solicitors

[pantomime horse]

just to add my tuppence worth.

you have a set time to make an industrial injuries claim.
think its 2 years.
so thats the relevance of the time scale
to me it sounds like the other injured party,( I say other because I am sure you have trouble sleeping with nightmares and flash backs to the incident), has contacted one of the firms that advertise on the Tele. ie no win no fee etc.
if you are in a union or if you were at the time of the incident , then contact your main union office. the union picks up most of the tab for their lawyers.
I know the lawyers for the gmb in glasgow and edinburgh are digby brown. used them in my own case
good luck m8

[xant14]

just to add my tuppence worth.

you have a set time to make an industrial injuries claim.
think its 2 years.
so thats the relevance of the time scale
to me it sounds like the other injured party,( I say other because I am sure you have trouble sleeping with nightmares and flash backs to the incident), has contacted one of the firms that advertise on the Tele. ie no win no fee etc.
if you are in a union or if you were at the time of the incident , then contact your main union office. the union picks up most of the tab for their lawyers.
I know the lawyers for the gmb in glasgow and edinburgh are digby brown. used them in my own case
good luck m8

Thanks for the reply, It is 2 years in August coming up.
I was in no union so that avenue is out. I will be going to the CAB today. And failing that, I will be going to consult my own solicitor, probably on the CAB's recommendation.

[xant14]

Sign NOTHING!


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.

I was not in a self employed status chroma, I was employed.
Although there was dodgy goings on going on with my firm. With name changes, unpaid bills etc... which led to the demise of the company.
I don't know the full ins and outs of why my company disolved, but feel sure it wasn't related to my case. I would imagine they had a liability insurance.. if I could only find out who covered them, perhaps the CAB will be able to help out.

[pantomime horse]

just remember that as long as you were doing your job correctly ie you were not at fault here , then you may also have a claim against your companies insurance for the accident for stress, nightmares, flashbacks etc.
also i think that the company who owned the area where you worked may be liable too as it was on their property.
good luck anyway and think long and hard before you admit to any failing on your part.
if in any doubt say nothing or ask for time to deliberate.

[Canker_Canison]

Just to make a correction, it's 3 years to claim... If it happened to someone under 18 it's 3 years after they turn 18. Just to confuse things more... If it's a medical condition through work, i.e vibration white finger, it's 3 years from diagnosis of the condition. I used to work in personal injury claims. Really enjoyed it until the company went under.

[dctyper]

if you were insured at work by the company, the insurance company will have a legal team, you may be called as a witness, you personally are not liable, if you were you are/were insured.

dc

[cloudnineuk54]

and if the company has gone,and they cannot find there insurers i think ~~~~ all can be done,as what happens in a lot of claims for industrial diseases.as happened to me. a terminal illness and no ~~~~ing chance of compo,for that very reason

[xant14]

I think this is getting deeper, and thru use of words can change what is being said so much.
Went to the CAB, and while he wasn't a trained solicitor he delved some interesting stuff.
The company I worked for are no longer available and are no longer on a company register, so they are aiming to sue me.
A phone call from CAB to a solicitor revealed that by signing I would be sort of inviting them to sue me. And if I don't then it is only my company that they can sue, who would need to be put back on the companies register


The letter reads like this
Dear Rob
Parties : Mr X (injured man) v My old Rail company LTD & Others
date of incident: 30th August 2008

Thank you very much for discussing this matter with me today

I do apologise for troubling you and would not have had to do so but for the fact that My Old Rail has ceased trading and is no longer on the Companies House Register. As a result Mr X's solicitors want to sue you as the employee of the Company whom they blame for the accident. I would prefer to avoid the need for them to serve proceedings on you, and wish to ask them to correspond with me instead, on the basis that you are covered by MY OLD RAILS insurance.
However I can only do so if I have your authority to represent you in this matter. In the circumstances I shall be grateful if you please return one copy of this letter having signed the confirmation below.

I would hope that this would be the end of your involvement in the matter, unless you wish to be kept informed thereafter, and that I would need not to trouble you again

Yours sincerely

I ROB hereby confirm that I authorise mrs Y to represent me in proceedings issued by Mr X arising out of the above accident, and to accept service proceedings on my behalf.
signed: ...............


No where on there does she say she is working on behalf of my insurers, doesn't even mention them.
she says also "I would prefer to avoid the need for them to serve proceedings on you, and wish to ask them to correspond with me instead" .. two different things?

Maybe I am just a paranoid skeptic.

I found the first letter too, again no mention of my insurance company.

[barrowmanandrew]

I think this is getting deeper, and thru use of words can change what is being said so much.
Went to the CAB, and while he wasn't a trained solicitor he delved some interesting stuff.
The company I worked for are no longer available and are no longer on a company register, so they are aiming to sue me.
A phone call from CAB to a solicitor revealed that by signing I would be sort of inviting them to sue me. And if I don't then it is only my company that they can sue, who would need to be put back on the companies register


The letter reads like this
Dear Rob
Parties : Mr X (injured man) v My old Rail company LTD & Others
date of incident: 30th August 2008

Thank you very much for discussing this matter with me today

I do apologise for troubling you and would not have had to do so but for the fact that My Old Rail has ceased trading and is no longer on the Companies House Register. As a result Mr X's solicitors want to sue you as the employee of the Company whom they blame for the accident. I would prefer to avoid the need for them to serve proceedings on you, and wish to ask them to correspond with me instead, on the basis that you are covered by MY OLD RAILS insurance.
However I can only do so if I have your authority to represent you in this matter. In the circumstances I shall be grateful if you please return one copy of this letter having signed the confirmation below.

I would hope that this would be the end of your involvement in the matter, unless you wish to be kept informed thereafter, and that I would need not to trouble you again

Yours sincerely

I ROB hereby confirm that I authorise mrs Y to represent me in proceedings issued by Mr X arising out of the above accident, and to accept service proceedings on my behalf.
signed: ...............


No where on there does she say she is working on behalf of my insurers, doesn't even mention them.
she says also "I would prefer to avoid the need for them to serve proceedings on you, and wish to ask them to correspond with me instead" .. two different things?

Maybe I am just a paranoid skeptic.

I found the first letter too, again no mention of my insurance company.

m8, ~~~~ that that right in the bin, thats got "scam" written all over it.

[Dreamer]

Parties : Mr X (injured man) v My old Rail company LTD & Others

I found that part quite interesting. Who do you suppose the others are?? solicitors are very thorough normally and to just put "others" is rather wierd.
Don't sign anything!!
If you get more letters and you can get legal aid then take them up to your local solictor. If you do not qualify for legal aid then take them to CAB. I think the first consultation with a solicitor is free but you would be best to check on that

[xant14]

First letter reads like this

Dear Rob
Accident at Nuneaton involving Mr X
Date of Incident 30 August 2008

We are instructed to act in relation to the above accident which occurred whilst you were working for MY OLD RAIL COMPANY. M.O.R.C. were insured so there is no question of any cost to you.

We understand that you may be able to assist us with our enquiries into this case.

I shall be very grateful if you will please telephone me on direct dial number below. Please feel free to reverse charges

Yours sincerely

Mrs Y

Again, no mention of acting for my insurers, or even for my company..

I read this as she is acting in Mr X's favour.

On the phone call that happened last thursday, she said she is NOT acting for Mr X.
And no record of her saying this conveniently, just in my earhole.


I wasn't too worried by all this before, but it is starting to bother me now.

[cloudnineuk54]

well first letter to me sounds like they are sueing the insurance company,of morc who no longer exist,but the insurance company does,if you testify to say you was at fault,they win,but the insurance company of morc pays out,,not you

[barrowmanandrew]

mmm... could this be whats going on here??? mr x's legal team are having no luck in tracing anyone from your old company. Are trying to get compensation from old companies insurers, by you admitting liability for the accident. the "lady" in your second letter is trying to get permission from you to act on your behalf. if she has this , then when mr x (injured party) takes you to court, then your ladyfriend can say you accept all liability accident was 100 per cent your fault, then the insurers will pay out...

[xant14]

well first letter to me sounds like they are sueing the insurance company,of morc who no longer exist,but the insurance company does,if you testify to say you was at fault,they win,but the insurance company of morc pays out,,not you

I sort of agree, but the cab phoned a solicitor, and she said that by signing, I am inviting them to sue me, which they can do IF I invite them. I know it doesn't sound that way on the letter.. but thats what cabs solicitor said..

If I knew Mr X was just gonna get insurance's money, no prob.. but to admit liability myself, and run the risk of losing my house say thru a small error like inviting them to sue me, then no. I will box clever.

[cloudnineuk54]

yup so get your counter claim in for your stress,nightmares,depression etc etc,you may as well get something out of it,thats what insurance is for