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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

Is DH BU?

67 replies

mulledoverwine · 13/12/2017 06:48

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?

OP posts:

FittonTower · 13/12/2017 08:04

My dad was a shop steward in a factory, over the years there were industrial accidents of various degrees of severity and every single time the union worked with the injured man/women to claim. After every claim safety procedures were improved and the safety record of the place got better every year.
Compensation for industrial accidents isn't just for the injured party to be able to adapt their lives it forces the company to try to ensure it doesn't happen again.

FluffyWuffy100 · 13/12/2017 08:08

In this case he’s be silly not to claim.

The long term impacts might really cost you - need to retire early thru I’ll healt, harder to get a new job with his reduced mobility, ongoing treatment etc.

Bodear · 13/12/2017 08:12

I’m not sure the advice from RB68 is correct regarding using local firms. The larger national/ international firms have more experience, better reputations (which will affect how they are viewed by the other side), often higher quality standards and arguably better lawyers as they pay higher salaries. There is nothing wrong with having junior staff working on a case too as the more senior person will check the work anyway. Don’t discount them.

FluffyNinja · 13/12/2017 08:20

He is BU.
My friend had an accident that has been exacerbated by poor medical care (operation to correct went wrong) and she currently spends a fortune on Physio appts.
She really didn't want to claim (similar reasons) and ended up accepting a minimal payout but totally regrets that decision now.
She's had to move from her lovely old cottage style house to a small (poorly insulated) bungalow, pay for adaptations (sit down shower etc.) and adaptations to her car to enable her to drive. She's not been able to work for the last 5 years and she's definitely not the person she used to be. There's no NHS where we live so a lot of her money goes on essential care and pain relief drugs.
She has 2 degrees and used to be in senior role but can no longer work in that field due to the injuries (spine).
She's living on benefits and takes anti-depressants.
It's so sad as she was such a vibrant happy person before the accident.
Please get your DH to reconsider.

KERALA1 · 13/12/2017 08:23

Every law firm I've ever worked in has junior staff doing the work and partners checking it and I started in the high street, moved to decent regional firm and ended up in magic circle so tried them all out! Not cost effective for partners to be doing everything.

Law society will have list of solicitors also check legal 500 for whose good in this area. I would want a specialist. Good luck

Sketchily · 13/12/2017 08:29

I absolutely loathe the compensation culture. But in your husband’s case it is absolutely the right thing to sue. Not only is it a genuine injury, it involved negligence on the part of another party.

What makes people’s bloods boil is when injuries result from the person’s own negligence and they make a claim (eg burglars falling off roofs) or the pp’s ex-NDN’s spurious claim for an injury they didn’t actually sustain.

Your DH IBVVU.

KERALA1 · 13/12/2017 08:37

Sadly the scammers and liars have smeared the whole industry.

I had a minor shunt that wasn't my fault and was actually harassed by 3 to 4 calls a day for months to my mobile. Someone in the chain of garage or insurer had sold my details. One of the callers admitted they had bought the info. Made an official complaint but didn't get anywhere.

Original poster

mulledoverwine · 13/12/2017 09:48

This has been really helpful. Mentioned to DH about ACAS and he has heard of them and will give them a call.

OP posts:

Original poster

mulledoverwine · 13/12/2017 11:01

ACAS were okay. Nothing of note. I think he just feels he wants someone on his side in work.

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DianaPrincessOfThemyscira · 13/12/2017 11:08

He definitely should pursue it. If he can’t continue in this job he may need a fallback before he gets a new one.

I’m still annoyed my DH didn’t when he had a similar situation - it’s about 15 years later and while he doesn’t have reduced mobility he does still get pain in the scar.

BiddyPop · 13/12/2017 11:12

I have only read the first few posts. But what jumped out at me was that your DH is worried about being part of a compo culture - but also that he was seriously injured at work through no fault of his own.

Another way to think about a claim could be to consider how much of a difference any pay-out would make to him. Could any compensation be used to cover physio, occupational therapy, sports therapy, or other therapies/meds/supports to help him either recover better/more/faster, or to learn to adapt better/get aids to help him in the future etc?

Not seeing it as money to be used for anything frivolous, but actually money to be used to help him recover better and be better able to get back to full usefulness at work and at home, and reduce his pain in the longer term?

I don't know if there may be such help for his injury that could make a difference, but if there was, and particularly if there was help that is not accessible (or there's a long waiting list) on the NHS but that is available privately, any compensation could be used towards that help and making a difference to his quality of life in the long run. And thus helping to improve things for the rest of you also as he gets to cope better and his moods may go back to what they were (as his pain and frustrations reduce).

Mummyoflittledragon · 13/12/2017 11:27

What is work saying?

RainbowPastel · 13/12/2017 11:45

He should claim for Industrial injury benefit too. My Dad was injured at work. He claimed this and still does now he is retired. He was assisted by the union and received compensation after 4 years. It didn't affect his job in their attitude to him. His is a life changing injury. If your DH may get better then it might be different.

Original poster

mulledoverwine · 13/12/2017 12:11

It's just really hard. He is miserable. He doesn't get sick pay so hasn't taken any time off when I think he needs to for his mental health.

His work hasn't done anything. The HR guy was in the other day and it was obvious DH was suffering from the injury and he made a joke of it and laughed at him when with a group of senior management DH was told the HR guy would be in to see him but that was a couple of weeks ago and he's heard nothing.

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Original poster

mulledoverwine · 13/12/2017 12:12

He phoned the docs today to chase up a referral and there are 2 letters from the hospital that have been there for 2+ weeks and are still sitting as pending and haven't been looked at!

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RB68 · 13/12/2017 12:20

Bodear I used to audit personal Injury files in solicitors offices believe you me I would far rather have a good experienced local solicitor that can keep open good chain of communication that only takes on a few cases than some of these big names that are about volume and throughput. The local solicitor will be far more experienced in the process and complexities of a more involved case and will deal with it personally rather than some two bit grad that has a case load of 50 or so "small claims" that is all about processing things through the sausage factory

Original poster

mulledoverwine · 13/12/2017 12:22

It's a local solicitors company he is in touch with.

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RB68 · 13/12/2017 12:23

The other reason to start now is often even for the smallest claim it can take two or three years to sort out especially where culpability is not 100% clear. They don't exactly seem like they give two hoots for what happened so the only way to change things in the work environment and get your husband financially in the same position before he was injured is to get a claim at least started - its a slow process and one that I think is messily tied up with too ing and froing between medics, insurers, lawyers and workplaces none of which are known for their speed of action

RestingGrinchFace · 13/12/2017 12:24

How does it not sit with him morally? The employer failed to provide a safe work environment and he has been permanently injured as a result.

RB68 · 13/12/2017 12:27

KAV yes all lawyers use juniors to some extent but its about keeping a close eye rather than a distant eye. I have seen both sides and whilst much depends on the senior solicitor we are talking about I would still rather an experienced more local guy than big multinational firm - I think they loose something especially when dealing with a more nervous client like this

AnnaleeP · 13/12/2017 12:29

I would really urge you and your husband to start the ball rolling with a claim.

This could affect him for life, other posters have made very valid points about future employment and the potential for this injury to affect that further down the line.

You have three years from the time of the injury to bring a claim to court. Although that may seem a long time, several months have passed now. Evidence will need to be gathered and so on, that may take time.

eurochick · 13/12/2017 12:38

Someone will have to pick up the tab for physio, medical care, early retirement, etc. If he wants to consider it from a moral point of view should this be the taxpayer or the company at fault (and their insurers)?

DonkeysDontRideBicycles · 13/12/2017 12:44

No fresh advice to add but I hope your DH will reconsider.
Perhaps it rings a little hollow nowadays when we hear so often 'lessons will be learned', but in circumstances like these it really is important saf

DonkeysDontRideBicycles · 13/12/2017 12:45

(Sorry, butterfingers) ...safety is improved.

BarbarianMum · 13/12/2017 12:47

He should claim. Company will probably counter claim against 3rd party contractor's insurance anyway.

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