KimberleyAnn Posted October 3, 2007 Share Posted October 3, 2007 Hey all, My step dad had a serious accident in London on the 17th September, this year. He is a construction worker, and a crane cable carrying a lot of metal snapped, and he was directly below. He was lifted to hospital via air ambulance and the site was shut down whilst police and health and safety investigated. He is still in Hospital in London in a stable but critical state. Injuries so far are: Internal bleeding, but that has stopped now, this was very serious, as they thought he may not pull through because of it. Extensive damage to the right arm may have to be removed if plastic surgery doesn’t take. Right leg very damaged, plastic surgery needed. Left leg very damaged, plastic surgery needed. Right side of the face, plastic surgery needed. Lungs collapsed, he was on a life support and ventailor, and he is now on a ventailor and oxygen. Pelvis has a lot of damage, it pierced the bladder, meaning he now has a bag. Of course there are a lot of other things as well. The doctors have said that he will be in hospital for 8 months min providing everything remains stable. He has already had hours of surgery, and is in alot of pain, and won't be able to work again. My step dad has been in the industry for 25 years, he worked for his previous company for 20 years, and then 3 weeks before this accident, started at the new company. So he was only there 3 weeks, and now this has happened. He had no health and safety training or induction at the new site, because they presumed he knew it all already, considering he had worked for his previous company for 20 years. We are obviously making a claim, in which my mum has put me in charge of. I dont really know what steps to take. We do have legal expenses insurance under our house hold insurance so we are covered financially, when we choose a solicitor. I was just wondering if anyone has gone through anything similar. Or can give me any advice on what to expect, or what steps to take? Thanks:( Link to comment Share on other sites More sharing options...
Alex Posted October 3, 2007 Share Posted October 3, 2007 Most solicitors have a free consultation. Look in your local Yellow pages and ppick a couple of reputable firms that offer such a thing. A real solicitor will explain if A) you have a case and B) how you go about taking them to court....I believe you will only be billed at the end, and if you win - the company you're sueing will have to pay your costs. Link to comment Share on other sites More sharing options...
Mrs H Posted October 3, 2007 Share Posted October 3, 2007 Go for a couple of free initial consultations with solicitors who specialise in these sorts of claims so you are comfortable with you choice. No health and safety training!!!! I would think his employers are shi**ing themselves. Vicki x Link to comment Share on other sites More sharing options...
hoff Posted October 3, 2007 Share Posted October 3, 2007 My God. Im sorry to here that Kimberley-Ann. I hope he has a good recovvery. I work for an architect and have been to a few health and safety seminars. I dont know a great deal about the leagal side sorry but someone is in serious trouble, as they should be. I would contact the health and safety officer in charge of the investigation. He will be able to give you some good info as well as finding who is at fault. I imagine it would be the company responsible for the craine hire as they should have checked its safety. Sorr I couldn't be of anymore help. But... You have a case and someone is looking at prision (seriously). Link to comment Share on other sites More sharing options...
T2 MSW Posted October 3, 2007 Share Posted October 3, 2007 Sorry to here this, isnt it amazing how many firms forget about the health and saftey aspects when people start. Lifting heavy servers most weeks and both companies I have worked for have never bothered with health and saftey or manual lifting issues! Bet there are loads of people out there that don't get put through health and safety training. Link to comment Share on other sites More sharing options...
KimberleyAnn Posted October 3, 2007 Author Share Posted October 3, 2007 Thanks guys and girls. I have phoned a few companies and they are going to come to the hospital and have the consultation there, as there as alot of injuries and the doctors can give more info than i can, and me and my mum will both be there, as she hasn't left the hospital yet. I just feel so sorry for him because his brain is ok, but his body isn't and he is such an active guy, i am worried about how he will feel in time. The new employers atcually wanted to go and see my mum, and i think they were going to try and settle this with an amount. My brother in law went up to be with my mum, and 15 minutes before they were going to come, they bottled out.....I know money isnt going to help his injuries but my mum looks after my nephew full time, so that was the only money they had coming in, and now obviously neither of them are working. Horrible things always happen to good people, its not fair. Link to comment Share on other sites More sharing options...
marbleapple Posted October 3, 2007 Share Posted October 3, 2007 Irwin Mitchell are one the of leading firms in this field. They can be contacted on 0870 1500100... they have a number of offices throughout the UK. Link to comment Share on other sites More sharing options...
Guest Garfy Posted October 3, 2007 Share Posted October 3, 2007 regardless of how many years he has been in the trade, he should have had a site induction, that should be done on any site, having said that, it really wouldn't have made any difference to what has happened by the sounds of it, unless of course he was somewhere he shouldn't have been, also has the health and safety executive been informed, because they will investigate it for you. Link to comment Share on other sites More sharing options...
jim_supra Posted October 3, 2007 Share Posted October 3, 2007 Terrible to hear Kimberley. I'm sure he will be better in no time. As said above get in touch with a specialist, but from the sounds of it the company he works for has not followed even basic H&S procedure. It also sounds like the crane company will have some responsibility, as it was their lifting equipment that failed. Link to comment Share on other sites More sharing options...
KimberleyAnn Posted October 3, 2007 Author Share Posted October 3, 2007 regardless of how many years he has been in the trade, he should have had a site induction, that should be done on any site, having said that, it really wouldn't have made any difference to what has happened by the sounds of it, unless of course he was somewhere he shouldn't have been, also has the health and safety executive been informed, because they will investigate it for you. The health and safety were called when the accident happened along with the police. They are going to contact me tomorrow with the full details as they have been investigating Link to comment Share on other sites More sharing options...
Guest Garfy Posted October 3, 2007 Share Posted October 3, 2007 The health and safety were called when the accident happened along with the police. They are going to contact me tomorrow with the full details as they have been investigating thats good news, if the company have done anything wrong (which it certainly sounds like they have) then they will come down hard on them. I hope you manage to get a satisfactory outcome from this, good luck, and I hope he pulls through. Link to comment Share on other sites More sharing options...
KimberleyAnn Posted October 3, 2007 Author Share Posted October 3, 2007 thanks Link to comment Share on other sites More sharing options...
Gaz Walker Posted October 3, 2007 Share Posted October 3, 2007 Sorry to hear this Kimberley. Nothing else to add but hope they throw the book at them. Someone has made a serious error and it needs to be put right. Regards, Gaz. Link to comment Share on other sites More sharing options...
Chiefgroover Posted October 3, 2007 Share Posted October 3, 2007 Tip - always use a solicitor who's office is very close to you. When you need info they never phone back, so you can walk in a demand info. Link to comment Share on other sites More sharing options...
marbleapple Posted October 3, 2007 Share Posted October 3, 2007 thats good news, if the company have done anything wrong (which it certainly sounds like they have) then they will come down hard on them. An unlimited fine according to the HWSA Link to comment Share on other sites More sharing options...
RobSoarerTT Posted October 3, 2007 Share Posted October 3, 2007 First off sorry to hear about your dad. I'm in the construction industry, I'm a Qunaity Surveyor. I can tell you right now you have won the case already with the cival claim. Two types of battles here: The criminal side, the one the HSE will persue. The Civil side, the one you will persue. I wouldn't be suprised if the Site manager, and the director go to jail for this, combined with a massive fine for the company, from the HSE. Your dad should not have been anywhere near the building site without an induction to the site. The fact they assumed he knew it all is meaningless, they have to ensure anyone on the site is properly inducted before carrying out any works. The HSE will decide if they are going to prosecute. This has no reflection on your claim though so don't worry, if they for some deluded reason decide not to prosecute, you can still claim. I'm pretty sure the HSE will find the company in the wrong which only strengthens your civil claim. As others have said get a local solicitor and let them go through it all with you, and NEVER go for a solicitor who trys to deduct fees from your payout, payouts are exclusive of claims. IE they claim their costs on top of the payout you are awarded. I know it's no substitute but I'm pretty sure your dad will recieve a massive pay out, although I fully understand this will not make up for the long term injuries he has suffered as a result. Link to comment Share on other sites More sharing options...
colsoop Posted October 3, 2007 Share Posted October 3, 2007 Having had a legal battle of my own i would say to you make sure you find a good solicitor with experience in your area (construction) he has clearly had major injuries and will require extensive care i imagine. It can take a long time to get a case settled mine took 3 years but they fought tooth and nail to stall it as long as they could. If any of the construction companies team come and see you tell them to speak to your solicitor as anything you say now could be used against you. Be very careful and good luck. and i hope your father gets better. Mention at the start you have insurance, but if it goes to court be aware that it can cost serious amounts of money (£180 k) Link to comment Share on other sites More sharing options...
lexsum Posted October 3, 2007 Share Posted October 3, 2007 as an ex-solicitor i say go to a good solicitor asap. be careful with no win no fee companies as they are not always solicitors but rather claim handlers. also their fees in a case can eat into the agreed award if any. so no fee if no win but BIG fee if win. this is going to be a big claim and you should be getting a solicitor who will probably bring in a barrister to be involved when it comes to court or negotiating settlement. the expenses of your solicitors are normally included in a settlement but this is where you must be careful to ensure this happens. good luck and keep a record of the amount ot time you and your family now give up to looking after the old boy. (sad thing to have to do but it will help your case - trust me) Link to comment Share on other sites More sharing options...
KimberleyAnn Posted October 4, 2007 Author Share Posted October 4, 2007 Howlett Clarke in Brighton have written to me, i was told to contract them through the health and safety and a law telephone number i was given by the hospital, anyone know if there any good? i am completly clue less at this, obviously i didnt think i would ever have to do it! Link to comment Share on other sites More sharing options...
marbleapple Posted October 4, 2007 Share Posted October 4, 2007 Howlett Clarke in Brighton have written to me, i was told to contract them through the health and safety and a law telephone number i was given by the hospital, anyone know if there any good? i am completly clue less at this, obviously i didnt think i would ever have to do it! Never heard of them. Link to comment Share on other sites More sharing options...
Sean1933 Posted October 10, 2007 Share Posted October 10, 2007 Just read this Kim, im so sorry to hear about your dad. I deal with serious injury claims as a profession, even though the ones i deal with are RTA related and not employers liability...however injury claims are pretty much the same regardless of the cause. PM sent. Link to comment Share on other sites More sharing options...
gambie Posted October 10, 2007 Share Posted October 10, 2007 i hope you get on alright i had a claim against a construction company i won a lot of money but it took 3and a half years Link to comment Share on other sites More sharing options...
vvteye Posted October 10, 2007 Share Posted October 10, 2007 Sorry to hear that terrible news kimberley. Not sure the docs will be able to tell the solicitor much verbally. They usually do an extensive court report and have to attend the hearing to explain it all. All thebest though for you and your mum at times like this. Goes without saying that we are routing for your dad! Link to comment Share on other sites More sharing options...
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