Near Death Experience

[Johnny Mac]

:lol: Yes my spirit is unbroken. So is my Koch!

A good job your Koch wasn't in a rigid position at the time.  Or it might have snapped.

Which would have killed off 50% of my personality!  :lol:

[Johnny Mac]

I've got to say being stuck at home for 2.5 weeks, this forum is a godsend!

I went out today properly, not just a little pigeon step walk up and down the pavement for a couple of minutes.

I went to the barbers got my hair cut. Went in the betting shop over the road, a small independent one. My mate in their found a horse called 'Fix The Rib', so I put a fiver on it and it won! Only evens though so five on five back. Then I bought a Maccers. I never normally eat them much. I know its only boring normal stuff but to me today was the best day I've had for ages!  :lol:

[Fourth Feline]

I've got to say being stuck at home for 2.5 weeks, this forum is a godsend!

I went out today properly, not just a little pigeon step walk up and down the pavement for a couple of minutes.

I went to the barbers got my hair cut. Went in the betting shop over the road, a small independent one. My mate in their found a horse called 'Fix The Rib', so I put a fiver on it and it won! Only evens though so five on five back. Then I bought a Maccers. I never normally eat them much. I know its only boring normal stuff but to me today was the best day I've had for ages!  :lol:

Good to hear Johnny,  :)

It's true that sometimes we have to endure pain and / or go a bit  'stir crazy' before we can appreciate the so called 'little ' things in life.   All the very best for your ongoing rehab Johnny, and remember :

"Lose the pain - but keep the perspective " . 

[FernandoDuarte]

:D

[Johnny Mac]

I've got to say being stuck at home for 2.5 weeks, this forum is a godsend!

I went out today properly, not just a little pigeon step walk up and down the pavement for a couple of minutes.

I went to the barbers got my hair cut. Went in the betting shop over the road, a small independent one. My mate in their found a horse called 'Fix The Rib', so I put a fiver on it and it won! Only evens though so five on five back. Then I bought a Maccers. I never normally eat them much. I know its only boring normal stuff but to me today was the best day I've had for ages!  :lol:

Good to hear Johnny,  :)

It's true that sometimes we have to endure pain and / or go a bit  'stir crazy' before we can appreciate the so called 'little ' things in life.   All the very best for your ongoing rehab Johnny, and remember :

"Lose the pain - but keep the perspective " . 

You're right I've never felt so happy to be alive. I know it sounds a bit daft but if you saw what hit me in the chest.....! I had a meeting with my governor yesterday. The whole incedent was caught on CCTV apparently and he said you don't want to see it as it's too nasty. The insurance company want to settle out of court. I'm not sure how much to expect. Anyway, todays little adventure was priceless and I don't really care about money right now. I will one day I expect but just the smell of spring in the air today was beautiful.   :harp:

[Fourth Feline]

Not meaning to sound too protective here,  but are the Health & Safety Executive aware / investigating ?  If not, your employer ( and their advisors ) could be hiding / walking away from some serious litigation, quite independant of your own un-disputed out of court compensation.   Naughty, naughty ...

[Johnny Mac]

Not meaning to sound too protective here,  but are the Health & Safety Executive aware / investigating ?  If not, your employer ( and their advisors ) could be hiding / walking away from some serious litigation, quite independant of your own un-disputed out of court compensation.   Naughty, naughty ...

Well, I'm aware that they could be doing that. The thing is the accident is on film and not on my employers site but another one. Their H&S officer has filed a report. My firm have too as they are obligated and would make them look bad if they didn't come forward with a report if there is one coming from elsewhere. The insurers are not disputing my case as they have seen the footage. I realise that they could be hiding from some big legal issues. I can't see that effecting the outcome of compensation. Its a very tricky situation for me, if you read some of the details in my earlier posts. The economic downturn has slaughtered the business I'm in. Any massive fines that they could be potentially hit with could put the nail in the coffin for us all, its that bad in the books. I could do with some off the record advise on this. The last thing I need is to have to keep looking over my shoulder in future, if you get my drift.

[MDV]

Unlucky! Glad youre (basically) Ok though

Good story to tell; metal as $%&# "Yeah, well I got smacked by a tonne weight door and lived!"

[Johnny Mac]

Unlucky! Glad youre (basically) Ok though

Good story to tell; metal as $%&# "Yeah, well I got smacked by a tonne weight door and lived!"

:lol: Thanks Mark!

[ToneMonkey]

I don't think that you have any obligation to inform the HSE.  As far as I'm aware, it's the employers responsability.  If it happened on another site, with a piece of kit which is't owned by your company then I'd say the chances of them getting hit with any fines are minimal.  They provided you with the relevant PPE which it sounds like you were wearing.  If on the other hand, the kit that hit you is owned by your company (think a hinge failed if I remeber right) then so long as they have maintenance and inspection records which are up to date for that piece of kit and the accident couldn't have been foreseen, then they should also be alright.  Against common myth, the HSE don't try to crew you at every turn (although the inspector will have an important part to paly for this).

Under RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurences Regs) yor injusry is classed as either a Major Injury or an "Over three day lost time injury".  Either way it is reportable to the HSE within ten days on the F2508 form.  Failure to do tihs is in breech of the RIDDOR Regs which forms part of the Health and Safety at Work Act.  The rules are all open to interpritation , but that is what is laid out in the HSE Guidence.  Have a look onthe HSE website under RIDDOR and there should be some stuf there.  I should imagine that the major argument for your company would be that it was on someone elses site but without knowing all the details, if I was your company I would have filed the report as well as it is one of my employees that was injured.  I knew that course would have come in handy one day  :D

Glad to hear things are getting better mate.  If they payout isn't very much then you culd always send the video to You've Been Framed  :D

I remember when I was off my feet for months, I was so glad to get out into the garden when it finally happened that I even used to go outside in the rain just to remember what it felt like.

[Johnny Mac]

Thanks for the tips mate  :D My firm have filled out the relevant paper work but I am keeping stoom about certain aspects of this.

I'm getting about easier but i can't carry anything that weighs much.

I only sleep as long as the painkillers last i feel like shitee to be honest.

[Elliot]

In terms of compensation - it does pay at this point to go to a no win no fee solicitor.  They will get a medical report and an advice on damages to argue things out - that way you will have the evidence and the muscle to get a better settlement. 

Damages in personal injury claims are worked out by lawyers on the basis of a big book called Kemp and Kemp: essentially a catalogue of reports of what damages courts have ordered in the past based on types of injury.  A lawyer will look for the nearest injury and will then find one or two injuries more serious and one or two less serious to find a range of compensation.

Needless to say, the insurers lawyers will always go for the lower figure, even if they are not disputing liability and your lawyer will go for the top end - having a solicitor to argue it out for you means the insurers (who will not want to spend cash on your legal fees at court) will be more amenable to a more generous settlement if they know they have to pay someone to argue it out for them in court.

[Johnny Mac]

In terms of compensation - it does pay at this point to go to a no win no fee solicitor.  They will get a medical report and an advice on damages to argue things out - that way you will have the evidence and the muscle to get a better settlement. 

Damages in personal injury claims are worked out by lawyers on the basis of a big book called Kemp and Kemp: essentially a catalogue of reports of what damages courts have ordered in the past based on types of injury.  A lawyer will look for the nearest injury and will then find one or two injury's more serious and one or two less serious to find a range of compensation.

Needless to say, the insurers lawyers will always go for the lower figure, even if they are not disputing liability and your lawyer will go for the top end - having a solicitor to argue it out for you means the insurers (who will not want to spend cash on your legal fees at court) will be more amenable to a more generous settlement if they know they have to pay someone to argue it out for them in court.

Thanks for the advise Elliot  :D

You pretty much hit the nail on the head of the events of my day. So yes i'm getting a lawyer now, did give them an opportunity to settle without all that but his offer was an insult but then again, he was just doing his job.

I had the ball rolling with this option anyway i just thought i should hear him out first. I found him out to be lying as well!