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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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This is what has happened at work in my business, can i counter

Customer Question

this is what has happened at work in my business, can i counter claim or have a chance of winning the case
IPS Builders ltd employed Stephen on the 2/2/2015 on a self-employed basis were he should have his own public liability, we then gave him a health and safety course in-house. On Tuesday 17/2/2015 he turned up on site with no safety boots- we told him he had to go home to get this boots due to the fact that it wasn’t safe to work without boots. Furthermore on the same day my co-worker and I realised his eyes were very blood shot – I asked if he has been drinking the night before he said ‘yes’. He also confessed to have been smoking marijuana the same day and again I asked him to go home as it was overall not safe to work in this environment in that state.
Stephen didn’t like the fact I asked him to go home and consequently got upset, going on to say that ‘his mum would go mad’ if she found out the reason why he was sent home. He repeatedly asked to stay and insisted that he would stay on site and not work, I then clarified with him that he was unable to work due to the state he was in and therefore he was not insured so unable to work, I went on to tell him to rest and drink lots of water. I knew Stephens mum previously as we have done work for her before and I was only trying to protect him as I felt sorry.
Later on in the day Stephen decided on his own accord that he was going to move some bricks up onto a platform which was around 4ft high by himself, at this point costa (one of my workers) was occupied and was not present when he tried doing so. He said he ‘felt guilty’ about the state he was in and wanted to prove to me and the team that he could work although we told him not to. This act of foolishness caused him to fall as he was trying to carry too many bricks at one time, we attended to Stephen and insisted for him to go to the hospital as we were worried for his wellbeing and tried to convince him that we would take him there but he said he was fine and just twisted his ankle we persisted again that he should go to hospital but then tried to reassure us and was able to walk on it, I then dropped Stephen home.
2 days later on the 19/2/2015 I received a phone call from Stephen informing me that unfortunately he broke his leg, I then went on to give Stephen some wages out of my own money and told him to inform me when he is fit to work again, as I felt he deserved another chance to work. Stephen then phoned me and said he would be able to work within a week, I replied saying ‘okay and I would sort out some work for him within the week’.
On the 17/6/2015 I received a letter marking a claim against IPS Builders ltd. In disbelief to this I phone his Mother to say I thought Stephan was coming back to work for IPS Builders, instead she wants compensation of £5,800 and she then persisted that she would get the money, as she has done it before with her other son. IPS Builders then offered Breda the payment over a 6 week time period but we couldn’t come to an agreement as Breda wanted it paid by Monday 13/7/2015. Unfortunately this is a small ltd company in its first year and to pay a sustainable amount of money like that it was consequently cripple the company
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Is he an employee? Do you have liability insurance?
Customer: replied 2 years ago.
hi alex,he is self employed, should he have his own insurance? furthermore I didn't have insurance at the time of the accident but do now
Expert:  Ash replied 2 years ago.
Have you admitted liability in writing? What do you want to achieve?
Customer: replied 2 years ago.
i want the case dropped against me and to have the fee i have been told to pay withdrawn should i go to court and take it on or just pay it? and no i have not admitted it
Expert:  Ash replied 2 years ago.
Ok. If it does to Court then costs can be quite high. If they have not issued the claim then you should pay the £1000 per week. If they try and issue a claim by the time a claim is issued and you file a defence then you would have paid it off.
It is unreasonable for them not to accept the £1000 per week. You cant be expected to save the whole lot within one go. Its ok to pay it over weeks.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.
she has ordered me to pay the lump sum by Friday or else she will take me to court? i don't want to pay anything i don't think i deserve to.
Expert:  Ash replied 2 years ago.
Ok, if you dont think you deserve to then you can refuse to pay. They can issue a Court claim and you can defend it in Court. A Judge will then decide who is right and who is wrong.
Does that help?
Alex
Customer: replied 2 years ago.
how do i refuse to pay? is it better coming from a solicitors or myself? and do you think i stand a chance in court?
Expert:  Ash replied 2 years ago.
It is better coming from a Solicitor. If you went to Court I think you would be found liable but any award reduced to zero because of his own fault.
Does that clarify?
Alex
Customer: replied 2 years ago.
so when you say 'I think you would be phoned liable' what will happen to me?
Expert:  Ash replied 2 years ago.
Personally nothing. The Company may have to pay damages to the injured person, but that award will probably be reduced because it was his own fault.
Alex
Customer: replied 2 years ago.
what would an estimate be in this case on damages
Expert:  Ash replied 2 years ago.
What was the recovery period?
Customer: replied 2 years ago.
5 weeks
Expert:  Ash replied 2 years ago.
Around £4,500- £5,000.
Does that help?
Alex