Claiming on Ex employers 'Employers Liability Insurance'

[Shelley181146]

Last year I was involved in two accident type incidents at a place of employment (Temporary worker)

Background:

I had trained for 12 months to become HGV Driver and decided to start with 7.5tonne truck to gain experience, trainer said I was excellent driver but due to the insurance premiums companies require 2 years driving experience, hence starting out on 7.5 tonne. I was working via temp agency and the company provided temp drivers with their older trucks and the permanent staff had the new trucks.

 

1) As I was provided with a company mobile phone I do not have access to exact times of the phone calls, but I do know exact dates, I was provided with a truck for refrigerated deliveries and whilst on a delivery, the side door slammed shut due to gale winds. The truck has two doors on the refrigerated unit (rear and side) but the emergency poppers to exit the unit were both inoperable, and I was trapped. You may not know but the refrigerated units are lead lined and not always possible to get phone signal - thankfully, eventually I managed to get to speak to manager at depot who raised the alarm and staff at the outlet opened the door from the outside.

The manager had me continue a few more drops and then take truck to a HGV MOT station and return to the yard in a van - Although the truck was due an MOT, nothing had been advised prior to leaving the yard earlier that morning, so I suspect they were going to get door poppers investigated.

Upon returning to the yard, the manager said no accident had occurred and no requirement to complete accident report form - naively I didn't challenge him!

I did liaise with the agency to explain what had happened after the events, so they will have a record of telephone conversations - can I request those via SAR request process? Would I be able to get access to the delivery drops I did that day via SAR request?

 

I do have photographs of the door poppers and news/weather reports for the day in question

 

2) The next day I was provided another truck and whilst delivering goods from the rear doors I slipped out/off the rear steps and dropped heavily to the roadside and fractured wrist, and various body bruises - taken to hospital via ambulance as the fall had 'winded me' and I was unable to get up - 2 members of the public assisted but I don't have detail - the shopkeeper has provided his name and telephone number

 

I had physiotherapy and I have experienced flashbacks which I have spoken to my GP about and he thinks I maybe suffering PTSD 

 

Question: How difficult/complex would it be to deal with the claim myself, rather than solicitors 'NO WIN NO FEE' and taking 25%

What will I need to do? How do I start the process? Is the outcome likely to be different?

 

 

[honeybee13]

Hi.

 

I'm not a legal expert and others may disagree but I would say that to take on a case like this on your own would be very difficult.

 

Have you spoken to NWNF lawyers about your case? They should talk to you for free for an initial fact find on the phone or in person and then you can get an idea about whether you have a case.

 

HB

[Shelley181146]

3 minutes ago, honeybee13 said:

 

Have you spoken to NWNF lawyers about your case? They should talk to you for free for an initial fact find on the phone or in person and then you can get an idea about whether you have a case.

 

Hi HB, who is NWNF lawyers please?

 

[honeybee13]

Hi.

 

This case may or may not help. I know it isn't an employment case but it's about an injury. The OP and her mum ended up going to a lawyer. There are all sorts of issues involved including getting independent medical assessors and/or dealing with insurance companies.

 

HB

 

[honeybee13]

To answer your query higher up, NWNF is no win, no fee.

 

HB

[BazzaS]

2nd incident,  was the employer negligent, so that their wrongful (non-deliberate) act caused or contributed to the injury, or was it an accident that was just bad luck?.

 

1st incident: what loss or damage did you suffer?.

 

Edited January 27, 2020 by BazzaS

[Shelley181146]

1 hour ago, honeybee13 said:

To answer your query higher up, NWNF is no win, no fee.

 

HB

I have spoken to NWNF organisation but they were so half soaked on the telephone, lacked confidence in their ability to process accurate details, when they couldn't even record the basic info correctly - plus I don't agree with them having their costs paid as well as the 25% successful claim fee {(

[Shelley181146]

5 minutes ago, BazzaS said:

2nd incident,  was the employer negligent, so that their wrongful (non-deliberate) act caused on contributed to the injury, or was it an accident that was just bad luck?.

 

1st incident: what loss or damage did you suffer?.

 

2nd incident - the vehicle was not fitted (missing) straps on rear doors for driver to hold on to when vacating the vehicle from the rear door - isn't that negligent?

 

1st incident - loss or damage? it was hell trapped in their vehicle, do I need to have loss or damage to make claim being trapped in defective vehicle?

 

Neither incident was bad luck - if vehicles were correctly maintained neither would have happened!

 

[unclebulgaria67]

You don't appear to have the evidence required at the moment. So be patient and collect as much evidence as you can get hold of.  Do you have photos, witness statements, accident report copies, training records, vehicle operating manuals, company instruction manual, company health & safety policies, risk assessments etc. Everything related to the incidents, vehicle safety, employee health & safety standards.  A lot of information is required, before you start looking at litigation. 

 

Find out the companies Insurers details and register with them details of the potential claim you are looking to make.  This is just so they have a record of the incident where you were injured.

 

Trade Union membership ?

 

 

[Shelley181146]

How do you suggest I access those records, I was only there a week? As for training, I was drivers mate for 2 days.

No trade union membership

[unclebulgaria67]

If you have insufficient evidence to support the claim, it is very difficult.

 

No point going to any Personal Injury Solicitors, as they are going to ask you questions to determine how easy it is to win compensation and for them to earn money. 

 

Given lack of evidence and that you are unlikely to receive help from those who just seek to earn from the incidents, I can only suggest that you write to the HR Director/Manager to make a complaint. Do not say anything about looking to take them to Court for personal injury.  Stick to the facts about what happened and the way it was dealt with.  Ask for copies of the incident/accident report forms that should have been completed by the line manager responsible.