Workplace Injury

[TCoys28]

I injured myself at work over 4yrs ago and decided to make a claim a few months later.

My solicitor told me that they admitted liability straight away. He also advised me that because they have admitted liability, they would settle out of court.
It has now come to a point that my solicitor has told me that they still haven't made an offer and that it's going to trial next week!

Why is it going to trial if they have admitted liability? What would I have to do in court?

[factor-fiction]

If they still admit liability the court case will be about the amount. Presumably your solicitor is asking for a lot more than the company thinks is a reasonable fair amount to pay. often these cases settle on the last minute with compromise

[TCoys28]

So once the company has admitted liability, they can still change their mind?
The solicitor hasn't told me of any offers that they may have made. Do you think they have made offers and the solicitor just hasn't told me?

I'm hoping it gets settled before the trial date (15th) as I don't really want to go. I no longer work there (didn't leave on a good note with one of the managers) and don't want to be seeing anyone

[factor-fiction]

After 4 years you need to ask the solicitor exactly what is going on- what amounts is he claiming on your behalf and is there any issue over liability

[Maydup]

You must ask your solicitor about this. He/she is working for you and should take your instruction, so make sure you understand why its going to court and whether any offers have been made. Who knows, you might want to accept one.

If they are on no win no fee, they will fight to the end for the highest possible amount as they are driven by the percentage they can take. If they are being paid by you and the outcome is not driving their fees, then you are at liberty to tell them to stop at any offer you choose.

[TCoys28]

I did send him an email a few days ago asking why it was going to trial and he hasn't replied. I think I'll call him later and ask what's going on.

I have so much other things going on at the moment and now I have to deal with this. It's just stressing me out!

Thanks for the advice factor-fiction

[Maydup]

..you choose to accept.

[TCoys28]

Hi Maydup, the solicitor is really difficult to get hold of, but I'm going to try and ring him today.

The solicitor was allocated to me through the union, so not sure how he works.

If the company have made offers, should he not be telling me about them?

[Maydup]

Grrr how frustrating for you.

You will just have to keep on at him and yes he should be passing any offers on to you. Did you keep up you union membership? If so maybe someone there could support you again.

[EDDIE51]

yes these claims are often settled just before the court case starts even a few minutes before in a lot of cases.

[cassa333]

The fact of the accident is not in question. They have admitted liability and have not 'changed their mind'. They are likely disputing the amount of compensation or your own culpability and therefore want to pay a lesser amount.

A family member mine had anccident at work which was in no way, in any shape or form his fault but the insurance company tried to mitigate their loss by saying it was partly his fault.

It took 5 yrs and went to the crown court in London (they live on the south coast) and he got £10m in the end and the H&S executive prosecuted three people from two different companies.

Union solicitor or not you should know what is going on.

[FredPuli43]

Right. What will happen is that counsel on both sides will turn up, to get their big brief fee for attending court, then spend half an hour walking up and down the corridor discussing the case, then your counsel will come to you and say that his colleague has made an acceptable offer and advise you to accept. You will, counsel will go into court and announce the settlement. That's what the game is about. Just occasionally, usually when quantum (damages) is potentially enormous and there is a serious question about the prognosis or the extent to which the medical condition is due to the accident, there is a contest. In that event , you will give evidence but the main issue is likely to be a medical argument.

[TCoys28]

So, my solicitor finally got back to me, with the following 5 points:

1 The Defendants have admitted liability for your case i.e. they were negligent;
2 However they also say that you were partly to blame for the accident.
3 The Hearing next week is by way of a Trial to consider the issue of whether you are partly to blame and also to assess the value of your claim and award damages.
4 Just this morning the Defendants have made an offer to settle your case in the sum of £13,000.00.
5 I have already instructed a Barrister to represent you at the Hearing next week. I have immediately this morning notified him of the offer and asked for his views on it. I should hear from him no later than Monday as to whether he considers the offer to be reasonable. Just as soon as I have his advice I shall let you know.

So I take it this means that I may not end up going to court?!

[factor-fiction]

If you are happy with the offer and accept it before the hearing date then you won't have to go to court. But ask your solicitor what he thinks your claim is worth and what the chances are of getting a higher amount. If they are offering £13000 the might accept a counter offer of say £17000, or at least negotiate a figure in between

[cassa333]

Cricky that's twice this week I've been right :) They are saying you are partly to blame.

Have they said in what way to blame? Can you prove you weren't?

Would you, if you accepted the amount they have offered, be admiting you were partly to blame?

[TCoys28]

I don't know how I was partly to blame.
My injury was caused by falling over a fire extinguisher that was holding open a fire door.
The only thing that I can think of is that they probably think that I should have maybe moved the fire extinguisher?!

[hc4361]

They will say you are partly to blame because you tripped over something in plain sight - failed to watch your step, to take reasonable care.

[factor-fiction]

I think it's probably best to leave issues of liability to your solicitor. The decision for you is whether you want to accept £13000 or hold out for more. There is a risk with rejecting though- the judge may decide a lower amount is appropriate. Ask your solicitor how much he thinks the claim is worth

[cassa333]

Also as part of normal H&S regulations you are responsible for paying attention and being careful but also have a duty to other people. They could be saying you should have a. Noticed the extinguisher and b. had a duty to move the extinguisher.

Mind you if you can show that it was habitual to prop open doors with them (or other items) and that you reported it as a H&S and fire hazard you might have a case ?

But again I don't think that releases you from your legal H&S obligations.

Good job I don't have to work these things out ;)

[furrypusscat]

It is normal that they would pay your legal fees and any other expenses, ie if you have had to undergo any medical assessments. Be sure to check with your solicitor that this is the case as you don't want to be having to pay your own costs out of your settlement.

[FredPuli43]

Sounds to me that the other side are arguing against the tide. Your counsel will probably advise a notional discount of 11 per cent but the other side will pay what they were going to pay whatever. Honour is then satisfied, and both sides can claim a result.