andy_c1982:
My work are pursuing that for me was just after some other advice incase they never settled and what else I could do would rather just get my wages covered and would be happy at that.
I can’t see your work will want to upset a customer too much but best of luck.
Never hurts to write a letter yourself and if that fails seek independant legal advice, try CAB as well its free.
bazza123: We’re you using a torch or in the act of exiting the cab?
Years ago, people would have said “I should have been more careful, that’ll learn me…”
Now it’s "Where’s my compo? "
True, but this is a good one as if this argument was presented your comeback would be that visitors to the site should be notified that a torch was needed due to ‘insufficient lighting’ on site.
See how a claim can be twisted round very easily and you need to be prepared for what the other side (or respondant if your being fancy) can come up with.
The other thing that will play a part is if it had already been reported. They can’t be negligent if they didn’t know it exists. If they were aware of it and failed to act then you have half a chance.
I most definitely would not be mentioning that you are prepared to settle for £x. At the end of the day this is business to the site owner, you will have just limited any payment to a maximum of that £x, so even if they had been willing to offer £2x they will now be bargaining with you to accept £1/2x.
I hardly imagine that when you injured yourself you thought: “oh dear that doesn’t hurt any more than a gnat bite”, so you are entitled to claim for the pain and suffering as well.
This would have been so much simpler for you if you were a Union member; this is their bread and butter, my RMT magazine has details every month of injury cases settled.
Cheers for the replies guys I have told my work I will still be consulting a lawyer as my m8s dad is one. Told them i need to have my wages covered at the very least but would prefer a bit more as could have long term affects because where the injury is. Would have been ideal to be in a union.
The trick is to be prepared to accept a reasonable amount and get the other party to refuse ‘whats reasonable’, then if it goes to court you are on a good footing and the other party is on the back foot before court proceedings begin.
By court- I mean you will be sitting round a desk with a mediator rather than a fully fledged courtroom drama (google small claims track for more info).
The key to engratiatiate yourself to the court is to be able to show you where willing to accept what was fair and in taking things to court the other party has been unfair, this will prove to be more lucrative than trying to hold them to ransome. In the end the other party must be convinced that you are willing to go all the way as any legal advice they seek will be based on that premise whether its true or not.
But don’t take an armchair lawyers advice like mine on this, seek independant advice to be sure.
Remember though you will need to be prepared for the other sides arguments so a good lawyer will interogate you on the events and try and counter every argument they can come up with.
Or maybe i’ve been watchin too much telly
Dipper_Dave:
Good luck and let us know the outcome.
The trick is to be prepared to accept a reasonable amount and get the other party to refuse ‘whats reasonable’, then if it goes to court you are on a good footing and the other party is on the back foot before court proceedings begin.
By court- I mean you will be sitting round a desk with a mediator rather than a fully fledged courtroom drama (google small claims track for more info).
The key to engratiatiate yourself to the court is to be able to show you where willing to accept what was fair and in taking things to court the other party has been unfair, this will prove to be more lucrative than trying to hold them to ransome. In the end the other party must be convinced that you are willing to go all the way as any legal advice they seek will be based on that premise whether its true or not.
But don’t take an armchair lawyers advice like mine on this, seek independant advice to be sure.
Remember though you will need to be prepared for the other sides arguments so a good lawyer will interogate you on the events and try and counter every argument they can come up with.
Or maybe i’ve been watchin too much telly
Lol cheers I’m happy to get the amount for my wages and any more is a bonus get out the hospital tommorow so going to speak to my m8s dad ask him about everything.
Best of luck with this. I had an accident similar but I wasn’t at work at time ,fractured my ankle which led to a DVT in my calf ,currently taking warfarin and having physio been off work for 12 weeks so far possibly another couple . Had company sick pay for 8 weeks then dropped on to ssp which is £ 87 luckily took insurance out to cover mortgage otherwise would be well screwed. All the best
my 1st thoughts where another one claiming but after giving it some thought and reading what happened i don’t really blame you i mean you still have bills to play after all and if you don’t get real sick pay what else are you going to do personally i think every company should have to pay sick pay especially when its a work related accident
smiggy123:
Best of luck with this. I had an accident similar but I wasn’t at work at time ,fractured my ankle which led to a DVT in my calf ,currently taking warfarin and having physio been off work for 12 weeks so far possibly another couple . Had company sick pay for 8 weeks then dropped on to ssp which is £ 87 luckily took insurance out to cover mortgage otherwise would be well screwed. All the best
Sorry to hear that m8 yeah sick pay isn’t very good esp compared to wages. Only saving grace with mine is where it happened and hopefully I get money to cover lost earnings.
And I rent so need money coming in.
bjd:
my 1st thoughts where another one claiming but after giving it some thought and reading what happened i don’t really blame you i mean you still have bills to play after all and if you don’t get real sick pay what else are you going to do personally i think every company should have to pay sick pay especially when its a work related accident
Cheers m8 I get sick pay but it’s only 80 odd quid a week whitch Dosent help if I’m of for 3 months and my bills are the same so I need to claim to helps pay the bills I would rather still be at work instead of laid up in hospital in a lot of pain!!
Don’t forget the future and what it holds. I broke my ankle in 1995 and it’s never been the same. There are things I still can’t do. It might sound silly, but I can’t crouch down properly to do things because the ankle doesn’t bend as it used to. It stopped me from running when I was fit enough otherwise (like going home time) It still swells up if I’m standing for a long time or walking. It makes it awkward to get up and down to a trailer and it’s still, after all this time, really sensitive to touch. So don’t short change yourself. I’ve never been one for running to solicitors to bung a claim in, but I’ve learnt a lesson.