Rank: Guest 
|
Posted By Brett Day
Here's a little poser, an engineer goes to site, and slips whilst moving down a slope on a roof (two different levels with a 45 degree incline between the two levels) tearing the muscles in his right leg. He is duly signed off work for several months by GP, however, three weeks later is sacked by his employer.
The injury is permanent and as such walking is occasionally painfull, running is always painfull and the person can no longer do his previous job (it entails carrying tools, ladder work for access and a fair degree of physical agility).
Liability has been agreed at a 90%/10% Insurers/Injured Party, the case is on it's fourth solicitor:The first did nothing,The second did nothing and
The third solicitor proffessed ignorance of H&S law, unfortunately the fourth isn't much better.
BUT
Quantum is still to be decided, the case thus far has dragged on for four years, the Insurers are still dragging their heels, the solicitor doesn't know what can be claimed for.
I've been assisting with providing information but haven't dealt with personal injury claims before.
Any thoughts on what could be claimed for in terms of quantum and how to get the solicitor to get it right.
Any comments from Practitioners who have been involved in personal injury claims would be appreciated.
|
|
|
|
|
|
Rank: Guest
|
Posted By Kieran J Duignan
An RSP, I'm also a chartered Fellow of the CIPD, chartered occupational psychologist and registered ergonomist with experience of providing expert witness services to courts and employment tribunals in relation to personal injury, unfair dismissal and disability discrimination claims. As a qualified counsellor and career consultant, I have also been commissioned by employers to assist with delivering 'reasonable adjustments' when an employee has been injured so badly that he simply couldn't do his former job.
It's not possible to comment adequately on this claim without knowing the details.
On the basis of the information outlined, I wonder whether the best possible claim is being pursued: has your solicitor discussed with you the pros and cons of a PI, UF or DD claim, with reference to relevant precedents and to the upper limits possible under each heading? As there is, in principle, no upper limit for a discrimination claim, it seems odd that you make no mention at all of such a possibility if the facts of the case are that the engineer's employer did not offer to make 'reasonable adjustments' to enable him to carry out his job.
Your lack of confidence in the solicitors you have consulted is deeply worrying. Have you checked that they specialise in personal injury, unfair dismissal or disability discrimination and are members of the legal groups that specialise in these particular areas? Are you paying them the right level of fee for an expert in the area where you can make the best claim?
If it is not too late in the day, consult a solicitor experienced in handling disability discrimination claims against an employer, without further delay.
As in any profession, a good solicitor can exercise some discretion about the cases he/she is willing to deal with. Sadly, you now face the challenge that a capable solicitor may not only be pricey but may also be reasonably wary about being the 5th in a chain of solicitors with whom you have not won.
In these circumstances, it's a good idea to get a reference to a solicitor with relevant experience - so, you are welcome to contact me on 020 8654 0808 during office hours if you wish.
|
|
|
|
|
|
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.