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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi, have 4 years ago i injured a colleague at work. This person

Resolved Question:

Hi, have 4 years ago i injured a colleague at work. This person is now seeking compensation from the company we work for. Four years on i have now been drawn into this with statements etc, but feel the blame is being put on me rather than the company. Have refused to sign a statement letter as i wasn't happy so that has now been re drafted. Have been receiving advice from my union unite, but have now found out that they are also assisting the claimant. Just wondering what needs to be done really as nobody has really explained what is going on.
Regards
Dale Spindley
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

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.

Alex Watts :

What date was he injured? When were proceedings issued please?

Customer:

4/5 years ago

Customer:

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

Alex Watts :

Ok - well they have 3 years from the date of when they had knowledge of injuries to make a claim.

Alex Watts :

I assume this was on the day.

Alex Watts :

Therefore it may be that any claim is out of time

Customer:

10th august 2010

Alex Watts :

You wont personally be liable anyway, it would be the employers insurance company

Alex Watts :

Any claim needed to have been issued by 9th August 2013

Alex Watts :

But in any event you wont be personally liable it will be the Company, even if you are at fault

Customer:

the statement i have says -claiment V the company

Customer:

but points the blame at me whilst the claimant and the company were actually to blame

Alex Watts :

That's ok, whether it was you or the company - the company will still be liable.

Alex Watts :

You only need to sign a statement if it is true

Alex Watts :

If it does not say what you want you can amend or refuse to sign it

Alex Watts :

Does that clarify the position?

Customer:

what is the statement for/

Alex Watts :

That is used to set out your position and if it goes to Court, that will stand as your evidence

Customer:

can the claimant claim against me personally if they don't get what they want from the company

Alex Watts :

No,

Alex Watts :

You were employed (I assume) therefore the employer is liable, not you

Alex Watts :

Does this help?

Customer:

yes that is helpful

Alex Watts :

Great.

Alex Watts :

Is there anything else I can help with/

Customer:

once happy with the statement should i sign and return it

Customer:

what happens then?

Alex Watts :

Then it really depends whether proceedings have been issued.

Alex Watts :

Assuming they have the matter is likely to be defended.

Alex Watts :

It will proceed to a Court hearing where you may be required to give evidence as to what happened

Alex Watts :

Does that clarify?

Customer:

i guess something must be happening because the company is really pushing for the statement to be returned

Alex Watts :

Ok

Alex Watts :

Perhaps you could ask

Customer:

have asked they say they are defending the company

Alex Watts :

Ok - then it may be its going to Court

Customer:

this conversation has put my mind at rest slightly as i thought i could be liable for some large compensation claim

Alex Watts :

No, dont worry!

Alex Watts :

Can I help with anything further in relation to this?

Customer:

no thats fine, many thanks

Alex Watts :

Great. If I could invite you to rate my answer before you go today

Alex Watts :

If the system wont let you please do say. If you need more help please click reply

Customer:

ok thank you

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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