pfazz
Well-Known Member
Why does everything have to be someone else's fault these days? What happened to being responsible for your own actions, we will need to be told when to cross the road soon.
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compensation claim
- Thread starter goatersnipple
- Start date
softlad
Well-Known Member
If you want a value of the injury alone, Google JSB guidelines or JC guidelines. Essentially these are the guidelines used by those in Personal Injury cases to value injury. I'm not sure they're readily available online however.
General Damages (injury) will take into account your past history, severity of the injury and future prognosis.
Special Damages will deal with anything else (Loss of Earnings, Medical Costs, Travel, Care etc).
I'll not go into the other bits and pieces surrounding legal liability, too much info would be needed to ascertain that. All I would say, if there isn't or wasn't a valid Risk Assessment / Method Statement or Safe Working Procedure in place then you'll be pretty much home and dry.
General Damages (injury) will take into account your past history, severity of the injury and future prognosis.
Special Damages will deal with anything else (Loss of Earnings, Medical Costs, Travel, Care etc).
I'll not go into the other bits and pieces surrounding legal liability, too much info would be needed to ascertain that. All I would say, if there isn't or wasn't a valid Risk Assessment / Method Statement or Safe Working Procedure in place then you'll be pretty much home and dry.
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blueinsa
Guest
Anyone have any idea of a value to a back injury claim.
To cut a long story short I'm a joiner and I was employed by the local council ad a multi trades man.
I was put onto a contract to replace 36 kitchen in a sheltered block with an apprentice.
I had no induction to the company when I first started.
No ppe.
And no health and safety training or manual handling training.
When the contract started there had been no risk assessment carried out.
As a result I had to lift the worktops on my own as two people couldn't fir into the kitchen at the same time while lifting the worktops even though it is classed as a two man lift.
This resulted in me hurting my back and been taken off the tools and given a surveyors job.
I was advised to sue the council which I'm in the process of doing now.
When my solicitor asked for the risk assessment they sent him a made up one.
That was in the wrong company section name.
Not signed.
Oh and dated 4 months after the job started.
When the solicitor questioned this they re sent it but had altered it from the first one.
Anyone have any experience in this type of thing as I have no idea how much I'm likely to be paid out.
The solicitor has said he will not accept any offer as we have more than enough evidence and he's quite happy for it to go to court if necessary
"No induction, no ppe, no health and safety" and sadly, it appears no common sense on your own part.
You do realise you are as responsible for your own health and safety as the company is? You say it's a 2 man lift but then do it on your own, tweak your back in doing so even though you knew it was wrong and now you want compo?
A joiner who needs his hand held every job and taught how to suck eggs?
Sorry mate, bang out of order imo.
DenisLawBackHeel74
Well-Known Member
- Joined
- 20 Feb 2010
- Messages
- 11,502
Hope you get a decent pay out. Pretty poor from them in this day and age, but not surprising.
What's the prognosis on your back? Can you eventually fully recover?
What's the prognosis on your back? Can you eventually fully recover?
stonerblue
Well-Known Member
"No induction, no ppe, no health and safety" and sadly, it appears no common sense on your own part.
You do realise you are as responsible for your own health and safety as the company is? You say it's a 2 man lift but then do it on your own, tweak your back in doing so even though you knew it was wrong and now you want compo?
A joiner who needs his hand held every job and taught how to suck eggs?
Sorry mate, bang out of order imo.
Ouch !
Harsh, but i have to agree.
yeseye
Well-Known Member
I thought the op stated he was told to crack on or look elsewhere ? A lot of this poor attitude to the health&safety of the working man goes on. This is why companies find themselves being prosecuted in Tribunals and also Courts on a daily basis. If the lad needs an operation he could be laid up for 6 months. I've had a few run ins with employers trying to take the piss, but I usually tell them to go and fvck themselves . With what he's said, I think he will be compensated and rightly so!"No induction, no ppe, no health and safety" and sadly, it appears no common sense on your own part.
You do realise you are as responsible for your own health and safety as the company is? You say it's a 2 man lift but then do it on your own, tweak your back in doing so even though you knew it was wrong and now you want compo?
A joiner who needs his hand held every job and taught how to suck eggs?
Sorry mate, bang out of order imo.
stonerblue
Well-Known Member
I thought the op stated he was told to crack on or look elsewhere ? A lot of this poor attitude to the health&safety of the working man goes on. This is why companies find themselves being prosecuted in Tribunals and also Courts on a daily basis. If the lad needs an operation he could be laid up for 6 months. I've had a few run ins with employers trying to take the piss, but I usually tell them to go and fvck themselves . With what he's said, I think he will be compensated and rightly so!
Yep, i can also see this side of the coin. Being told to either do the job how it is or piss off is out of order by the council.
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blueinsa
Guest
I thought the op stated he was told to crack on or look elsewhere ? A lot of this poor attitude to the health&safety of the working man goes on. This is why companies find themselves being prosecuted in Tribunals and also Courts on a daily basis. If the lad needs an operation he could be laid up for 6 months. I've had a few run ins with employers trying to take the piss, but I usually tell them to go and fvck themselves . With what he's said, I think he will be compensated and rightly so!
I dont for a second condone twattish bosses trying it on but health and safety is the responsibility of everyone and you are also responsible so why do something you know is wrong?
Im also at a loss why a joiner feels the need to be inducted and given a manual handling course every time he fits a kitchen, something that is his bread and butter?
yeseye
Well-Known Member
Because it is the responsibility of the employer to make sure he has been inducted and his manual handling certificate is in date bread and butter or not.I dont for a second condone twattish bosses trying it on but health and safety is the responsibility of everyone and you are also responsible so why do something you know is wrong?
Im also at a loss why a joiner feels the need to be inducted and given a manual handling course every time he fits a kitchen, something that is his bread and butter?
goatersnipple
Well-Known Member
No treatment t as the disks they would fuse together are knackered aswell.Hope you get a decent pay out. Pretty poor from them in this day and age, but not surprising.
What's the prognosis on your back? Can you eventually fully recover?
So all I can do is never lift anything above 15kg.
Other people on here have said why lift it tgen blah blah.
It was either that or like I said before look else where.
I only sued the council as the health and safety officer told me to as he was sick of the way things were been run