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SolicitorRM, Lawyer
Category: South Africa Law
Satisfied Customers: 4060
Experience:  Director and Principal Solicitor. UK
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I had a claim against the NHS due to a missed fracture back

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Hello.i had a claim against the NHS due to a missed fracture back in 2015,I settled my claim on the advice given from a hand and wrist expert that I could continue to do my job as a bricklayer.that was my 4th operation I’m now onto my 8th and the last one done in may has not worked and will need doing again,that will be my 9th. It looks like I’m going to loose my job at work now as occ health have said I can’t be a bricklayer anymore due to my wrist. I want to make another claim on the advice I was given by the hand and wrist expert, no body wants to help me and I don’t know where to turn? I’m fully depressed now and can’t see how any of this is fair
Assistant: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: I have yes,possible chance of redeployment or then it’s redundancy. I’ve spoke to a few solicitor companies and they told me to try this site
Assistant: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I’m employed for a company,been there 15 year nearly. Yes I’m in a union
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: Not that I can think off no?
Customer: replied 7 months ago.
Anyone able to reply???
Hi thank you for your enquiry and your patience. I am a solicitor in England and Wales. Your question states South Africa but I can imagine you are in the UK as your claim relates to NHs. Can you clarify please
Customer: replied 7 months ago.
I’m in England,don’t know why it says South Africa?
Thank you. If you took a full abd final settlement claim you won’t be able to pursue the NHs again, if the advice of the scorer was incorrect and has resulted in detriment you may consider pursuing the expert for professional negligence because they would have had a duty of care and they would have failed you by giving wrong advice and you would only be able to claim on damages the difference in monetary settlement you would have secured had he said you can’t work as a bricklayer again. This would deal with your claim in relation to the settlement.
A second arm of your claim relates to employment. If the employer can give you another role and such post is there and you would be able to work in that alternative role despite the wrist injury then they should be considering that option. However if no other role you can fill you should consider voluntary redundancy. If they dismiss you without looking at other options within the company solely based on your wrist then you could consider speaking to ACAS as you potentially can have a claim for unfair dismissal in the employment tribunal. ACAS is free of charge and you can get their details online. I hope this helps and I would be grateful for your rating at your earliest convenience convenience. All the best
Customer: replied 7 months ago.
Excellent thank you for your advice,the professional negligence is the route I’ve been told to go down. It’s finding a company who deals in that is the hard part?
Call in the morning and they are bound to have a solicitor or public access barrister on tv sir books. They generally charge less than high street firms. The Lawsociety option you will get a short list and you can then make calls and assess for yourself if they are good for what you want to do.
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