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(68 Posts)
mulledoverwine Wed 13-Dec-17 06:48:48

DH had an accident at work a few months ago caused by something being set up incorrectly by a 3rd party contractor. I'm being purposefully vague to avoid outing.

It has resulted in long lasting damage that may or not get better. He has reduced mobility in a limb and has been advised by an HCP that he currently only has 50% use of it and is going for further tests to find out the extent of the damage.

This has affected him mentally and obviously physically. He is constantly in pain and overuse makes it worse which affects his ability to do his job properly as it is an active role. It affects every part of his daily life and he has had to adapt how he does things.

He has been depressed over it and it has affected his personality in terms of him being irritable and with no patience. The exact opposite of his "normal" personality.

This is the IHBU part. He has been to see a solicitor about an insurance claim however he keeps changing his mind as morally it doesn't sit comfortably with him.

And my concern is will it affect his job if he puts in a claim?

Do you think he is being unreasonable to have a solicitor take this further with his employer?

Emerald92 Wed 13-Dec-17 06:51:45

No, in this case your DH is entitled to and should seek compensation! Of course he isn't BU. Need you ask?

iamkahleesi Wed 13-Dec-17 06:53:05

I'm sorry about your husbands accident. I think a huge amount of the time when people put in claims they are taking the piss, however in your husbands situation I think he is quite right to do so. It was an accident at work that wasn't caused by him that could impact him for life. He should claim.

Smarshian Wed 13-Dec-17 06:56:17

He is 100% NBU. He needs to get some compensation for the terrible situation that has happened to him.

Hatsoffdear Wed 13-Dec-17 06:57:09

Irwin Mitchell are marvellous op. Your dh should claim as that’s what insurance is for. They were marvellous with our dd after a terrible accident. I expect your dh is still shocked.. good luck to you both flowers

WineGummyBear Wed 13-Dec-17 06:57:35

It sounds like your DH is wary of getting involved in the compensation culture and or is concerned about his professional reputation. Both are understandable. But this is pretty clear cut. The actions/negligence of a third party have left him with health problems that will continue to affect his quality of life/ability to earn. This is exactly the instance in which it is sensible and appropriate to seek representation and compensation.

Poor both of you. Sounds horrible.

FlibbertigibbetArmadillo Wed 13-Dec-17 06:57:38

If it's likely to have an impact on his work and therefore reduces his ability to earn he absolutely should claim. That is why his employers will hopefully have insurance

MilkTwoSugarsThanks Wed 13-Dec-17 06:59:01

Would he consider making a specific claim, like private health care so he won't have to worry waiting lists and can have physio for example? Or some kind of future protection a long the lines of loss of earnings if he lost his job as a result of the accident?

I certainly think he should discuss it with a solicitor, it doesn't have to be a simple "give me a cash payout" which he may feel more comfortable with.

mulledoverwine Wed 13-Dec-17 07:01:41

It is definitely the claim culture that is putting us off. As soon as he mentions it to anyone at all the first thing they say is that he should put in a claim when all he wants is to be rid of the problem! He says he'd pay 10k himself to be back to normal.

His work do have insurance. It is a medium sized multi million pound turnover company.

mulledoverwine Wed 13-Dec-17 07:03:15

@MilkTwoSugarsThanks that is an excellent idea! We may have to get another car as a result and better healthcare would be great.

HeteronormativeHaybales Wed 13-Dec-17 07:26:00

This is what liability insurance is for. He should put in a claim. I'm sure insurers and most sensible people can tell the difference between a genuine case and someone taking the piss.

user1493413286 Wed 13-Dec-17 07:35:30

I’d try and reframe it and think what he could do with the money to improve his quality of life due to the accident, so if he could afford then to reduce his working hours so he’s in less pain and feels better in himself that would be a massive benefit.
It’s not like you’re putting a claim in for no reason; his and your life has been massively effected.

billybagpuss Wed 13-Dec-17 07:35:50

There is a massive difference between someone putting in a claim for whiplash from a fender bender that barely even scratched the car when the pain was gone within a week, which is the main issue with the claim culture ie if there is pain there must be a claim, and what your husband is suffering.

He has decreased mobility and you will need to spend money to maintain a normal life.

Legally it should not effect his position in the company at all and there are routes you can take if it does.

He sounds like a very decent bloke and hopefully there are people at work he can talk to about it as well as his solicitor so it can all be done amicably. They can not deny that it has minor life changing implications and therefore should be prepared for compensation.

Don't leave it too late.

Penfold007 Wed 13-Dec-17 07:36:12

Any decent injury claim lawyer will do an assesment on your DH's case and work out the chances of the claim being upheld. They will then advise DH of the results, whether they are prepared to take him on and the risks involved. It's worth talking to a specialist firm and taking advice, he may wel, regret not talking to someone.
He also needs to register the industrial injury with the DWP.
If he is in a union that's a good place to get advice on the process.

wheresmyphone Wed 13-Dec-17 07:38:22

First and foremost he needs to talk to his employer. He will have doctors records and advice. Talk to them AFTER talking to ACAS He should be careful what he says but you can help by documenting how is is now compared to before the accident. Please be careful of the ambulance chasers who will encourage to sue for every penny. They can destroy a relationship between employer and employer whereby he gets £x amount of money but effectively ends up with no job or feels he has to leave. The ambulance chasers can be unscrupulous and only think about their % and forget about the employment relationship. ACAS will be able to help him script his meeting. Do not go with ANY solicitor who cold calls. No decent solicitor needs to cold call or advertise at A&E! It sounds as if this is clear cut but tread carefully. ACAS then employer. Then a solicitor.

makeourfuture Wed 13-Dec-17 07:43:57

The ambulance chasers can be unscrupulous and only think about their % and forget about the employment relationship.

Well a good employer will understand they have breached their duty of care and will move quickly to do all they can for the employee they let down.

Mummyoflittledragon Wed 13-Dec-17 07:45:47

He definitely needs to claim if his company isn’t offering him decent compensation. As it is an insurance company, you could argue if they cared about their employee they would offer and would know how much it should be. It sounds as if his capacity to work is compromised so he is nbu.

Standingcat Wed 13-Dec-17 07:46:07

My DH’s colleague had a leg injury at work, he is still with same employer, took legal action and got £10k but he worked closely with his company to get it, encourage your DH to speak to employers? This will affect him for life and it’s what his employers insurance is for

rachelracket Wed 13-Dec-17 07:51:37

if making a claim affects his job then he'll have another claim against his job!

ladybug92 Wed 13-Dec-17 07:56:06

Yes make the claim. It will affect him but he has been affected by the negligence of his company not managing the contractor properly.
A mobility impairing injury is major and should be treated as such.

Sarahjconnor Wed 13-Dec-17 07:57:53

He must claim. 2 reasons:

1) this is why the business will have been paying liability insurance. This is what businesses are insured for, so that they can act correctly and look after anyone who is injured etc. He is only saving the insurance company money by not claiming
2) to ensure a full and proper investigation is carried out and this doesn't happen to anyone else. Sadly it is more likely that they will carry out a full review of working practices if this is an expensive problem for them.

'Claim culture' is my exNDN taking a job and a OAP home and faking a 'slip' on the second day then claiming a 5 figure sum whilst showing off at the local pub about howe 'clever' you've been. Not a man providing for his family following an appalling accident at work.

ArchchancellorsHat Wed 13-Dec-17 07:58:59

Agreed, both the company and the contractor should have insurance for exactly this sort of thing. Our DH isn't trying to make a profit from an accident, just make things right. The money could go towards physio or aids to help keep him working.

RB68 Wed 13-Dec-17 08:00:38

I think you need a reputable LOCAL firm - don't go for any of the big names they tend to use Junior solicitors and supervised by a more senior and I think there is less care in bringing a case.

He is being unreasonable to NOT claim - he has a significant injury that is effecting him mentally and physically and will continue to do so for the rest of his life and will impact his ability to work in the long term.

He needs to think about compensation for the injury
compensation for the mental state he has been left in
compensation for the long term loss regarding being able to do his job

You can then look at possibly some training to help keep him working till he is able to retire.

They should also think about the impact on his pension long term as well

Deemail Wed 13-Dec-17 08:00:53

Your dh needs to think long term too. If the damage is irreversible how will this impact his ability to work as he gets older. What will happen if he's made redundant, will he be considered employable by another company?
Having a long term illness/disability often has knock on effects and causes other ailments. This could be for the rest of his life. He is a genuine case and his life has been severely impacted.
He needs to consider the long term implications and the restrictions he will face for years to come and ensure that financially he has been compensated enough to make sure your standard of living won't suffer and that if I'm the distant future new therapies evolve he has the funds to access them.

makeourfuture Wed 13-Dec-17 08:02:28

There are also issues of vicarious liability (sub contractors). It is a complex area of tort. A solicitor will have the knowledge to sort through it.

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