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Ross Miller
Ross Miller,
Category: Employment Law
Satisfied Customers: 1325
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
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I was injured in a car crash on the way to a course for work

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I was injured in a car crash on the way to a course for work dec 4 2018. I suffered whiplash and was provide 6 sessions of physio which was extended to 10. I didn’t work for the company for that time because I the course was a physical one about managing violence so needed the qualification and needed to be physically fit to complete the course.
I’ve asked a similar question before but the company haven’t provided support or further employment or provided me the opportunity to attend the course. I was originally employed on a sessional basis but as of 2008 worked a permanent rota. Where do. Sand with regard to. The section 6 of the equalities act? The company say they owe me nothing.

Hello, this has nothing to do with the Equality Act, this is a personal injury matter. Thankfully, you are still in time to make a claim. What you will have to do is raise a personal injury claim. So, just to explain, this really has nothing to do with the company but he liability will lay with whoever was at fault for the accident. When you make a personal injury claim you will make a claim for compensation for being injured then on top of this, you would make a claim for loss of earnings. So lets just say for example you would have been paid £10,000.00 for the job you were going to do, but because of the accident you couldn't undertake the work, you would be due £10,000.00 in compensation (plus more for other parts of the claim) due to the fact you were not able to do this. If you have lost any money due to the accident then you will be able to make a claim for this back. A further piece of friendly advice, is that if you know the person who was at fault for the accident it would still be in your interest to make a claim as you are not suing them personally you are making a claim against their insurance. You will be able to find a local firm of solicitors who will do free assessment and work on a no win no fee basis for personal injury.

the best thing you can do is enlist the help of the Citizens Advice Bureau. They have appointed benefits advisers who are experts in this matter. If you go to them with all your documents then they will be able to assess the situation for you. The Citizens Advice also have programme called QBC this will allow them to input all of your information and do an assessment on your individual situation without having to contact the DWP. This QBC system will also be able to highlight and identify any benefits you may be entitled to but are not qualifying at the moment. If you application is rejected then the CSA can help you with any mandatory reconsideration as well as potentially provide you with representation at a benefits tribunal should this become necessary.

I would be obliged if you could Click to “accept” the answer and leave me a 5 star rating (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge.

 

Kind regards

 

Ross

Customer: replied 2 months ago.
But if I was injured whilst on shift, would they not have a duty of care? A further responsibility to ensure I get the support I need to return to work ?

Were you employed by the company at the time of the accident?

Were you an actual employee of the company? If so then they do have obligations but the advice I have provided about the personal injury claim still stands.

Customer: replied 2 months ago.
I was. I never got to the course. I was paid for the days attendance. They paid sick pay until the physio stopped. I haven’t worked for them since. Not been offered a course or and the only contact I had was when I filed a grievance. They have said despite 11 years of me working the same shift pattern they have no responsibility to me

What you would require to do is have the employment issues looked at separately, I can offer me email on this website and my company can look at your claim for free. However, in relation to the personal injury advice, I would still follow what I said as you may have two separate claims. If you would be kind enough to rate my answer then I can initiate the service to offer my email address to you with further instructions. You may be able to make a claim against your employers also.

Customer: replied 2 months ago.
My question is more to do with being concerned about the companies responsibilities than the personal injury. They have ignored me and stopped me returning to the company for over a year. When I filled in the initial question I requested employment law

I understand. Can you tell me if you are still employed by them? If not how were you dismissed and when or are you simply still employed and just not being given work?

Customer: replied 2 months ago.
I’m still employed. Not being given work. They have now told me if I don’t complete the 4 day course by end of February I’ll be removed from their books. They dates they’ve given I can’t do. So I feel it’s a constructive dismissal situation but stemming from a work based injury

Ok thank you I am just trying to establish some facts. Why have you been off from work for so long. If you had whiplash then you should have been able to work or go on the course by now?

Customer: replied 2 months ago.
while I was having physio, They closed one head office. I wasn’t aware. They then said there wasn’t funding and I was ignored. I filed a grievance. The area manager, I named him in the grievance said he would sanction funding. I had a grievance meeting. The refused to acknowledge they ignored me and said I had to complete mandatory training by end of February or they will remove me from their books. I can’t do the training when it’s available. I feel they should have monitored my progress and when fit for work offered me training then

Why were you unable to attend the training? We you physically able to?

Customer: replied 2 months ago.
Not at all. After the crash I couldn’t move. Pain killers were increased by Dr because I was in so much pain. Spent 2 weeks sleeping upright in a lounge chair

Ok thank you. So I slightly misunderstood where you were coming from in the first instance it may have issues in relation to the equality act. Firstly, do look at the personal injury claim I mentioned that still stands. However, if your injuries qualify as a disability under section 6 of the Equality Act then you could have suffered a discrimination as your employer should have been making reasonable adjustments for you. As you have followed the grievance through, you will now want to look at making a claim via the Employment Tribunal. There are time limits on these but you have been trying to deal with this issue so this will hopefully not be a problem for you. You would be advised to have the case assessed full to look at what your best claims are and what you would be claiming for. Again, I would be happy to provide my details to you to do this free of charge but you are under no obligation to take me on.

I hope this information has helped. You can find a local solicitor who deals with this on the law society webpage which is;

 

https://solicitors.lawsociety.org.uk/

 

I would be obliged if you could Click to “accept” the answer and leave me a 5 star rating (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge.

 

Kind regards

 

Ross

Customer: replied 2 months ago.
Thank you. Why would you work for free ?

We would review the claim for free on the basis that if it has merit we would offer a no win no fee representation.

Customer: replied 2 months ago.
Oh. I understand. So I’ve written to my GP and I’ll explore the disability thing tomorrow. I feel although for 4 months a had a disability that impacted on my life they had a responsibility for

I appreciate what you are saying, however, disability (believe it or not) is not a medical question but a legal question. So you would be best to have your case reviewed by a legal professional. A doctor will not be able to establish disability for this type of injury.

I hope this information has helped.

I would be obliged if you could Click to “accept” the answer and leave me a 5 star rating (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge.

 

Kind regards

 

Ross

 

Ross Miller and 2 other Employment Law Specialists are ready to help you
Customer: replied 2 months ago.
Wow ok

Yes, I know a lot of people are shocked about that, however doctors can only establish disability if it is an automatic disability such as cancer or a missing limb etc. For issues such as injuries a judge would have to decide if it classes as a disability.