How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48201
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

I sustain a back injury in 2010 the seat in the lorry was defective

Resolved Question:

I sustain a back injury in 2010 the seat in the lorry was defective and this has been on going since then and getting worse. I had no back problems before this< is there any think I can do now.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

, my name is ***** ***** it is my pleasure to assist you with your question today. Was the initial diagnosis made in 2010?

Customer:

yes and has been on going since

Customer:

I would like to know if I can take my work to task injury, it is now got to the stage that I am now off my work. I feel that I have been ill advised over this hold matter, I had ask my union to take this matter n witch was around two years 8 months after this happened I was told that they cant as it had a time scale it was noted at work that the seat was defective and they new it caused me problem's there after but it has gotten worse over time that's why I asked but got very little, and did not know what to do but I feel the seat was a big factor in this case but want to know what I can do now. I have been told 3 year 5 years and 8 years depending on the circumstances. had no bad back before this happened.

Ben Jones :

The issue you may have is that you are likely to be out of time to make a claim. This is a personal injury matter and the legal time limit on making a claim is 3 years from the date of the accident, or if the injury was not apparent at the time, it would be from the time the diagnosis was made later on. However, this is only the case injuries, not a physical injury like yours where the damage was obvious at the time of the accident. So if the accident occurred in 2010, you will now be out of time to make a claim – the law simply does not allow you to issue a claim.

Customer:

well that's not very good, even although they might pay me off on medical grounds I can not bring that to there attention ?

Ben Jones :

You can certainly bring that to their attention when negotiating a pay out but what I was referring to is that you cannot actually make a legal claim against them injury, if they refuse to take it into account at this stage

Ben Jones :

Does this clarify things?

Customer:

yip I did know that but just heard so many time scales. ok thank you. that's all I needed to know..

Ben Jones :

No injury it is 3 years. all the best

Ben Jones and other Employment Law Specialists are ready to help you