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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.
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?
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).
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.
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.
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
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.
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.
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.
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
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,
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
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
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)
Your employer wouldn't be sued - it would be the site owner in this instance
My pleasure, thanks
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.
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)
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.
Most cases don't end up in court so I very much doubt it
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
Thanks, ***** ***** like it to me - it sounds like a high value claim.
Hi there, if you could please let customer services know by email :***@******.***. Many thanks, Jim
I can do, yes, if they relate to this question and the accident / injury. If unrelated then please open a new conversation, thanks
OK, thanks
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
Great, I would go for it - you only get one chance to do it
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
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
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.
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