solicitors

[xant14]

How do I find out who solicitors work for?

A brief explanation, almost 2 years ago, there was an incident at work in which I ran over a guys foot with a machine I was driving.
I was employed by a company (now dissolved) who were I imagine fully insured.
I was competent and held the necessary ticket for the machine.

A couple of weeks ago I had a letter from some solicitor, asking me to get in touch, re - the other lad seeking compensation. I think I binned the letter.

2 days ago I got a phone call from this solicitor. And she seemed to take a different stance, in that she said she wants to represent me, and is working for my insurance company and followed up with a letter for me to sign, to allow her to act for me.

I am suspicious though. I cant remember the full ins and outs of the first letter from a couple of weeks ago, but I and the missus read it as if she was representing the injured party.

How can I find out who she is actually representing? Has she got my best interests to hand?

Is there any legal eagle in here that know how these things work? and where I can get information. As I say, my old company is now dissolved, and I have no contacts with the senior management.

[Meat-Head]

M-H would look it like this susspose it was 'your fault' the inident occured
(big machine hard to control, small foot easy to move!).

Susspose some bloke with a wig on decided you owe the guy ?10,000 compensation. Where do you find that money?

OFF TOPIC:

Word on street speed camera, no ticket, 2 weeks, don't worry.

ON TOPIC:

This happened 2 years ago, not 2 weeks ago.
If they contact you again, get in writing from who ever the 2 outcomes
ie, you owe the guy ?xxxx or they guy owes you ?xxxxx
what about commision they are on?


What ever you decided to get, make sure you keep ALL letters
so if any come back, you got 'back up'

OFF TOPIC:
Man sold a car and DVLA sent a letter saying "Thanks for the info, you flogged your shed"

He then got a fine in the post for not telling them he sold his shed
he faxed the original letter they denyed all knowage about and called them coonts, case closed.

ON TOPIC:

ttfn

[Canker_Canison]

As M-H said, keep as much correspondence as you can. It's possible they are looking at coercing you into claiming for mental injuries...but personally I would refuse to deal with them.

If they hit you with any type of legal requirement for you to respond, I'd go & get my own representation.

[xant14]

Thanks for the reply s.
At this stage, I aren't too worried. It;s just something this lady solicitor said that raised my hackles.
A quick read of the letter from a few weeks ago, I and the missus interperated as 'Get in touch with regard to the accident, you were insured so don't worry, it will not cost you anything. reverse phone charges if you want'.... as if she is acting for the injured party.

Now she has foned me,she is wanting me to sign over all legal stuff to her. And that now the injured party want a name to sue, because my company is dissolved and she cannot defend me unless I sign.
She even used false flattery by saying to me 'I very much doubt we will even have to meet, although I am sure it will be a pleasure, for me at least'. ... where do I sign!
But she is saying she is NOT acting for the injured, and is working for my insurance people, but I don't know if I believe her.

If I sought my own legal person, I can see me being out of pocket, although it would be a weight off my mind to find out if this lady is genuine.

[chucklor]

I think you can see most solicitors for a free consultation for about 1 hour but it looks like they have already found out the company you worked for has folded and are now trying a alternative route, dont sign jack shit as it looks like you will then be liable, I dont think there is much they can do if the company has gone under apart from seek compansation from government sources, you worked for a company they were responsible for there employees ...chuck

[Meat-Head]

SToopid question, was the guy badly hurt, or did he just use rude words end of?

More importantly who's 'fault' was it?

You don't want some solicitor emptying your bank account over nothing.

Surely the bloke would have tried claiming off the companys insurance?

[xant14]

He was hurt quite bad, ran over his foot, but they amputated just below the knee. 11 tonne rail machine.
As regard blame, probably three of us partially responsible. Me for operating the machine, the injured for being in an unsafe place, and the machine controller for not making sure the vicinity was clear.

Back to my original question really, is there anyway to find out who is representing who? I am trying to find my ex-employers insurance company out, but so far have drawn a blank.

[patkins]

Xant, a couple of points to remember:Firstly if any company or Solicitor sends you a letter then they keep a copy and as Meat says keep everything. Secondly it would be a conflict of interest for her to represent both parties and certainly in Ireland it is illegal. The company you worked for at the time had a duty of care to you as well as the injured person as indeed he also had a duty of care to himself just as you had a duty of care to yourself. This is natural Health and Safety. This woman, to say the least is trying her best not to meet you and it makes me wonder if it is some kind of scam. Who knows what info anyone can pick up by trawelling through accident reports that might be accessed by the general public. Remember that this is, if it is, being referred to as an accident and as you were properly documented for the job you were doing and both of you were insured by your former employer at the time I dont think that anyone can now make a personal claim against you. I`m not a Surgeon and dont know how bad the foot injury was but I would imagine that the amputation could have being at the ankle. The Main thing Xant is,as already stated, SIGN NOTHING as things can be twisted against you. I`ll be watching out for any progress reports from you and wish you the best of luck. Had the injured person any right or reason to be where he was at the time?

[xant14]

Thanks for the reply Pat. Some good info there.
A number of points,
We both worked for different contracting companies, but were on the same job. So I would imagine different insurance companies.
The foot was crushed as you would imagine, and he was given the option of amputation at the ankle or below the knee as Rehabilitation is easier. He opted for the latter.

A point I would like to make is that no way do I begrudge the fella having a good payout, he deserves it. But from the insurance companies.

The main point of my original questions is to find a way to find who is been represented by who. And if this lady is who she says she is and has my best interests.

[jasbo7]

you seem in doubt m8 about the letter so why not phone the women back up and say you misplaced the letter and could she forward on another...maybe this would give you an opertunity to quiz her about her position.

[Meat-Head]

He was hurt quite bad, ran over his foot, but they amputated just below the knee. 11 tonne rail machine.
As regard blame, probably three of us partially responsible. Me for operating the machine, the injured for being in an unsafe place, and the machine controller for not making sure the vicinity was clear.

Back to my original question really, is there anyway to find out who is representing who? I am trying to find my ex-employers insurance company out, but so far have drawn a blank.

Three people involved you say, and an amputation, does the guy have a leg to stand on .

Ok so the company went bust, try contacting the inland revenue and/or companies house, as it was a 'good' accident try the health and saftey executive.

[barrowmanandrew]

tell the bitch, you were at work at time of accident. you are not allowed to disclose any information without written permission from your employer. forward your employer's last known address. (not your fault if employer is no longer available) and ignore all other communicates except from your previous employer.....

[Meat-Head]

tell the bitch, you were at work at time of accident. you are not allowed to disclose any information without written permission from your employer. forward your employer's last known address. (not your fault if employer is no longer available) and ignore all other communicates except from your previous employer.....

Oh yeah, just to add to the above, not that it is relevent.

If (for a job for a customer of your work) you need to draw a picture
image etc if you draw that image at home after work it is your image
if you draw that image at work, by law it belongs to you.

But you try telling that to the boss of Meat-Head-Motors when he is lining his pockets with information gained by me at night from our friends on Digital-Kaos!

[tshirtman]

under the data protection act you are entitled to know what information others hold about you,
so that's the way I would go, tell the solicitor you want a copy of all the info she has about you, stating your rights under the data protection act 1998

[chroma]

Sign NOTHING!

Feign a vague recollection of events that happened so long ago and suggest she get in contact with your old employer and wash your hands of the entire deal.

Accident reports should all have been filled at the time of the incident and forwarded to the Health and Safety Executive (in accordance with RIDDOR) along with statements from all parties involved. This should have happened no later than 14 days after the accident and its the employers responsibility no the employees.

As an employer, a person who is self-employed, or someone in control of work premises, you have legal duties under RIDDOR that require you to report and record some work-related accidents by the quickest means possible.
You must report:

• deaths;
• major injuries;
• over-3-day injuries ? where an employee or self-employed person is away from work or unable to perform their normal work duties for more than 3 consecutive days;
• injuries to members of the public or people not at work where they are taken from the scene of an accident to hospital;
• some work-related diseases;
• dangerous occurrences ? where something happens that does not result in an injury, but could have done;
• Gas Safe registered gas fitters must also report dangerous gas fittings they find, and gas conveyors/suppliers must report some flammable gas incidents

You must keep a record of any reportable injury, disease or dangerous occurrence. This must include the date and method of reporting; the date, time and place of the event; personal details of those involved; and a brief description of the nature of the event or disease.
You can keep the record in any form you wish. You could, for example, choose to
keep your records by:

• keeping copies of report forms in a file;
• recording the details on a computer;
• using your Accident Book entry;
• maintaining a written log.

If you choose to report the incident by telephone or through this web site, the ICC will send you a copy of the record held within the database. You will be able to request amendments to the record if you feel the report is not fully accurate.

If none of this has been done then its not your fault, just give a forwarding address to the last known whereabouts of your employer and forget all about it.
The only grey area is if your self employed or in charge of the site.