Hi

This is my first time so please be kind!

In June 2012 I had an accident at work, injuring my shoulder whilst lifting steel beams off a lorry which my Manager demanded was done when we are not normally allowed to manually lift. I have been off work since then. Initially I was paid under my companies sick scheme then SSP for the first 5 months. After attending an Occupational Health Assessment arranged by my employer who advised that I would need an operation which would take sometime on the NHS and them 3 months recovery, and the threat of making a claim against them; the HR Director decided that I should be paid basic pay and they kindly gave me Private Health Insurance. To cut a long story short the operation in April 2013 didn't work. My pay was stopped in May 2013 and I was dismissed for medical incapability in Sept 2013, thus taking away access to my health care! I have had another operation in Feb 2014 through the NHS but this too has failed. My consultant has now advised that no other treatment is advisable and to wait 18-24 months to see how it gets on. This could potentially take my time off work to 4 years (3 unpaid).

I started a no win No Fee claim after they stopped my pay and it has been going for some 14 months. Things are currently held up by the Doctor who assesses for the courts, but it seems he is having difficulty in linking my accident to my medical condition from my records, so am extremely stressed and am awaiting an MR Athrogram at his request!

My solicitor is rather reluctant to give out much information, but I am enquiring as my ex employer has admitted liability what is the likelihood of actually claiming for the suggested extra 2 years on top of the year I have already lost out on? Also if this continues to be a much longer or permanent condition, when or how do you calculate loss of wages etc? Any advice or info much appreciated!

This is a very complex area and requires as assessment of the medical reports. Sorry, but I think you need to be guided by your solicitor who has much more info than us. Why don't they want to give an opinion?

are you asking if it is possible to claim for loss of future earnings? the answer to that is yes, an assessment to the level of disability and the potential lost earnings (balanced against the probability of getting suitable employment and thus some earnings) can be made and a figure arrived at. Your lawyer should be dealing with this and hopefully the silence from them is due to negotiation with employer's lawyers/insurers etc and not wanting to give you a false impression.

This obviously will be the case for the last 2 years, which are easier to asess.

This is a very complex area and requires as assessment of the medical reports. Sorry, but I think you need to be guided by your solicitor who has much more info than us. Why don't they want to give an opinion?

Agreed.

These are important questions for your solicitor, not random people on the internet.