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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 17375
Experience:  Senior Associate Solicitor
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Will I get an answer on here As before I just get robots,

Customer Question

Hi will I get an answer on here As before I just get robots
JA: Yes, I'm a bot. I make the process of talking to the Lawyer more efficient and affordable by asking basic questions. Where are you? It matters because laws vary by location.
Customer: Great Yarmouth
JA: What steps have you taken so far?
Customer: None
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Will it cost me any money
Submitted: 5 days ago.
Category: Law
Customer: replied 5 days ago.
Hi I had an accident at a building site in November. The man who owns the building site said 'even though it's an accident I will make sure you get paid' there was no mention of any loans of repayments. I then asked if he could help me financially after saying that, to which he replied yes, just fill in your invoice as if you were getting paid an I'll do it. Now that I have left him he has invoiced me for the full amount
Customer: replied 5 days ago.
I didn't go to HSE an didn't get anyone in trouble. I'm still unable to straighten my elbow an just came back to work an got on with it
Expert:  JimLawyer replied 5 days ago.

Hello, this is Jim and welcome to JustAnswer.

I am one of the legal experts on the site and I am a dual-qualified solicitor (UK & Republic of Ireland)

Thank you for the question, I am reviewing the details now and I will aim to resolve it as quickly as possible for you.

Customer: replied 5 days ago.
Ok thanks jim
Expert:  JimLawyer replied 5 days ago.

No problem - could you tell me more about the accident - was this just a pure accident or was it due to their negligence?. Was the workplace risk assessed? Did you have any training?

Customer: replied 5 days ago.
I fell whilst stepping down off a scaffold into a building. There was nothing there to stop my fall so I put my hand out an shattered my elbow an hit my head on the floor
Customer: replied 5 days ago.
Hi my name isn't letting me call you
Customer: replied 5 days ago.
It wasn't risk assessed
Customer: replied 5 days ago.
I didn't have training for that site but I've had training for other sites before
Customer: replied 5 days ago.
Are you still there jim
Expert:  JimLawyer replied 5 days ago.

Thanks, ***** ***** hear that and for my delay - I was offline.

So as for the accident, the area and your working environment needs to be risk assessed - you were working at height so the working from heigh regulations also apply.

My view is you can sue for the injury and any other losses - which could include future loss of earnings if your injuries mean you are now disadvantaged on the job market or if your injury means you are classed as having a disability (which is defined as a serious impairment which affects your day to day life).

Expert:  JimLawyer replied 5 days ago.

It's easy to pin blame on the employer as there are so many workplace laws in place.

And if a lawyer can obtain an early admission of liability from the insurer, you could also ask for an interim payment which is money before your case settles. To cover any immediate financial losses such as lost earnings.

Customer: replied 5 days ago.
That's what I thought, but can he take me to court for the money he paid me whilst I was off, bearing in mind I'm self employed. He invoiced me last night for 4600 an said it needs to be paid by today
Expert:  JimLawyer replied 5 days ago.

Hi there, potentially he could and if so, it may be set off against any other damages you are able to claim. However, as you said, there was no mention of the money needing to be repaid so they would struggle in my view.

Expert:  JimLawyer replied 5 days ago.

It sounds like they were negligent however you will need a law firm to sue them (it would be against their insurer) - you should be offered a no win no fee agreement meaning nothing to pay up front and you are fully protected from any legal costs if you lose.

The following firms operate in this area :

1. http://www.cfglaw.co.uk

2. http://www.seriousinjurylaw.co.uk

3. http://www.irwinmitchell.com

4. http://www.slatergordon.co.uk

5. www.prd.uk.com



Customer: replied 5 days ago.
Who would get into trouble more, my employer or the person who's site it was, the person who's site it was said he would make sure I get paid. Then is basically saying that on whatsapp I agreed to a advance in pay when I never said them worse
Customer: replied 5 days ago.
Words
Expert:  JimLawyer replied 5 days ago.

Well your employer needs to ensure you were properly trained though my view is based on the facts the person whose site this was would be liable.

Expert:  JimLawyer replied 5 days ago.

It'd be worth getting the claim going sooner rather than later - this happened in November - there is a 3 year window to issue a claim at court from the date of the accident.

Expert:  JimLawyer replied 5 days ago.

I have set out a few firms for you above anyway - any of them can deal with workplace accidents like yours. They won't charge you up front either if they take the case on which I am sure they will.

Expert:  JimLawyer replied 5 days ago.

It was a pleasure to assist you today and I hope this answers the question.

If you have any follow up questions or if you would like me to clarify anything I have said, please let me know and I will be happy to help.

Many thanks,

Jim

Expert:  JimLawyer replied 5 days ago.

Just a final note that if you would like to reconnect with me at a later date, simply add me as a favourite expert and you can then tag me in a question starting off with @JimLawyer.

I look forward to helping you again soon.

Thanks again,

Jim



Customer: replied 5 days ago.
Can he sue me if I don't pay back the money he paid me whilst I was off work. I was very down an depressed an had no money coming in. He said he would make sure I got paid. So I asked for help... An he's saying that's it's an advance in my wages in his invoice. There was never a convo of me ever paying it back at all until I left an now he's really angry
Expert:  JimLawyer replied 5 days ago.

I don't see he can because there was no agreement it was repayable. He can be angry all he wants but due to his negligence you have a serious injury

Expert:  JimLawyer replied 5 days ago.

So I wouldn't give it a second thought about claiming - you only get one chance to claim and if you have lasting injuries then the claim may well be substantial

Customer: replied 5 days ago.
if he took me to court an no agreement was in place would he lose
Expert:  JimLawyer replied 5 days ago.

he would lose as he would need a cause of action to sue you successfully (such as there was a contract in place and you agreed to repay the money)

Customer: replied 5 days ago.
I just wouldn't want my previous employer to get sued as well as he asked him to get measures in place an he never did
Customer: replied 5 days ago.
But I guess I shouldn't be so loyal
Expert:  JimLawyer replied 5 days ago.

Your employer wouldn't be sued - it would be the site owner in this instance

Customer: replied 5 days ago.
Oh ok wow that's reassuring to know
Expert:  JimLawyer replied 5 days ago.

My pleasure, thanks

Customer: replied 5 days ago.
Thanks Jim how do I add you
Expert:  JimLawyer replied 5 days ago.

Hi, it's possible on screen though if you can't see how then customer services can help with that if you want to send them an email to***@******.***.

Thanks, ***** ***** good evening.

Jim

Customer: replied 5 days ago.
Thanks again Jim I'm gonna chill out now, it's made me all very upset and depressed. I've got three little girls I pay for so having him send that realiy got to me
Expert:  JimLawyer replied 5 days ago.

No problem at all, thanks - I would get a law firm involved as they will deal with all correspondence going forward (he won't be allowed to contact you once you have a lawyer instructed - the communication has to go through your lawyer)

Customer: replied 5 days ago.
A no win no fee lawyer yeah
Expert:  JimLawyer replied 5 days ago.

Yes that's it - they will just take a few details from you, send you papers to sign and they do the rest.

All you'd need to do is visit their preferred orthopaedic surgeon (for a report on the elbow) to support the claim.

Customer: replied 5 days ago.
Would it end up with me in court
Customer: replied 5 days ago.
I know that probably would be the case
Expert:  JimLawyer replied 5 days ago.

Most cases don't end up in court so I very much doubt it

Customer: replied 5 days ago.
Honestly a big weight has been lifted after talking to you. I've wanted to cry about it all
Customer: replied 5 days ago.
Brilliant thank you
Expert:  JimLawyer replied 5 days ago.

No problem, accidents do happen but from reading this it sounds like a case to pursue and negligence is likely to have taken place - you should sue for damages in my view. Any of the law firms I mentioned are specialists in this area of law

Customer: replied 5 days ago.
It was a really bad injury, I had to make my radial head in my elbow replaced by a bit of metal
Expert:  JimLawyer replied 5 days ago.

Thanks, ***** ***** like it to me - it sounds like a high value claim.

Customer: replied 5 days ago.
Is there any way that I can give Jim a good review
Expert:  JimLawyer replied 5 days ago.

Hi there, if you could please let customer services know by email :***@******.***. 
Many thanks, 
Jim

Customer: replied 5 days ago.
Can you answer me any more questions at all please Jim
Customer: replied 5 days ago.
What happens if I get any threatening behaviour? An can he counter sue me
Expert:  JimLawyer replied 5 days ago.

I can do, yes, if they relate to this question and the accident / injury. If unrelated then please open a new conversation, thanks

Customer: replied 5 days ago.
It's still related yes
Expert:  JimLawyer replied 5 days ago.

OK, thanks

Customer: replied 5 days ago.
I just don't want anything bad to come back on me, been worried about claiming but everyone said I should
Expert:  JimLawyer replied 5 days ago.

I don't see how anything bad would come back on you. You deserve to be compensated but ultimately it's your choice. You have 3 years to have the claim issued at court but bear in mind most law firms won't touch your claim if there is 6 months or less to that 3 year period, so it's worth doing this sooner rather than later. 
Thanks

Customer: replied 5 days ago.
I've already started a claim, I'm waiting to be called tomorrow
Customer: replied 5 days ago.
fingers crossed it goes well for me
Expert:  JimLawyer replied 5 days ago.

Great, I would go for it - you only get one chance to do it

Customer: replied 5 days ago.
If there is nothing to stop me hitting the concrete is it then there fault? I didn't sign or look at any RAMs at all either
Customer: replied 5 days ago.
Sorry I know you have been over this I just want clarification
Expert:  JimLawyer replied 5 days ago.

That wouldn't matter if the area was not safe for you to work on. With working from height they need to take extra care and minimise the risk of injury as much as possible

Customer: replied 5 days ago.
I just don't want them to say you shouldn't gone in that way. It was a drizzly wet day as well. I felt under so much pressure to not claim. Will never be able to fully straighten my elbow like I say. It aches everyday
Expert:  JimLawyer replied 5 days ago.

Thanks, ***** ***** way to know is to speak to the lawyer tomorrow and take legal advice. All we can do is give you general information and guidance. 
Thanks, ***** ***** this helps

Customer: replied 5 days ago.
Ok brilliant thanks
Expert:  JimLawyer replied 5 days ago.

My pleasure, also note that once you sign the no win no fee agreement, you have to go through with it. Otherwise the lawyer will ask you to pay their costs (as they incur costs along the way, and if they win they recover them from the defendant's insurer). If you do not win then they write them off.

Customer: replied 5 days ago.
No problem. I've gone with Fletcher's one of the ones you put up. Are they equally as good in that field
Expert:  JimLawyer replied 5 days ago.

Hi, I can't recommend one particular firm over another but I didn't mention that one - I would try the others if it was my claim