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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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do you think i wold have a case as i was a papergirl 30+

Customer Question

do you think i wold have a case as i was a 'papergirl' 30+ years ago when all the heavy supplements came out, now i suffer with a disability of degenerative disc diesease. The is non operable and serverly painfull, also at the time we did not have trollies and carried the bag over your shoulder.
thanks
Submitted: 3 years ago.
Category: Law
Expert:  Jenny replied 3 years ago.

taratill :

Hello my name is Jenny and I am happy to help you today. When did the symptoms first come to light?

JACUSTOMER-0rsbi293- :

I started with minor back pain in my early 20's (now 48) but the past 20 years or so it has been getting increasingly worse, i finaly got a diagnoses last year, i did have problems with my knees from arround the age of 15 and was told this was growing pain, but i have since learnt that at this age your muscles are developing (this is why under 16's can not use the weight in a gym) and feel the problem was down to the excessive weight over time with the suppliements - i dreaded sundays! especially when they ran a special. Thinking back there were time when i have left the shop laiden up with a hunched shoulder in order to take my delivery.

taratill :

Is your doctor of the opinion it is connected?

JACUSTOMER-0rsbi293- :

when i asked if this could be the cause he said it could be a posibility, it was one of the moments when you are sat in a lot of pain and trying to get to the root of the problem, i was quite althletic as a teenager, but feel this was not the cause, if you would like any information from my GP please let me know, as a result know from a work point of view, i have reduced my working hours to try and help the condition, but and getting a bit concerened with the amount of pain releif i take and wonder what else i will have to have in years to come,

taratill :

Hi I will get back to you with a full response this morning.

taratill :

I need to pop offline for an hour so do not worry I will get back to you.

taratill :

Hello, if I am honest with you I think you will struggle with a claim for a number of reasons.

taratill :

in order to prove a claim of personal injury 3 essential elements must be met.

taratill :

These are that there must have been a duty of care that has been breached, you can establish that an employer owed you a duty of care so this element would not cause you much difficulty. You must then show that there is an injury and that the injury was caused by the breach of duty.

taratill :

You therefore would need to establish evidence that your current condition was caused by the failure to provide you with equipment to assist you to carry the load.

taratill :

In addition and perhaps more difficult to overcome is the fact that there are limitation periods on bringing personal injury claims. These are 3 years from the date of the injury or 3 years from the date the injury is known to you. You may be able to show you were not aware of the true extend of the injury until a year ago when the condition you now suffer from was identified.

taratill :

I am not therefore, saying that you do not have a claim, just that there are some elements that you will need to work to prove, and these are made difficult by the length of time that has passed from your employment and the injury to todays date..

taratill :

If you have household insurance it is possible that it will contain legal expenses insurance. It may be worth exploring the option of making a claim under the insurance to see if a solicitor would support your claim.

taratill :

All the best with it.

taratill :

If you have any further questions please do ask. If i have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.

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