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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47342
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Good evening, I have recently started working as a self employed

Customer Question

Good evening, I have recently started working as a self employed swimming teacher for a company that offered me a training in a particular swimming teaching method. At the training, involving working in the water in couples and gently handling the one supposed to be the learner, another attendee and one of the teachers did some violent handlings on me and I am now having some sort of neckpain that could also compromise my job. Can I ask this people a refund for the physical damage?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. What are you seeking a refund of exactly - the training fees?
Customer: replied 1 year ago.
I mean the physical damage caused, considering that at some times it could also stop me from doing my job. For the training I did not pay any fee as it was offered by the company.
Expert:  Ben Jones replied 1 year ago.
Hello, so you are looking at getting compensation for injury, not a refund. To be able to claim for personal injury you need to show that the guilty party has acted negligently and that you had suffered an injury as a result of that. This is not always easy to prove though and you need to show that they had gone beyond what a reasonable person in their position would have done and their actions was actually negligent. You may have a better chance against the trainer because they are supposed to be the skilled one, whereas the other attended would only be an amateur and their expertise would not be as high so they may not know what they were doing. I suggest you see a personal injury solicitor to discuss this in more detail and they can give you details of whether you have a good chance of claiming. Many can offer you a free consultation and then work on a no win no fee basis. You can search for local lawyers to you via the Law Society: http://solicitors.lawsociety.org.uk/ I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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Customer: replied 1 year ago.
Thanks for your prompt reply.
I would like to have more information regatding the evidence that could be used to prove you suffered the injury and that the person, teacher or other attendee, was negligent.
Regards
Expert:  Ben Jones replied 1 year ago.

Well the injury evidence is the simple part, this would be medical evidence of treatment, doctor report, etc. The negligent part is going to be more difficult. You have to compare that what they did fell below the standard of what a reasonable teacher in their position would have done. So you may need to talk to other teachers in the industry to see if they would have done the sme or if it is clear that their actions were negligent.