Back Injury/Strain at work

[SAPFO]

March 2016 a hydraulic assister, on rollers, used to assist me in living a heavy part, was defective. The rollers had worn, and I notified my boss, who notified maintenance. They came, said they'd fix it the weekend as there was no way the company would stop the production line for it. 2 weekends passed. It was not fixed.

Approx 2 weeks later, the extra strain become too much, and so I went to on site OH Dept, and my own GP. It was a nagging pain to the side of my spine. That annoying muscle strain feeling you get where you cant get comfortable. In my statement, I mentioned the initial pain went around 1 week after the rollers were fixed, making this a 3 week period. I argue that to this day, the pain comes & goes. My GOP records will back this up.

What my issue is, is that the solicitor (Union paid) who is dealing with it sent me a form to sign, where the bracket for claim was min £1k - max £5k. I crossed out the 5k, and he's just called to ask why. I asked him if he's read the medical report after my visit with an independent DR last week. He said "no". So I asked him how can he come to a valuation, without reading the medical report, or my GP records. He said I can only go on what it says, a 3 week injury. He then asked what 'I' think it iOS worth, I said will leave it blank. He said he cannot as the court demand a figure. He said he'd up it to £10k...

Any advice? He is adamant that my ongoing back ache is not related to this issue as it would not have subsided.

[SAPFO]

Just as a side note. This national solicitors is through to the union so I am always sceptical. The solicitors is also in the same town as the employer, and the independent Dr is a former employee of my workplace, and know the owner for the solicitors, in fact they drink together regularly. Weirdly enough, the DR's private reg on his car, is the initials of the company I work for.

[alc1989]

A few things strike me as strange here:

1) have you been assessed by a medicoleal doctor to prepare a medical report?

If if you have then you MUST be sent this to read so you can check it’s accurate abd authorise its disclosure to the defendant’s insurer.

2) if he has your medical report, but has not read it, then he’s on no position to provide a valuation. Sounds like he’s used the JCG guidelines to give you a bracket of £1k to £5k.
This bracket is too wide, do NOT under any circumstances sign that valuation. He could potentially under settle your claim if you authorise such a wide valuation. He needs to read the report and provide a more accurate valuation bracket, usually £200 either way (not £1 - £5k!!!).

4) i don’t understand how in one sentence you say he has not read the report, but then go on to say he said it’s a 3 week injury. But If that is the case, a simple pain injury like yours lasting 3 weeks will be anything between £700 - £1000 !

5) if you do not agree with this, then you need to request your solicitor to organise rexamination by an orthopaedic surgeon and have the surgeon read your medical records too And prepare another medical report. You should be given this uptown unless:

-you told the doctor you recovered, or if he has reviewed your medical records and found that you were already suffering with something and were in pain anyway.

I’m a personal injury lawyer, with 4.5 years experience, but I suggest you raise these points with your current solicitors or ask for your file to be transferred elsewhere if you’re not happy.

I will reiterate that your solicitor should always, read your report, send you the report do you can authorise it, and provide a more accurate bracket.

[SAPFO]

A few things strike me as strange here:

1) have you been assessed by a medicoleal doctor to prepare a medical report?

YES, LAST WEEK. THE REPORT DROPPED TODAY WITH THE NEW VALUATION OF 1-10K. HE SAID HE "HAD TO CHASE UP THE REPORT" CONVENIENT THAT IT CAME TODAY WITH THE AMENDED VALUATION.

If if you have then you MUST be sent this to read so you can check it’s accurate abd authorise its disclosure to the defendant’s insurer.

2) if he has your medical report, but has not read it, then he’s on no position to provide a valuation. Sounds like he’s used the JCG guidelines to give you a bracket of £1k to £5k.
This bracket is too wide, do NOT under any circumstances sign that valuation. He could potentially under settle your claim if you authorise such a wide valuation. He needs to read the report and provide a more accurate valuation bracket, usually £200 either way (not £1 - £5k!!!).

I DID SAY TO HIM THAT IN KNOW THEY LOWBALL PEOPLE DUE TO THE SECRET ALLIANCE BETWEEN THE SOLICITORS, UNION, AND COMPANY. HE DIDN'T LIKE THAT, BUT ITS A COMMON OPINION AT WORK BASED ON EXPERIENCES IN DEALING WITH THEM.

4) i don’t understand how in one sentence you say he has not read the report, but then go on to say he said it’s a 3 week injury. But If that is the case, a simple pain injury like yours lasting 3 weeks will be anything between £700 - £1000 !

HE ACTUALLY SAID 2 WEEKS, AND THEN SAID 3. HE DIDN'T READ THE REPORT AS FAR AS YESTERDAYS CHAT, SO HE SOULD NOT HAVE VALUED IT?

5) if you do not agree with this, then you need to request your solicitor to organise rexamination by an orthopaedic surgeon and have the surgeon read your medical records too And prepare another medical report. You should be given this uptown unless:

-you told the doctor you recovered, or if he has reviewed your medical records and found that you were already suffering with something and were in pain anyway.


I’m a personal injury lawyer, with 4.5 years experience, but I suggest you raise these points with your current solicitors or ask for your file to be transferred elsewhere if you’re not happy.

I will reiterate that your solicitor should always, read your report, send you the report do you can authorise it, and provide a more accurate bracket.

The injury was focused on my back, but with some shoulder pain too. I was later diagnosed with bilateral shoulder impingement. They seem to want to go heavy on the shoulder part, when it was the back that I am claiming for. I had a shoulder injury 1 year before (non claim), and I get the feeling they are trying to give the other side a huge get where they can say the shoulder injury was done prior to 2016.

[SAPFO]

I've posted inside your quote above

[alc1989]

I would just have your case dealt with by another solicitor rather than navigating all these inconsistencies. It's just a waste of time.

Tell your current one that you want to transfer the file elsewhere.

[Peridot]

Hi Sapfo,

Sorry to hear of the issues you've been experiencing. It is always difficult dealing with personal injury claims at work. Just a few queries first I'm afraid. What was the form that was sent to you to sign. Was it the claim form? If that is the case then it is correct that there is a bracket of the range you have indicated. This dictates what the Court fee is to issue the claim. If the figure that has been given to you is the solicitor's estimate of the value of your claim then that would appear somewhat broad but I wonder if this is to do with the claim form which gives the Court an indication of what final figures are being claimed.

Sure you are aware there are two types of damages that will be claimed - general damages which are for the injury itself and are generally far lower than people expect. As ALC1989 indicated the damages in this area will be calculated on the basis of the medical report which addresses whether there are pre-existing issues which have been exacerbated or whether the issues you are experiencing now are issues that could have occurred in any event for example through normal ageing. The fact your back and possibly your shoulder have been affected should be assessed.

The Judicial Studies Board guidelines provide a reckoner of values for all different types of injuries, based on previous cases that have been decided by the Courts. As I mention these damages are generally far less than people imagine. A three week acute injury will not generally be of significant value however if the injury could have effects in the future that are proved to be as a result of the accident in question then the value could differ but this will be down to the medical expert's opinion as demonstrated in the report.

The other type of damages are the special damages which include loss of earnings, travel to Drs, medication costs and the like. Again there would need to be supporting medical evidence that the injury not only was caused by the 'accident' but also that any time off was justified.

The problem you have as far as any medical evidence is concerned is if you obtain a further report from another expert you would need to fund this yourself usually and even if successful in your claim you may not be able to get the cost of this back from the Defendant.

If you would confirm what the form was you were meant to sign this may clear things up a bit for you.

[SAPFO]

Hi Sapfo,

What was the form that was sent to you to sign. Was it the claim form? If that is the case then it is correct that there is a bracket of the range you have indicated. This dictates what the Court fee is to issue the claim. If the figure that has been given to you is the solicitor's estimate of the value of your claim then that would appear somewhat broad but I wonder if this is to do with the claim form which gives the Court an indication of what final figures are being claimed.

Sure you are aware there are two types of damages that will be claimed - general damages which are for the injury itself and are generally far lower than people expect. As ALC1989 indicated the damages in this area will be calculated on the basis of the medical report which addresses whether there are pre-existing issues which have been exacerbated or whether the issues you are experiencing now are issues that could have occurred in any event for example through normal ageing. The fact your back and possibly your shoulder have been affected should be assessed.

The Judicial Studies Board guidelines provide a reckoner of values for all different types of injuries, based on previous cases that have been decided by the Courts. As I mention these damages are generally far less than people imagine. A three week acute injury will not generally be of significant value however if the injury could have effects in the future that are proved to be as a result of the accident in question then the value could differ but this will be down to the medical expert's opinion as demonstrated in the report.

The other type of damages are the special damages which include loss of earnings, travel to Drs, medication costs and the like. Again there would need to be supporting medical evidence that the injury not only was caused by the 'accident' but also that any time off was justified.

The problem you have as far as any medical evidence is concerned is if you obtain a further report from another expert you would need to fund this yourself usually and even if successful in your claim you may not be able to get the cost of this back from the Defendant.

If you would confirm what the form was you were meant to sign this may clear things up a bit for you.

Well, the form he has sent the 2nd time does not have the valuations on it. I now have a 'Commencement of Court Proceedings' form to sign, along with the medical report which focuses heavily on the shoulder, although I did state that I had an injury to this the previous year which would time it out of any claim.

I assumed he was sending me a forum with the amended valuations to sign.

[Peridot]

Hi again,

Until medical evidence is finalised and a schedule of your other losses has been prepared it would be difficult to guess what the claim value would be. The fact they have mentioned your shoulder would only be if you indicated you also experienced issues with it? If that is not the case then it may be sensible to question this. Just because you had a previous injury does not mean that you can't claim for an exacerbation in that previous injury. The defendant has to take their victim as they find them so pre-existing conditions and problems wouldn't prevent you making a claim if as a result of this accident in question the older injury has suffered further.

It sounds like the form is a claim form as this will be needed to prevent you missing limitation (being 3 years after the date of the accident) or if the Defendant hasn't admitted liability a Court claim can be made to decide the issue of liability.

Until your evidence has been finalised your solicitor can't value the claim accurately. If there are issues with the medical report or inaccuracies you need to discuss these with your solicitor and see what options there are for getting amendments or clarifications made.

Hopefully this clarifies things a bit.

[Peridot]

Hi again,
Was just looking at the other posts and noticed your comment about changing solicitors. I would refer you back to my previous post on your eye injury thread at post #10 here:- https://legalbeagles.info/forums/for...-of-settlement
where I explained issues you may have with changing lawyers for your claim.

[SAPFO]

Hi, need some adivce here before I sign this amended valuation, which is now up from the disputed 1-5k, to 1-10k.


March 2016 injury


Reading the medical report the Dr says I:

"...suffered pain & stiffness in both shoulders, and the central part of his back following a RSI injury at work in March 2016"

"...MRI scans have revealed bilateral impingement. This is consistent with the repeated strain as described"

"...Present situation is he continues to complain of discomfort in crayon circumstances, but has good movement, and can cope with all routine activity"

"....could take 5 years from onset of shoulder symptoms for recovery if strain is avoided"

"....continued pain & stiffness in central part of back, although can perform normal activity"

"......symptoms could have been exacerbated by recent stress issues"

".....difficult to predict back recovery, but if avoiding strain, maybe 1 to 2 year from now for recovery"


Summary:

Mr suffered pain & stiffness in his back & shoulders following a RSI injury at work in March 2016. Symptoms continue, but will hopefully revolve in the next year or two.




How should this be valued using the JC guidelines?
alc1989
Peridot

[Peridot]

Hi,
It is not an exact science as you know. The JSB Guidelines are very much a guide only previous case law is probably more accurate. You will need to discuss with your solicitor the likely award you could expect in my opinion. I will have a look and see if I can find any case law. Having had a quick look most of the cases are for more serious injuries, with broken bones or a requirement for several treatments, whether steroid injections or physio etc.

Have you had any treatments prescribed other than analgesia or anti-inflammatory meds for the injuries? It will also be relevant what age bracket you come into. You don't need to tell me just so you're aware it can make a difference to the amount of damages.

The general damages are for pain suffering and loss of amenity Where there is more than one injury the pain and suffering can of course overlap and you can't 'double' claim ie separate out the two injuries completely and just add the . It appears that there would have been an initial problem that has recovered to a level that doesn't prevent normal activity relatively quickly. Although you continue to have some symptoms and it is expected these will continue for a further year or so they would appear minor in nature.

What is the qualification of the Dr who saw you? Are they an Orthopaedic Specialist, GP, or other. Is there any further information in the report about the Impingement that is mentioned? Is this report just to enable the claim to be issues have they suggested a further report down the line. I'm not suggesting this should be done, particularly if you have not been receiving ongoing treatment since 2016 other than oral painkillers as needed, just clarifying.

[SAPFO]

For the back, no. For the impingement, 1 year of physiotherapy. I was referred back to my GP for the next stage, but it has been lost amongst all my other problems. I am age 36.

The Dr was a GP I believe. In his day he was Dr at a huge local football club, and Dr of a huge 10k+ manufacturing plant.

[SAPFO]

The solicitor has rang me 5 times today trying to hurry me to sign that 1-10k valuation, with 10k being the upper limit.

Should I?

[Peridot]

Hi again,

Ok I need you to confirm is the 'valuation form' they have provided you with the claim form in order to issue your claim at Court and protect you from missing the limitation date? A figure has to be indicated on the claim form providing a likely amount the claim could be valued at, but this can change and the case moved to a different track if needs be, once further evidence is available. If this is not the claim form and is purely a form they wish for you to sign having provided you with no quantification of the injuries beforehand then that would seem an impossible ask.

You will appreciate that the lawyer is under pressure to ensure that limitation is not missed and therefore needs to get the claim issued asap by the sounds of it but the claim can be issued protectively and the particulars of claim and supporting evidence filed a couple of months afterwards. This procedure may be different however, if the claim has already been uploaded onto the claims portal. Can you confirm.

What was the other treatment that was recommended after the physio had failed? I appreciate things get lost amongst other issues but if the pain is ongoing then it would be expected that you follow any recommended treatments suggested. If you don't it can have a negative affect on the claim you have.

If it was me and if there was time to do so before limitation expired I would maybe have considered instructing an orthopaedic specialist to prepare a report. Having said that even if you did obtain a further report on the shoulder injury in particular, it may come back saying the same as your GP report and you would be no further forward. It could also dumb down the injury altogether and then you'd be worse off as far as valuing the claim goes. You would also probably be expected to fund another report yourself if this step was taken. Your main issue would seem to be that normal day to day activity would appear to be unaffected unless you find yourself under stress. This of course wouldn't necessarily support a longer term claim.

Sorry I can't tell you figures you will appreciate it is almost impossible without seeing all the evidence which your lawyer should have and should therefore be able to advise you upon. Clarification of what the form is they are actually asking you to sign may be helpful.