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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 4651
Experience:  Solicitor
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I did not have employees liability for casual worker, now he

Customer Question

I did not have employees liability for casual worker, now he is suing for personal injury, with no insurance in place what do I do next
Submitted: 1 year ago.
Category: Law
Expert:  Jamie-Law replied 1 year ago.

Hello my name is ***** ***** I will help you with this.

Could you please explain your situation a little more?

Customer: replied 1 year ago.
Hi Jamie, thanks for response, my husband employed a casual worker who was injured by falling wood, we do not have employers insurance, we understood if there was no work contract and no full time employment, that this was not needed, casual worker was aware of this, but is claiming for personal injuries, don't blame him, but how do we proceed with no insurers to cover this or pass claim to ☹️
Expert:  Jamie-Law replied 1 year ago.

Have Solicitors contacted you?

Customer: replied 1 year ago.
reciev d letter today asking us to forward to our insurers, called them to say we had no insurers to forward it to ��
Expert:  Jamie-Law replied 1 year ago.

I see. Do you know what the injury is and prognosis?

Customer: replied 1 year ago.
Broken leg, prob four months to heal, but we feel he may milk it for insurance, and that ultimately he will go after main contractor who does have insurance, but in the meantime we don't know how to respond, or how to find someone to help
Expert:  Jamie-Law replied 1 year ago.

Ok - do you dispute that you were negligent?

Customer: replied 1 year ago.
he was under the forklift where he should not have been, and we think he tripped and reached for the wood which did land on him
Expert:  Jamie-Law replied 1 year ago.

Ok - you have 2 choices:

1) Admit and pay out. A 4 month injury would probably be around £3000 plus Solicitor costs which will be limited to about £1000

2) Dispute it. If you do the matter is likely to go to Court. You will then have to instruct a Solicitor to deal with the claim for you. You will have to pay for representation for this matter. If you win then you may be able to recover the costs you have to pay for representation.

Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
do I just call call his lawyers and suggest this to them,
Expert:  Jamie-Law replied 1 year ago.

Yes.

Does that clarify?

Customer: replied 1 year ago.
Will his lawyer discuss this with me, or should I do it by writing
Expert:  Jamie-Law replied 1 year ago.

Yes the lawyer should. But make sure you follow up everything in writing to keep a record.

Does that help?

Customer: replied 1 year ago.
It does sort of, they are asking for records and details that we don't have
Expert:  Jamie-Law replied 1 year ago.

Then you need to say you do not have them.

By the sounds of it you would be better of settling the case. If it went to Court and you had very little in terms of records, this would not assist you.

Is there anything else you would like to ask me today?

Customer: replied 1 year ago.
who decides what we pay him, his lawyer?
Expert:  Jamie-Law replied 1 year ago.

No, if you look on Amazon for the Judicial College Guideline on Personal Injury claims (13th Edition) there are brackets for injuries. These set out guidelines. So it will fall into a bracket.

You may wish to get this for £20 so you can see what you reasonably might have to pay

https://www.amazon.co.uk/Guidelines-Assessment-General-Damages-Personal/dp/019875762X/ref=sr_1_1?ie=UTF8&qid=1473361594&sr=8-1&keywords=judicial+college+guidelines+13th+edition

Does that help?

Customer: replied 1 year ago.
this is what his lawyer is guided by?
Expert:  Jamie-Law replied 1 year ago.

Yes it is.

Customer: replied 1 year ago.
You have been helpful, do you know anyone who would do this properly, for us?
Customer: replied 1 year ago.
What is a voluntary pre action protocol claim
Expert:  Jamie-Law replied 1 year ago.

Pre action protocol is the period you are in now, notified of a claim.

Sadly I cant recommend anyone but you can find a local personal injury Solicitor here:

http://solicitors.lawsociety.org.uk/

Does that clarify?

Customer: replied 1 year ago.
Sadly they all want to be the ones prosecuting, have just read this3.6 Where liability is admitted, the Insurer will be bound by this admission for all Protocol claims with a personal injury value, as laid down in 2.3, of less than £10,000. The exception to this will be when, subsequently, there is evidence that the claim is fraudulent.
Customer: replied 1 year ago.
Does this mean we may have to pay higher amount?
Customer: replied 1 year ago.
Just to clarify, you suggest we admit to it and hope for four thousand pounds hit?
Expert:  Jamie-Law replied 1 year ago.

Get the book first of all and satisfy yourself it is within that bracket.

Then it just comes down to negotiation
Does that clarify?

Customer: replied 1 year ago.
Unsure if his lawyer will discuss it with us. Do I just ask him how much his client expects ? Thanks
Expert:  Jamie-Law replied 1 year ago.

Yes the lawyer will, they are instructed.

Just ask what they are expecting - yes.

But make sure you get the book first.

Does that clarify?

Expert:  Jamie-Law replied 1 year ago.

If this answers your question could I invite you rate my answer 3, 4 or 5 starts before you leave today.

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