Lost job through accident now having trouble getting support. Help needed please.

[1stlifeline]

My partner had an accident at work over 12 months ago. As a result he has been given 'ill health retirement' as he is no longer able to complete his duties which involved a lot of heavy lifting.

 

He is now out of work for the first time in his life but as he is over 20 years from pension age he still needs to find another job. As a result of the accident he had he is no longer able to do much manual work and has no qualifications or experience in desk work so we know its going to be difficult to obtain employment although hes trying hard.

 

He had union representation at his last work meeting and the rep advised him to contact a soloicitor as he thought he had a case. Its not for dismissal as he obviously couldnt fulfill his duties and they were unable to offer him a different position within the company. But the rep said he should have had a case because he fell during the very bad weather we had last year and he hadnt been provided with snow chains for his shoes. At the time the local council (not his employer) suspended collections as they felt that the weather was too bad to send out thier workers. However my partners company still sent the workers out.

As a result he is now left still in a lot of pain, still undergoing tests and with a very bleak future simply bacause he was following instructions to complete his duty.

 

The union have put him in touch with a solicitor who to be quite honest dosnt seem capable of representing anyone. She sends him letters and copies of things which she says she has recieved from the union when in fact they are things my partner has sent to her. She writes asking him questions to which he has already given her written replies and just seems generally not really bothered.

 

She spoke to him today and said she wasnt sure he had a case as he didnt refuse to go out without snow chains. As he explained to her, if hehad refused to go out without them he would have been laughed at and sent home without pay and then been had for 'failure to complete duty'.

 

The union dont seem interested now he has left the company although he is stil paying his fees because they encouraged him to put in a claim in the first place.

 

Can anyone advise on this please. Should he just accept whats happened or fight this and get a different solicitor. You see these ads on tv saying ' I was given the wrong type of ladder' but in his case this solicitor is more or less saying' you should have refused to go out without snow chains' infering that hes to blame for his own misfortune.

 

The way I see it, if he had not been doing his hjob and following instructions, wearing his standard issue uniform and completeing his duty he would not be in this position now. It dosnt seem fair.

 

Any thoughs please. Thank you

[SarEl]

He needs to go back to the union and say he isn't happy with the way the case is being handled. He has paid for this representation, and if he goes elsewhere, one way or another, it will cost him - union representation is his right.

[jackieandwayne]

I had a bit of a problem getting my Union to shift to start with. I looked them up on the internet, found out who the head honcho was, and then e-mailed him direct. I get on fine with the rep I have now - he's a very frightening "leftie". Point out most strongly that you have and continue to pay subs and you wish to have a service.

 

Don;t let this personal injury claim go though will you? My partner works for a firm who think its ok for men to be up on scaffolding in a gale and wet weather. They are told they will be sacked if they don't do it. Oh, I wish, I wish I wish! Sadly they all need the money this side of Xmas, but after Xmas the HSE will be called by one of them next time there is a bad day.

 

Take the case away from this solicitor perhaps, and even if you have to go to 50 more to find a good one, I believe it will be well worth it for you if you are patient and determined.

 

I hope hubby is going to be ok and that everything goes ok - in the meantime- get him to put the boot in..

[Surfer01]

Any possibility of naming the Union? Our union appointed some slack solictors based in Liverpool and it was only when we requested that the file be transferred to another solicitor that action took place.

[1stlifeline]

Thank you for the replies.

 

One of the main problems really is the union representation. His union is the CWU. All the time he was fighting the retirement he was constantly ringing his union rep. The one who worked in the depot didnt want to get involved. He didnt want to be the union rep in the first place.

 

We ended up ringing the head office in Wimbledon who put him in contact with the main guy for the local district who in turn got him a different rep.

 

We thought that things would get better then. At first he was ok but had to be constantly rung to get a response and really only pulled his finger out at the last work meeting. He seems to think he has done his bit now because it has been passed to the solicitor and dosnt respond to phone messages my partner has left him. We have emailed his local office and asked for a call back stating that we have been unable to get a response from the rep despite making 4 calls over a period of 2 weeks and they have not even had the courtesy to reply to the email.

 

Its just like hitting a brick wall all the time.

[SarEl]

Then go over his head again! You do not want to loose your right to free legal representation.

[1stlifeline]

Bumping to update.

 

My partner has now had an unsucessful operation and has since been told that his condition may be permanent. He is claiming Industrial Injuries Benefit and Employment Support Allowance and has it in writing that he is now considered 20% disabled. He hasa also been toild that due to the type of injury it is extremly unlikely that he wil ever be able to return to work. (Although he refuses to think like that).

 

However we are no further forward with the solicitor. She still dosnt seem to think he has a case as neither the council or his ex employer will admit liability. I dont see why its anything to do with the council anyway.

 

The union are saying they are doing all they can by passing him on to the solicitor. The trouble is that we cant afford to fund this without the union and yet the solicitor they have given us is very negative about his chances. Just out of interest we have rung a couple of those 'no win, no fee' types of the television and they have not wanted to want to take his case.

 

It dosnt seem right though. my partner was injured doing his job and is now left with a possibly permanent disablement and loss of income. I dont understand how his empolyer can not be liable and why the solicitor cant see this.

 

What the employer seem to be saying is that if the weather conditions were so bad my partner should have rung in and told them he was going to have to abandon his round. (In reality he would have been disciplined had he done such a thing). He had worked the previous 2 days in the same conditions and not had a fall so he would have no way of knowing it was going to happen.

 

The solicitor just keeps writing to him asking the same questions again and agian. Why didnt he abandon his round? Why wasnt he wearing snow chains etc? He rang to speak to her and said in a nice way that he didnt feel she was 'fighting for him'. Her reply was that she was behind him, that she could only follow procedure and that he was free to use another solicitor if he was not happy with her.

 

What else can we do? any suggestions gratefully recieved!

[honeybee13]

Hello there. This is quite a long thread and I haven't re-read all of it, sorry. Have you spoken to CAB at all? I know they have solicitor contacts they may be able to put you in touch with. The union and lawyer sound very disppointing.

 

Do you have legal cover with your household policy by any chance? Again, apologies if this has already been covered.

 

My best, HB

[elpulpo]

I'd suggest going to see a reputable local firm of solicitors, that specialises in PI cases. Shop around, and chose one that you personally feel comfortable dealing with. I think a good interpersonal relationship is as important as anything. If OH has a case, this shouldn't cost you a penny.

Local law firms are to be prefered to these, ' Had an accident whilst filming an accident compensation commercial? You may be entitled to compensation.' guys, IMO.