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any personal injury lawyers out there? desperate

34 replies

LEMAGAIN · 23/03/2009 17:06

My DP works for himself, he is a builder, he has had a guy working for him for the past month. The guy has slipped off a ladder and broken his arm, it needs pinning. The ladder was sound but DP says he was very technically using it ever so slightly wrong - as in, DP probabaly would have done the same thing. The guy over stretched and fell off the ladder and broke his arm, and the ladder. Apparently DP has public liability that covers it but i have a horrible sinking feeling that it is out of date - please god i hope not. Not sure a) if this is something the insurance would pay out on, or b) if DP would be liable anyway. The guy is working for him on self employed basis

Please can someone reassure me that this isn't going to end up with my DP being sued?? or are we at the mercy of the guy actually being half decent and accepting that accidents are just that, accidents. This will finish us.

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Lulumama · 23/03/2009 17:08

oh bloody hell can DH find his insurance docs? they often include some sort of legal cover and helpline?

so sorry. what a terrible situation

LEMAGAIN · 23/03/2009 17:09

well i will look them up later - its a complete and utter fuck up. I am not sure i can cope with this to be honest

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LEMAGAIN · 23/03/2009 17:21

DP only seems to be bothered about him not being able to work for the next x amount of weeks I think that could be the LEAST of our worries - im too scared to look at the liability docs, i am sure it runs out this month and we are so broke we might have overlooked it. I just want to cry - no scrub that, i AM crying. DP is obviously concerned for his friend, but he says the guy is fine, but hes not fine is he, he's broken his arm, whilst working for my DP!

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Aeschylus · 23/03/2009 17:25

hey cmon chin up, do they get on well, he may not be looking for money etc, I appreciate you are very short of money, but you may want to try to keep him sweet by giving him some money whilst he cant work etc

georgimama · 23/03/2009 17:30

You need to check the insurance now. Even if he were self employed your husband needs a valid public liabliity insurance policy.

If you do have insurance, any claim made against your husband will be indemnified by them - they will take over and decide whether to pay out and if so, how much. But you need to notify the insurers. And your husband needs to inform the HSE of a dangerous occurance. Look on their website for info.

Head in sand really not the best approach here.

Lulumama · 23/03/2009 17:40

agree with georgiemama, you have to look at the documents now.

no point thinking the worst if it is not going to happen

if your insurance has lapsed, then you will cross that bridge, if it has not, then you can take a big deep breath and start sorting things

is it a monthly or yearly payment>

DaisyMooSteiner · 23/03/2009 17:43

Do they not write to you just before renewal? (Sorry, know nothing of public liability insurance, but most other forms will do this) If so, you'd have had something through recently and would remember surely?

LEMAGAIN · 23/03/2009 17:51

my head firmly in the sand for just this minute - yes, they get on well, but lets face it, this is money we are talking about.

georgie - shit, do we really have to do all that? even if he just fell off a step ladder - this is scaring me

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LEMAGAIN · 23/03/2009 17:52

daisy, yes, i don't remember a renewal, but dp been opening post and he is head in sand up to his arse about money just now - oh bollocks, im looking for it now - didnt want to, but i have to dont i

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LEMAGAIN · 23/03/2009 17:57

Oh thank God!! We are covered, well at least the insurance runs until May!! I remembered it ran out during a month begining with M you see so was seriously worried it had lapsed. DP had to pay a bloody £400 fine last month because he had lapsed by 5 days on his van insurance because he thought it run out at the end of the month, this would have been fecking typical!!

HSE though, thats scary shit - really? Even if it is only a friend doing some work for him? oh dear, im going to battle getting DP to do any of this - i am all for getting on phone to them etc, but really - do we HAVE to?? Surely if the guy doesn't make a claim -oh dear - what shall i do??

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LEMAGAIN · 23/03/2009 17:58

sorry - i dont think ive thanked you all for your advice!! im in a bit of a state

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DaisyMooSteiner · 23/03/2009 17:59

Hurrah! You're covered, that's the main thing.

Lulumama · 23/03/2009 18:00

i know this sounds holier than thou, but keeping on top of paperwork will stop some of the stress you are going through.. and stop you losing money.. £400 fine !

am glad though you are covered, and i hope this is all resolved in the best way and your DP is not in any trouble

LEMAGAIN · 23/03/2009 18:04

lulu - it doesn't but well, if only........

yes, being covered by the insurance helps - thank God for small mercies eh.

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georgimama · 23/03/2009 20:05

"HSE though, thats scary shit - really? Even if it is only a friend doing some work for him? oh dear, im going to battle getting DP to do any of this - i am all for getting on phone to them etc, but really - do we HAVE to?? Surely if the guy doesn't make a claim -oh dear - what shall i do??"

Yes you do.

Look here. You need to get it out of your head that he is "just a mate" your DH is in effect in control of a workplace and he needs to comply!

Sorry for lecture!

FiveGoMadInDorset · 23/03/2009 20:09

There are courses now that you are meant to do to show you how to use a ladder properly.

Lulumama · 23/03/2009 20:12

say this mate has broken his arm and damaged it so badly that he can never work again.. he is not going to be thinking in mate terms, he is going to want compensation.. as would you or your DP in the same situation.. i agree with georgiemama, best to be fully up to speed with all this sort of thing, it might be stressful, but the alternative is far worse

LEMAGAIN · 23/03/2009 21:13

lulu, that doesn't bear thinking about. He said to DP that he would be back at work on wednesday

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LEMAGAIN · 23/03/2009 21:20

georgie, thanks for the link - my DP has gone into head in sand mode so i am going to make him look at that. I know he is stressed and shitting his pants and thinking that if we can just keep it under wraps it will go away! Thankfully lulu, i don't think the guy has sustained damage that he wont be able to work again as the hospital have advised him to exercise the arm - he has to attend the local hospital tomorrow (DP is taking him) to assess whether or not it needs pinning, it is not in an appropriate place for a plaster cast.

We need this like a case of the bubonic plague i can tell you

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risingstar · 24/03/2009 07:37

If I were you, first thing in morning YOU phone the insurers to ask their advice about what to do. They will tell you to report to Hse. Then YOU phone HSE and put donkey head on, saying insurers have told you to report, didn't realise etc. In my experience, the stress comes from depending on others to do this stuff. Are you a director/co secretary of hubby's business? If so, this gives you the right to be involved.If not I still think that most orgs will speak to you. Just chunk this down into manageable bits, rather than being daunted by the whole situation.

LEMAGAIN · 24/03/2009 07:48

rising star, im tempted to do this but if itake things into my own hands then i hate to admit this, i think i am scared of the repercussions, i figure it will be the last nail in the coffin of our relationship (i wish it would be the last nail in the coffin of the business, but it is clearly more important to DP) Its his b-day today. He has taken the guy to local hospital i think alot depends on what happens, but i tried to explain to him last night that it is the law to report this stuff - that we should plead ignorance on the risk assesments etc and hope for the best - it is too much for me, this business - i just want a "normal" life. You know, one where we at least know when or if there will be money coming in, where bailiffs are not at my door due to forgotten payments and that i have a partner who interacts with me on a romantic, non stressed, level who i dont have to tread on eggshells around.

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LEMAGAIN · 24/03/2009 08:21

reading this back paints a very dim picture of my DP and that is unfair. It reads like he is abusive - he isn't!! He is just very stressed lately so he is moody. I am very stressed lately (coming off ADs) and moody. Anyway - have spoken to him and he agrees we should report it - he is at the hospital with the guy this morning so going to wait to see what they say, get the guy to write down his version of events, put together some sort of accident form and take the plunge.

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MarmadukeScarlet · 24/03/2009 08:40

I write on my kitchen calendar when all policies end, as I am really disorganised.

This has helped stop me panicing about MOT's, Tax, insurance etc at 3am when I was awake and worrying as I couldn't look for the paperwork as it would disturb the DC (study between their bedrooms).

georgimama · 24/03/2009 09:04

I do know what you mean LEM about the stresses of being self employed, it is really hard sometimes.

Good luck with the HSE report - it is a call centre really, nothing very intimidating to it - and the insurers.

LEMAGAIN · 24/03/2009 09:52

do you think we are going to be in trouble georgie? honestly

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