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Magnate
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Join Date: Aug 2006
Posts: 2,871
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Magnate
Join Date: Aug 2006
Posts: 2,871
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Quote:
Originally Posted by TraceyW
Hello again everyone!,
Since your advice, i have contacted a couple of firms of solicitors to find out if i can possibly claim again my employers for TOS...i did various searches to try and find a firm that has dealt with occupational diseases.
I just had a call back from one of them and they advised that it would be difficult to prove any negligence against my employers at the time (partly due to the fall i had prior to the TOS and the fact that they did make occupational therapy consultations and got me a new chair and keyboard). I did point out that the first chair was deemed i incorrect for my body type by another occupational therapist. (after about 6-9 of using it though!).
Did any of you hit this hurdle at the first attempt of claiming?...
It is harder to claim in the UK i think......
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Hi Tracy,
I can only give you the information we experianced. On the original clam from the TOS injury the wmployers carries had a IME doctor state a child hood birth injury caused the TOS. THe Judge ruled it was far too unbelievable to be coincidential to ever expect that after her work injury at age 16 the TOS developed. We had the same pedicatrician and he documented that she was never treated after birth discharge or had any complaints through childhood to relate to the injury an. symptoms on the date she was hurt.
The same judge though on the escalation to point of total disability had nothing to do with the work station, lifting trays of haburger /hotdog rolls, to distributors that did not get the correct orders. Also the equipment, she needed a headset phone spending hours a day resting the phone on her shoulder as she altered or entered orders all day long.
Judge said she had TOS, and it would have gotten worse even if she had been at home not working. We appealed twice after that and ran out of options. There was no evidance entered to ever suggest that she would have gotton worse. There was evidance from esclation of symptoms to the point the employer left ehr go as she was too injured to work for them....
Sucked big time. Orig injury claim was $45 every two weeks, the claim at Holsum Bread distrabution would have been $1,000 every two weeks.
We never got over the life altering affect the legal system can have on a person. Like the coal mine days, disable you and hang you out.
I wish you luck and perhaps if there is a type of social security disability UK offers perhaps that is the best way to go. Did the employer have short term disability insurance? WHen the w/c system is completed here and an award made for settlement many of us are on SSDI instead of W/C.
di
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Pocono area, PA
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