Trist

Our boat yard has another yard on the other side of the Island and there is a guy there who is self employed to run everything in the yard.
he is disabled spineabifida (sp) and with what he does, like launching boats and gerneral maintenance would put alot of abled body people to shame. he can walk for short periods of time but relys heavily on crutches.
He was helping the Engineer putting an engine back into a boat when it slipped and has chopped his thumb at the lowest part.
they have used pins and graphted it back on but it still might not take so would mean full amputation.
If that happen he would not be able to use critches (or make it extemely hard to)
Would he be in his right to sue do to not being supplied with the correct equiptment to do the job. The issue i think is him not being employed to do what he was doing and also being self employed?
any advise.

Less.

Pm

Stu@ Care Claims Centre

sure he be able to help

JTECH James

iTrader: (13)

hope he finds it mate (the thumb)

Jim Galbally

if he's self employed surely he can't sue his employer as its him?

Stu @ Claims Care Centre

iTrader: (1)

Hi mate

I have pm`d you but if there is safety equipment that he should have had and was not supplied OR the wasnt trained doing what he was doing then yes he is entitled to claim, sounds like hes had a bit of bad luck self employed is not a issue if hes working for a contractor/company they still have a responsibilty to keep staff safe. hth

Trist

Yeh he found it it was still attached by a thread of skin. thats what i was unsure of how it would work and if he could do anything where he is self employed?

Stu @ Claims Care Centre

iTrader: (1)

the way you have to look at it for example last week i took 6 claims for a group of brickys (Self employed) who was on scaffold on a site, when part of scaffold fell through causing them to fall down 1 floor, so a claim goes against the site inself then they sue the scaffold company etc etc

Kelv

iTrader: (4)

Stu, are these claims worth putting in mate?

ive had a bit of an issue with a work injury and they dont want to play fair in my opinion.

i burst a lower disc at work and had almost 6 months off work, apart from the fact that im still very delicate and have bad days with the pain, i had to struggle on SSP for 4 months and also lost a hell of a lot of income/overtime - which in my eyes totals to easily over 8k, which as you can imagine put a strain on life for a while.

i just dont want to end up risking my job for getting a few quid back just because the supervisor didnt enter the event into an accident book when i went home sick

fuzzy

im self employed as a subcontractor, if something goes wrong the main contractor is likely to be blamed unless its negligence on my part.

Stu @ Claims Care Centre

iTrader: (1)

They are worth it if your entilted to it, by what you said your well entitled to it. Problem is most people dont want to claim for work injurys becuase they risk losing there jobs (which is fair enough) By law they cant sack you but in a real world we know they could always find some reason.
Accident book aint too much of a issue as you would have medical history to prove you went in hospital/doctors on certain date so they could prove it could have something to do with work.
The way they usually calculate work comp is obviously you will get a certain amount for your injury and how long you will suffer for.

any time off unpaid or partially paid they usally calculate a average wage of about 14k a year for every year of work so you would get about 5k backpay + your como for your injurys.
if the medical expert say you will suffer for rest of your life then you will be looking at big money.
My client got paid out last month for a slipped disc lifting a 40kg rooflight he is 29 years old and cant really do many jobs now.
he got awarded 72k which was his first offer and was advised to not take it and go for the 85-90k he was estimated by solicitor.
Its a hard decision Kelv but remember you have just 2 and half years to put it in and once its gone its gone and could hit you hard later on in life.
hth

Trist

Shit I think I done my back in at my old work place more than 2 and a half years ago..

Cheers for the PM and advice Stu me or my mate will get hold of you when he is out of hospital.

Kelv

iTrader: (4)

i understand how you mean Stu, its a hard decision to make.

and obviously there is a fair wack of medical evidence for my injurys, and aprox 10 witnesses working with me at the time aswell.

my main worry is losing my job after a claim goes thru, after all ive been there just over 18 years now and if the chance of redundacies ever pops up (which it has for a couple of our other depots over the past couple of years) then id be looking to see a hell of alot in a redundancy package as im still honoured under British Rails old terms and conditions from the 90's.

fuzzy

witnesses will suddenly become forgetful for fear of losing their own jobs but yours sounds like a serious case for a claim. losing your job after could leave them open to an unfair dismissal or victimisation case on top of the injury.

Stu @ Claims Care Centre

iTrader: (1)

witnesses wont be a issue tbh its just a bonus. it would leave them open especially so soon after having a claim against them, but it this economy at moment everyone wants to keep jobs