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Thread: Do I have a personal injury claim?

  1. #1
    Regular Member Faz's Avatar
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    Default Do I have a personal injury claim?

    Way back in summer 2003 I was working for a large national retail store (keeping the name anonymous) for 3 months. I was asked one day to carry bikes that had just been delivered from a truck, from the ground floor, up a flight up stairs, into the storage room, and climb up a ladder to place them on a higher level shelf. I had to carry quite a few bikes all by myself that were boxed up, some of which were heavy and I struggled with.

    I received no health and safety stuff at this place of work, no advice on how to lift heavy items and therefore I signed nothing as a result.

    Shortly after I developed lower back pains, which at times were quite painful and very worrying given my young age. I went to the doctors and explained lifting these heavy bikes and he said I'm most likely done ligament damage as a result of carrying those bikes.

    For the next few years I received one/off lower back pains and now 4 years later I still do get issues with my back.

    I'm not one to jump on bandwagons but am I right in thinking I have a legitimate claim against this company? If so, what advice could you give as to where to approach etc. Is 4 years too late to try?

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    Regular Member LAV6Y's Avatar
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    As far as i know you only have 3 years to lodge a claim (from the date of the incident in question) for personal injury.

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    Regular Member shan's Avatar
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    Larry is correct 3 years.
    I had a very simlar thing about 8 years ago, Lifting a fiberglass shed into postion on a unaccessable with a small crane area at work. I twisted my back. I filled out a accident report and was haveing treatment for the next couple of years. When 4 years later i saw a spinal specilist he said i will need surgary to remove the 2 damaged disc's and replace with new. So i tryed to put in a claim and i was told i was to late i only had 3 years to do it. I even tried four different solicitor's all said i had no case anymore.
    Sorry to here your still haveing trouble mate, i know how it is haveing back problems. Buy the way after 8 years i'm still waiting for the operation.

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    Regular Member Caterman's Avatar
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    Default

    As above sorry m8. 3 years from the time of the accident.

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    Regular Member wardy's Avatar
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    You have 3 years from the date of the accident, unless you were under 18 at the time, in which case you have 3 years from turning 18.

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    Regular Member Faz's Avatar
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    That's a real shame. Wish I had done something earlier, as it was a genuine injury whereas you have people who are making false claims left right and centre getting away with it! Someone told me for work related injuries it's 5 years, is that untrue then?

    It was quite depressing a few years back when I had the toughest of the back pain as being just 20 the last thing you want is a permanent back injury.

    Thankfully (touch wood) over the last year or so, I've had hardly any pain.. although I wouldn't say it has disappeared entirely.

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    Regular Member Ben H's Avatar
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    And not that you may of seen it chances are somewhere they would of been displaying the health & safety legislation guide lines.
    Jokigly I threatened my old boss as I tore a muscle in my back lifting a 17" spare alloy wheel into the boot of an Audi. He turned round, told me to shut up as health & safety had been covered in my contract. Still got 4 weeks off sick.

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    Regular Member howey's Avatar
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    i also belive you must have worked for over a year at the company befor you could claim damages

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    Regular Member wardy's Avatar
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    Quote Originally Posted by howey View Post
    i also belive you must have worked for over a year at the company befor you could claim damages
    I think the 1 year period relates to redundancy & fair/unfair dismissal cases. Employers are responsible for your H&S from day 1.

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    Regular Member m8internet's Avatar
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    I've been thinking this one over...

    Firstly, was an injury sustained in the workplace?
    If so, was this recorded in the Accident Book?

    If the injury occured later, then was there a period of absence, and if so, how long for and how long after the heavy work load?

    Was your grievance (carrying heavy goods) reported to your line Manager?
    Did you refuse to carry out the work, report your grievance any further, or make any form of verbal or written complaint?

    The normal length of period for workplace injuries is 3 years, from the date of recording in the Accident Book, but can be extended for a further 7 years and where the matter is referred to an Employment Tribunal
    The normal length of period for a personal injury claim is 3 years, from the date reported on the premises
    These are quite different and are covered by different forms of legislation (hence why companies are so HSE savvy now!)


    Sadly, in this case from the descriptions provided, I would expect the employee would be found to be negligent and did not take reasonable steps to avoid the injury

    At the end of last year one of my employees was found negligent for falling off a scaffolding, as they had not applied the brake, and they had been warned by this failure on two previous occasions
    To top it off, the employee was ordered to pay our legal costs, but we mutually agreed to waive them as the former employee was in enough hardship as it was
    Last edited by m8internet; 24th June 2007 at 20:48.

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