foxnet22 Posted November 23, 2011 Report Share Posted November 23, 2011 hi members hope someone can give me a bit advise on how they would approach this matter:some months ago now i was struck by a works vehicle as a result ended up on the sick for a while due to back injury.meanwhile i got laid off by the company as did a few other lads.so i got contacted by a claims solicitor who took on my case.thing is the company are now saying that it was i who stepped into the vehicle.considering we are all taught the greencross code from being young and i have lantra awards etc to prove i am qualified in the job and health and safety side of things .its looking to be the drivers, who was a work mate word against mine.i have pics of the injury on my back also physio reports that i am still attending the sessions.how would you be dealing with this.thanks for any info. Quote Link to comment Share on other sites More sharing options...
CZ550Kevlar Posted November 23, 2011 Report Share Posted November 23, 2011 Surely your claim solicitor will give you the best advice? Quote Link to comment Share on other sites More sharing options...
silpig5 Posted November 23, 2011 Report Share Posted November 23, 2011 mungler is the man , but where you on a walk way or wharehouse floor in general would be the first question . Quote Link to comment Share on other sites More sharing options...
Gordon R Posted November 23, 2011 Report Share Posted November 23, 2011 Was it recorded in the company's accident book? Quote Link to comment Share on other sites More sharing options...
foxnet22 Posted November 23, 2011 Author Report Share Posted November 23, 2011 mungler is the man , but where you on a walk way or wharehouse floor in general would be the first question . it happenend on a road that we had closed at the time i worked in motorway maintanace sorry should have stated this.i was installing a sign and they are saying now i walked into works vehicle. Quote Link to comment Share on other sites More sharing options...
silpig5 Posted November 23, 2011 Report Share Posted November 23, 2011 defo one for a brief , but im assuming full ppi and day or night ? any other witness ? did it drive over you or know you over . it seams a uphill strugle , sorry Quote Link to comment Share on other sites More sharing options...
foxnet22 Posted November 23, 2011 Author Report Share Posted November 23, 2011 Was it recorded in the company's accident book? yes i recorded my side of events in the book but suspect other party involved did not do this at time. Quote Link to comment Share on other sites More sharing options...
silpig5 Posted November 23, 2011 Report Share Posted November 23, 2011 now being on the highways , surelly this was down as a near miss or as a collision and would have been looked at in depth ? i know even near misses for me are looked at with a microscope . sorry to sound negative , was the vechilce moving ? Quote Link to comment Share on other sites More sharing options...
lucas Posted November 23, 2011 Report Share Posted November 23, 2011 Was you wearing your strobe light on top of your helmet? was you wearing your glow in the dark tights? these are all questions they will ask if you take it to small claims court. And dont forget to say: he was doing 100mph, doghnuts, wheelies and was drinking from a bottle of black label. In all seriousness tho you will be asked about ppe high vis etc. on my site they make us wear high vis in the middle of the day, also we are not required to wear them in certain areas what could be classed as trucking routes :s Quote Link to comment Share on other sites More sharing options...
foxnet22 Posted November 23, 2011 Author Report Share Posted November 23, 2011 now being on the highways , surelly this was down as a near miss or as a collision and would have been looked at in depth ? i know even near misses for me are looked at with a microscope . sorry to sound negative , was the vechilce moving ? correct mate bt i heard nothing about an investigation or simalar.would have thought someone would have contacted me on the matter you mention.begining to think maybe company coverd incident up maybe i should get hse involved at a later date.yeah silpig vehicle was moving. Quote Link to comment Share on other sites More sharing options...
silpig5 Posted November 23, 2011 Report Share Posted November 23, 2011 correct mate bt i heard nothing about an investigation or simalar.would have thought someone would have contacted me on the matter you mention.begining to think maybe company coverd incident up maybe i should get hse involved at a later date.yeah silpig vehicle was moving. well dont know what firm you are with , but lafarge , maygurney,cemex,trell and all minor quarrys in norfolk any pedestrian colision with a MOVING vehicle is down as a major accident . it should be recorded in the first instance and investigated thoughrly , its also the drivers/banksman fault if there is no laid out walk way . are your passports up to date ect ? Quote Link to comment Share on other sites More sharing options...
foxnet22 Posted November 23, 2011 Author Report Share Posted November 23, 2011 well dont know what firm you are with , but lafarge , maygurney,cemex,trell and all minor quarrys in norfolk any pedestrian colision with a MOVING vehicle is down as a major accident . it should be recorded in the first instance and investigated thoughrly , its also the drivers/banksman fault if there is no laid out walk way . are your passports up to date ect ? haha passport just expired mate .incedent happend on a A -road that we had previously had closed to the public. Quote Link to comment Share on other sites More sharing options...
Mrs Sweepy Posted November 23, 2011 Report Share Posted November 23, 2011 I thought all roadworks had to have a banksman now ? xxxxsuzy Quote Link to comment Share on other sites More sharing options...
foxnet22 Posted November 23, 2011 Author Report Share Posted November 23, 2011 I thought all roadworks had to have a banksman now ? xxxxsuzy normally suzy ,bit i was installing traffic management ie signs cones etc. Quote Link to comment Share on other sites More sharing options...
Kes Posted November 23, 2011 Report Share Posted November 23, 2011 (edited) The first step in any claim is for those you claim agianst to deny liability. Put together your truthful version of events and have your solicotor give it the once over for liability - I am sure they will accpet liability in the end you just have to be in the right and keep going forward. If you know you are wrong then give up. Somehow I think you know you are right and the way the issue was recorded is critical so put that in your version of events - this will eventually become your witness statement. Was there a risk assessmnet for this type of incident - there should have been - if not your old employer may be looking at a fine from the HSE. They always try and frighten you off first - dont fall for it. Edited November 23, 2011 by Kes Quote Link to comment Share on other sites More sharing options...
foxnet22 Posted November 23, 2011 Author Report Share Posted November 23, 2011 (edited) The first step in any claim is for those you claim agianst to deny liability. Put together your truthful version of events and have your solicotor give it the once over for liability - I am sure they will accpet liability in the end you just have to be in the right and keep going forward. If you know you are wrong then give up. Somehow I think you know you are right and the way the issue was recorded is critical so put that in your version of events - this will eventually become your witness statement. Was there a risk assessmnet for this type of incident - there should have been - if not your old employer may be looking at a fine from the HSE. They always try and frighten you off first - dont fall for it. thanks kes great advice.normally on other jobs the foreman goes through risk assesment in this case it did not happen so thats one thing ive got going for me.it was a case of turn up and get job on quick as mate Edited November 23, 2011 by foxnet22 Quote Link to comment Share on other sites More sharing options...
JR1960 Posted November 23, 2011 Report Share Posted November 23, 2011 The first step in any claim is for those you claim agianst to deny liability. Put together your truthful version of events and have your solicotor give it the once over for liability - I am sure they will accpet liability in the end you just have to be in the right and keep going forward. If you know you are wrong then give up. Somehow I think you know you are right and the way the issue was recorded is critical so put that in your version of events - this will eventually become your witness statement. Was there a risk assessmnet for this type of incident - there should have been - if not your old employer may be looking at a fine from the HSE. They always try and frighten you off first - dont fall for it. Sound advice - just press on with it. They've laid you off anyway, what have you got to lose? With what you say about flouting risk assessment etc i'm surprised they haven't just paid up rather than risk a full HSE investigation, during which they're going to fall flat on their **** by the sound of things. Quote Link to comment Share on other sites More sharing options...
Mrs Sweepy Posted November 23, 2011 Report Share Posted November 23, 2011 (edited) normally suzy ,bit i was installing traffic management ie signs cones etc. I thought so,I know you can't sneeze now what without a banksman being there So your a cone man now If your the traffic light man. I know all about the radio though to the other end when the girls in short dresses go by xxxxxSuzy You ever worked Essex/Suffolk or even Norffolk Edited November 23, 2011 by Mrs Sweepy Quote Link to comment Share on other sites More sharing options...
foxnet22 Posted November 23, 2011 Author Report Share Posted November 23, 2011 (edited) I thought so,I know you can't sneeze now what without a banksman being there So your a cone man now If your the traffic light man. I know all about the radio though to the other end when the girls in short dresses go by xxxxxSuzy You ever worked Essex/Suffolk or even Norffolk my son working essex area at moment canvey island area.and yeah done the traffic light /convoys bit haha Edited November 23, 2011 by foxnet22 Quote Link to comment Share on other sites More sharing options...
Muggins. Posted November 23, 2011 Report Share Posted November 23, 2011 normally suzy ,bit i was installing traffic management ie signs cones etc. Can i ask who you work for? pm me if prefered. I thought so,I know you can't sneeze now what without a banksman being there So your a cone man now If your the traffic light man. I know all about the radio though to the other end when the girls in short dresses go by xxxxxSuzy You ever worked Essex/Suffolk or even Norffolk Do you walk through roadworks often then Mrs Sweepy?? Quote Link to comment Share on other sites More sharing options...
foxnet22 Posted November 23, 2011 Author Report Share Posted November 23, 2011 Can i ask who you work for? pm me if prefered. Do you walk through roadworks often then Mrs Sweepy?? PM SENT MUGGINS Quote Link to comment Share on other sites More sharing options...
Vince Green Posted November 23, 2011 Report Share Posted November 23, 2011 (edited) Its pretty much standard practice to deny liability no matter what the circumstances first off Their job is to protect their interests not seek the truth. Then begins a game of ping pong with a few letters going back and forwards. Your solicitors standard procecdure at this point should be to start proceedings against them. This starts raising the stakes against them financially as it is now racking up costs that will in all probability be many times higher than the actual claim for damages. At this stage they will most likely cut their losses before it goes to court and incurrs more costs by paying you out. Its like a game of chicken. Who can face down whom first. But it does depend on the strength of your case Edited November 23, 2011 by Vince Green Quote Link to comment Share on other sites More sharing options...
spanj Posted November 23, 2011 Report Share Posted November 23, 2011 hi members hope someone can give me a bit advise on how they would approach this matter:some months ago now i was struck by a works vehicle as a result ended up on the sick for a while due to back injury.meanwhile i got laid off by the company as did a few other lads.so i got contacted by a claims solicitor who took on my case.thing is the company are now saying that it was i who stepped into the vehicle.considering we are all taught the greencross code from being young and i have lantra awards etc to prove i am qualified in the job and health and safety side of things .its looking to be the drivers, who was a work mate word against mine.i have pics of the injury on my back also physio reports that i am still attending the sessions.how would you be dealing with this.thanks for any info. I'd gues the accident book entry that you (should have) made at the time will kick this off Quote Link to comment Share on other sites More sharing options...
foxnet22 Posted November 23, 2011 Author Report Share Posted November 23, 2011 thanks to all so far some good advice given ,thats whats so good about this forum ,a lot of good members with advice to share and not only on shooting. once again thank you lads...and lasses. Quote Link to comment Share on other sites More sharing options...
Muggins. Posted November 23, 2011 Report Share Posted November 23, 2011 They can`t lay you off whilst under the doctor can they?????// Quote Link to comment Share on other sites More sharing options...
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