Advice Needed
 

Ali's mum here - needing advice on what I should do for the best
I was talking to someone a couple of days ago about Alison having RSD and they asked how she injured her ankle
I explained that she was walking down the steps of the public building I work in and that the bottom step is only half the height of the others which she didn't notice so she ended up overstepping and twisted her ankle
The person I was talking to said had we checked that the steps conformed to UK Building Regulations as he was sure that the law stated that all risers on steps should be of equal height
This moring I measured the entrance steps and all of the risers are 150mm except for the bottom one which is 90mm. It looks like the reduction in height happened when the carpark was resurfaced
I rang Building Control who confirmed that the steps breach building regulations and as such could have been a contributory factor in Alison's initial injury
Obviously no-one could have envisaged that Alison would have developed RSD as a result of this and I am really torn about what to do now
I obviously want the local Council (my employer) to ensure that the steps are made safe as soon as possible as I don't ever want anyone else to go through what Alison is going through at the moment
Now I have to decide whether to persue a claim for the injury and ongoing complications. The problem is that in doing this I would basically be taking my own employer to court and it will not change things with regard to Alisons illness !!!
Has anyone any advice as my primary concern is to prevent further accidents but I also have to ensure Alison receives the best standard of care available (which isn't always available through the British NHS sstem)
Has anyone experienced something similar or developed RSD through a workplace accident
Any ideas what I should do ....?

I initially injured myself (ankle, similar to Ali's misstep) at the women's gym that employed me, and they had no workman's compensation (which by law, they should have had). That injury turned into one ankle/foot problem after another. My orthopedist suggested I not pursue a claim because it would tax me emotionally. However, I had no personal health insurance and by law, workman's comp (via my employers) should have been paying my medical bills. I didn't sue, but filed a claim with the Workman's Comp Appeals Board when my employer let me go after I refused to sign a document releasing him of all further liability. My RSD emerged following surgery on that ankle, but my neurologist said that sometimes RSD doesn't emerge for 2 and a half years after an injury, and it could have begun with the injury or with the surgery--that we couldn't know for sure. In any case, that was 2003 and the case drags on. The absolute worst part was how emotionally taxing it has been. My former employers hired a bulldog of an attorney who was vicious at the deposition and equally vicious in supplementary accusatory letters. Honestly, I felt sad that he would sell his soul for money and wondered how he sleeps at night or even lives with himself. It's not like I wasn't in enough pain already, but that attorney made things hellish. The pain of injury multiplying for a year and a half and finally turning into visible RSD post-surgery was too much to deal with already. Had it not been for my supportive family, I wouldn't have survived the legal battle. Most recently, my attorney sent me to a state qualified medical examiner whose report assigned me a 5% physical disability (my RSD is held at bay via Lyrica and continual exercise plus a host of other things i've tried in order to help myself). It looks as if I may have a chance to recover four and a half years of medical bills, but still it's not for sure. Who knows what their attorney will come up with next. But my original orthopedist was right: it's almost not worth the emotional stress of a legal battle unless you have amazing fortitude, amazing support, and a lot of extra energy. I guess you just have to weigh the gains with the costs. I would never have filed a claim had my former employers not been so unwilling to accept responsibility. I liked them too much. I learned what they were really like and felt I needed to stand up for myself, as hard as it is to stand on an ankle/foot with RSD. Truly emotionally taxing, and I am certain that emotional taxation didn't help the RSD at all. There's no easy answer.

Hi,
 

WC is always taxing and it takes years to get it settled no matter how bad the injury. Like Hopealot says you have to decide if you will lose your job over it, if you are ok with that if you do, if you will win enough to make it worth wild along with getting insurance for Ali. It wouldn't really be WC actually. It would be through their accident insurance so maybe they couldn't fire you over that.

I was wondering if there is any way you can find out how many times that place has been sued for different things through BBB records and find out how they cases came out.

You might want to pay for a meeting with an attorney to see what his thoughts are too.

Have you checked on disablility for her. I don't know how all of that works where you live but I was wondering what kind of disability they offer there along with something in the line of Medicaid to pay for her Dr. bills.

These are just some thoughts of mine. I do hope you find the right answers.

Ada

Thanks all
Just to clarify, here in the UK things are different to the US
We have a National Health Serice which provides all medical care / drugs free of charge and do not therefore have to depend on medical insurance unless we want some form of treatment the NHS do not fund (eg HBOT)
What we would really be talking about is an Accident / Injury claim
I am truly not interested in any monetary gain - though any payment made would automatically be held in trust until Alison is 18
What I am interested in is making sure that the Council accept that a breach in Building Regulations has resulted in Alison's injury and the development of her RSD and to ensure that they fully inspect all Council buildings for compliance and make the necessary changes to ensure no-one else suffers a similar injury
There are claims specialists who deal with the whole process in the UK and my input into the process would therefore be minimal. There is also legal protection for employees who bring claims against their employers though this is the bit that does concern me most !!!

Hi Andrea,

You should definitely pursue in a law suit - if anything, it will save others from being hurt, but also help you with Alison financially - perhaps allow you to afford treatment you wouldn't otherwise be able to afford. I wish you lived in the states, because my friend's husband is an excellent attorney and he has gotten some injured people great settlements. If you would like to contact him, I could give you his email address - I'm not sure of the difference in laws between the UK and USA.

The negligence of your building caused Alison's injury - they are insured and that is what insurance is for .

I wish Alison all the best - she is an inspiration to me.

Terry

Terry / Marla
 

Thankyou for your encouraging words
My manger is on holiday at present as too is our Building Manager who's responsibility it is to see that the building conforms to regulations
I have a lawyer ringing me tomorrow morning to advise me of what my options and first thing on Monday I will ask our Building Control Inspector to come and have a look and check compliance - hopefully this will be the first step to getting the problem rectified
I'm also going to make sure I take photos at some point over the weekend just in case there is any question that the breach of regulations existed in the future
Once I am 100% sure that there is a breach in regulations and that there are no loop-holes in British Law which mean the building is compliant after all, I will arrange a meeting with my Management Team to discuss a resolution of the problem
My major headache is how do you put any price on the suffering of a child - especially when you have no idea how the illness will progress in the future
I hate to make a fuss but if this was a preventable accident that is somehow going to have long term implications for our family.
The best thing they could do is to agree for me to continue working from home part time in order to meet Alisons care needs as and when they arise.
I will let you know how we go on but thanks for all your kind words of encouragement !!!
Andrea

The best advice I can give is, talk to a lawyer. If you find one willing to accept the case on contingency (he only gets paid if he wins), go for it. If you can't find one willing to work with you, you may as well give up on the idea.

Trust a lawyers greed; they only take contingency cases they think will pay off...Vic

(Added later): I see my post followed yours by two minutes, and you're already planning to talk with a lawyer. Never mind.

Wow!!

This is the kind of situation which wouldn't have been tolerated even before all the "silly" laws. It's just common sense that you don't have risers of varying heights. This is the sort of situation where you can just sit and watch people stumble when they come down.

I don't know what the laws are here much less there but they will try to claim that the condition isn't a direct result of the injury because the injury doesn't normally have this result.

When you take photos ensure that you have a measuring tape so that the photo shows the height difference in centimetres. Otherwise, they can say the the variance of the height is the angle of the photo or lighting. Make sure the photo is of the measuring tool on the riser.