iTrader: (2)

No, go and see a specialist personal injury Solicitor....



Simply untrue, totally ingores the fact that £1 to £1,000 falls within the small claims limit and no costs are payable whatsoever. Also, if the Company play ball the Solicitor does less work and gets paid less. If the company act like arrogant b'stards and fight it every step of the way then they pay the price at the end of the day...

chocolate_o_brian

iTrader: (22)

which is what they have done...

i think the general/specialist thing was mis-interpreted. my scenario was different to the above guy. i was facing loosing my job for an accident that wasnt my fualt, hence why i sought legal advice on two fronts from the same solicitor if you get me. after the vertict came from the disciplinary, we decided to go through the personal injury side.

sorry if i worded it all wrong

jaytc2003

iTrader: (1)

ahhhh I see where your coming from now

Milamber

iTrader: (2)

No problem, not a criticism of you, just need to make the world aware that there are specialist Solicitors out there dealing with this work and that there is no need to go to a claims management company

chocolate_o_brian

iTrader: (22)

no worries

Leslie

Why don't you tell us how it happened?

Les

///\oo/\\\

Stephen,

As you are in Scotland, go and see an employment law solicitor - and a decent one.

PM me if you want a few suggestions

PG

hmm, Stephen,
Just had a thought. The wife's sister is an employment law specialist. Give me a shout if you want me to get info from her.

Paul.

sti-04!!

Thanks Guys