Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
What date was he injured? When were proceedings issued please?
4/5 years ago
not sure when proceedings started but my knowledge of all this was the beginning of july this year with a phone call from somebody from weightmans
Ok - well they have 3 years from the date of when they had knowledge of injuries to make a claim.
I assume this was on the day.
Therefore it may be that any claim is out of time
10th august 2010
You wont personally be liable anyway, it would be the employers insurance company
Any claim needed to have been issued by 9th August 2013
But in any event you wont be personally liable it will be the Company, even if you are at fault
the statement i have says -claiment V the company
but points the blame at me whilst the claimant and the company were actually to blame
That's ok, whether it was you or the company - the company will still be liable.
You only need to sign a statement if it is true
If it does not say what you want you can amend or refuse to sign it
Does that clarify the position?
what is the statement for/
That is used to set out your position and if it goes to Court, that will stand as your evidence
can the claimant claim against me personally if they don't get what they want from the company
You were employed (I assume) therefore the employer is liable, not you
Does this help?
yes that is helpful
Is there anything else I can help with/
once happy with the statement should i sign and return it
what happens then?
Then it really depends whether proceedings have been issued.
Assuming they have the matter is likely to be defended.
It will proceed to a Court hearing where you may be required to give evidence as to what happened
Does that clarify?
i guess something must be happening because the company is really pushing for the statement to be returned
Perhaps you could ask
have asked they say they are defending the company
Ok - then it may be its going to Court
this conversation has put my mind at rest slightly as i thought i could be liable for some large compensation claim
No, dont worry!
Can I help with anything further in relation to this?
no thats fine, many thanks
Great. If I could invite you to rate my answer before you go today
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ok thank you