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HSE_Steve  
#1 Posted : 17 September 2014 13:57:50(UTC)
Rank: Forum user
HSE_Steve

Good afternoon All, hoping I can tap into your collective wisdom. I am aware of the 3 year limit on personal injury claims from the date of diagnosis / injury but we have a situation which is slightly more complex. One of our engineers injured his hamstring back in 2007 and was off for some time. This was correctly reported to the HSE at the time as an 'over 3-day injury' as per the rules of the day. Since then, the engineer has had a lot of time off with other chronic conditions, bad backs, knees, hips etc... This morning he asked me for the exact date on which he injured his hamstring as he has been 'told' that this could have been the cause of all his other problems.... So my questions are twofold; 1) Would a court accept that the 3 year period began when a medical professional first stated that there could be a link between the injuries and not from the 2007 date? 2) Would a court accept the claim if a medical professional stated their 'could' be a link between the first and subsequent injuries, on the balance of probabilities or would they require a firmer causal link? thanks Steve
Canopener  
#2 Posted : 17 September 2014 14:20:40(UTC)
Rank: Super forum user
Canopener

Steve, with the best will in the world anyone here second guessing what a court might decide is, err, second guessing. Lap of the gods. I personally wouldn't be spending too much time pondering it. IF they make a claim deal with it then. I would suggest that at first sight the claim would be rejected. But that all depends on the circumstances. If the plaintiff can sufficiently evidence a casual link then they may have a case. If not, then they don't. I wouldn't be losing to much sleep over it right now.
walker  
#3 Posted : 17 September 2014 14:34:59(UTC)
Rank: Super forum user
walker

I agree with CO If in the unlikely event it got there, its Civil court for damages. Let you insurer worry about it
Ian Bell  
#4 Posted : 17 September 2014 16:13:54(UTC)
Rank: Super forum user
Ian Bell

I think the engineer may have a valid point. I thought the 3yr clock started ticking from 'the point of knowledge' not strictly the calendar time that has since passed from the original incident.
HSE_Steve  
#5 Posted : 18 September 2014 08:16:47(UTC)
Rank: Forum user
HSE_Steve

Hi, thanks for the comments, much appreciated. To be honest, I'm not overly worried about the issue, I just wanted to get some information together so that when (if) my Director asks me what can and cant be done I can give an accurate and concise answer. As an aside then.... I'd count myself as quite experienced in H&S, chartered etc but one of my weaknesses is the actual practicalities of the legal system. I'm aware of the theory but fortunately I've never really been involved in the legal side, either criminal or civil. What would be the best resource to understand what actually happens in practice? thanks again.
stevie40  
#6 Posted : 18 September 2014 08:35:50(UTC)
Rank: Super forum user
stevie40

http://www.byromstreet.c...11/04/Limitation-Act.pdf Limitation is a complex area and as others have said, one to leave to the insurers and any solicitors they appoint to deal with the matter. The link above contains some useful info.
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