No win no fee personal injury comp claims

[chilliwitch]

My husband had an accident at work late last year.He broke his ankle and tore ligaments due to a raised drain not being covered,6 weeks off work on reduced pay.He was advised to seek compensation which he started in Feb of this year.It's still going backwards and forwards.We received an e-mail from the solicitors which included the costs of the case so far(which he doesn't have to pay)and are appx £750.00.He's now thinking that he doesn't know whether to continue with the claim as it's getting him down and he's really worried that it could go to court.I've explained that I really don't think it would go that far for a ankle injury and that he is not in the wrong so why is he worried?He has admitted that he wasn't wearing his safety boots at the time and is worried this will come back and bite him on the arse!He is a honest bloke but was worried about the family financially which is why he proceeded with the claim and now realisation has dawned on him that he told a porky so he wants to cancel the claim.2 questions,what is the likehood of it going to court and would he have to pay the solicitors fees that have amounted so far if he cancelled now?
Phew,sorry for writing bthe complete works of shakespeare but wanted to include all info

[BertiWooster]

For the purposes of clarification - what was the 'porky' he told

Assuming he stated that he was wearing his safety boots , when he wasn't and further , it is a condition of his employment ; then his employers could argue contributory neglegence .
However they have still got a duty of care to their employees to ensure that their working enviroment is as safe as it can be - a raised uncovered drain would be , on the face of it , a breach of that duty .
Therefore i would suggest that the greater percentage of liability would rest with the employer .

Whether or not the claim proceed to a court hearing will depend on what stance the employer takes .
What stage is the claim at - has the employer responded to your husband's solicitor , with their position on liability ?

[BertiWooster]

Whether he has to pay costs or not will depend on the terms and condition of the agreement he entered into , with his solicitor .

Dont be fooled by ' no win no fee ' - it is not always as black and white as the term suggest .

[chilliwitch]

The porky he told was that he was wearing safety boots, which he was provided with but they are not a condition of.his employment The employers solicitors have disputed negligence but have also been and cemented over the drain so as "to prevent any hazards"in their own words.My husbands solicitor has noted this to them that if it wasn't a hazard in the first place why fix it?She has also requested a site inspection but is currently waiting for a reply to these 2 questions.His employers were very unsympathetic,not once in the 6 weeks he was off did any of them bother to see how he was and the day he had his cast removed he rang them to say he was on the club for another 3 days and his boss asked "cant u come back monday"2 days before his sick cert ran out.I explained to hubby that if he went back whilst on the club he wouldn't be insured if anything should happen but he went back and all his boss had to say was"is this the end of it now?"and to top it off his boss is the H&S manager.My hubby has worked there 15 years and only had about 7/8 sick days off

[BertiWooster]

To be honest I think this safety boot thing may be a 'red herring' .

How exactly were the injuries caused - did he actualy step inside the drain or did he collide with the outside of the drain ? - I doubt that a safety boot would have lessened the injuries significantly .

If both sides came to an impasse on liability and the matter proceed to a court hearing - i cant see a judge not being sympathetic to your husband's claim .

Is the employer a large company
From the attitude of his manager ( H & S Manager ? - the irony of it ) i would want to pursue the claim , although they may come up with some reason to let him go for suddenly ' not performing to the required standard ' - or words to that effect

[lawyer88LA]

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