[DODA]

Putting a claim in is still very much up in the air at the moment.

The house in question is a dorma bungalow semi detached in a street set in a mountain.

So wfp upstairs is obvious due to the roof , due to the nature of the houses on one side of the street high in front lowe in back and opposite side of the street that i was on low in front high in the back .

I clean both front then go around the rear and clean the rear of the first property all wfp plus the side , hose goes over the fence and carry pole to the other house reconnect pole and clean upstairs of damaged property  then the side window which i forgot and then put everything wefp away and get stepladder ( 3 section ladder)
and clean downstairs rear windows trad because they keep spotting wfp and the rear door trad as well put ladders back in van and walk around and realise forgot side window..

Side window is 8 ft from ground level and arch way is almost where by my right hand side 8 inches away , i couldn,t say how much pressure i put on the arch but i clean numerous properties with them to know that it shouldn,t have collapsed wether it is a decorative feature or not.

Still doesn,t change the fact that i should not have put weight on it or that i should have got my wfp back out ,but i am both trad and wfp not that , that is a defence ..
We are talking 8 ft from ground level ,if it was a dorma window i had forgot wfp all the way...
As for being dizzy god knows could have stood up to fast when extending the step ladder which has little security clips to extend and drop back down.

If i had broke my arm this would be academic 6-8 weeks arm heals carry on where i left off no problem ,  thought the same thing after they said bad strain in casualty i had morgage and income cover so no real problem but 18 months later going to bed drugged every night i just don,t know what is wrong with it ...

As for the notion of putting a claim in women talk people ask how i am and that includes many of my customers and a couple have said to me that am i seeking advice to which i will reply  (no i was an accident)...

Plus then you will have family members and other friends who have watched too much matlock giving advice which i will dismiss but my wife will take on board ..

I will try again tomorrow and see how things go but if it came to the point where i had go back to employment that would kill me...

darren

[Steve Sed]

Are you not pursuing it with your GP? Is it a mystery injury to which there is no cure or will theNHS not pay?

[bobby p]

as a side note ,i would get rid of the stepladder.  on this forum i have read of no end of bad falls from a step ladder.  
 i wont allow any of my workers to use one and never will.

[pristine window cl]

Doda join then get info  from bwca or fwc or other, you must get pro advice dont listen to any   of us. one thing is for sure you broke no law and it makes no difference whether your wfp or trad or both or you were dizzy or lazy or useless or stupid or on ladder or on step ladder or on pile of rubble or dog poop.
THE FACT REMAINS THE SAME, YOU WERE INJURED AT A PLACE OF WORK , PERIOD.
GET ON WITH CLAIM not sueing.
Alan
Pristine window cleaning.

[DODA]

Not a mystery so much ,they had released the radial nerve and remove some muscle and i saw the specialist two weeks ago and you get the same old thing its going to take time to heal.
They then gave me cortazone for my shoulder which they thought was aching in sympathy for my arm and gave me xrays but as with anything with the nhs its the cheapest option first and then work their way up.
wish i had bupa now
There seems to be another nerve  called the ulma or something like that which may be trapped , who knows .
In hindsight should have just let it fall , flipping reflexes....

darren

[rosskesava]

To sue someone for damages you have to prove negligence.

It isn't as straight forwards as the adverts make it seem.

It would also probably take 2 to 5 years to go to court.

Been there, done it, and by the end, I wished I hadn't bothered.

[idealrob]

The law was broken, Fact... The WAHR is law, not a guide a law, and he did not follow the law, he has WFP, but chose to use a step ladder, and as the H & S advert says, "shattered lives", all to save getting the pole out again and follow the law

idealrob

[wightsurf]

I would like to add that the main amount of money from a claim is from loss of income and future loss of  income.If you can not earn what you did and will not again from a doctors point of view ,(which you will need)You could get a high settlement.These quick no win no fee jobs are rubbish by the way.
Get a real solicitor and real advise ,not from window cleaners.

[William McCafferty]

    OH YEAH BROKE THE LAW, WHAT PLANET ARE YOU ON   
         


 

so what is the WHAD 2005 and 2007?

as its not a law then the HSE cannot take anyone to court for breaking it, that will be good news to the many hundreds of companys who have been found guilty of breaking it and fined.

I also remember a few years ago, a young lad in Brighton had an accident and fell from his ladder and broke his spine, he is now in a wheelchair.

He had full insurance cover, but they quoted the WHAD and said he should have used alternative equipment and never paid him a penny.

and yes you are sueing, making a claim and they say no, do you go ok, and leave it, no you don't, your solicitor will take it all the way to court, that is called sueing

sometimes having a accident does not make it right to get a claim out of it, especially if I have to pay for it, and at the moment I am paying 30% more on my insurance because of these claims.

[wightsurf]

.He lent on a brick wall structure and it gave way.The injury was due to stoping the stone /brick from falling on him.
This is how i read it anyway.

[KS Cleaning]

I have every sympathy for the OP and his ongoing injury problems,an important point which hasn't been raised is-were the step ladders BS kite marked,if they were DIY ladders you will fall(no pun intended)at the first hurdle.
Another point to consider is,you would lose a lot of customers if they were made aware you had claimed against the householder.
I have fell twice from ladders,broken bone in foot first time,then broken bone in elbow second time and took full responsibility for the accidents on both occasions.

[idealrob]

    OH YEAH BROKE THE LAW, WHAT PLANET ARE YOU ON    
          


 

so what is the WHAD 2005 and 2007?

as its not a law then the HSE cannot take anyone to court for breaking it, that will be good news to the many hundreds of companys who have been found guilty of breaking it and fined.

I also remember a few years ago, a young lad in Brighton had an accident and fell from his ladder and broke his spine, he is now in a wheelchair.

He had full insurance cover, but they quoted the WHAD and said he should have used alternative equipment and never paid him a penny.

and yes you are sueing, making a claim and they say no, do you go ok, and leave it, no you don't, your solicitor will take it all the way to court, that is called sueing

sometimes having a accident does not make it right to get a claim out of it, especially if I have to pay for it, and at the moment I am paying 30% more on my insurance because of these claims.

Dont you just love know it alls,  that know nothing, it is as law, understand law, and yes type into HSE website and see the prosecuctions for breaking the law, Michael Mills was the first to be prosecuted for breaking the WAHR law, a law that was passed in Parliament, and fined £3k
Michael Mills, trading as MB Mills General Contractors, of Cambridge was fined a total of £3,000 plus costs of £3,517, at Bedford Magistrates Court, yesterday, Thursday 15 September 2005. The prosecution brought by the Health and Safety Executive (HSE), followed its investigation into a breach of the Work at Height Regulations (WAHR) 2005.

there the offence , the prosecution  and the fine for breaking the law, simple,


idealrob

[pristine window cl]

I think your find it is different for a SOLE TRADER, and dont forget i was the first to say, seek other advice, and I FOR ONE, dont claim to know it all , but these thoughts from everyone should be investigated further. but dont ask no solicitor or only one ask 2 or 3.
Are you really saying that although he has wfp, yet used a step ladder to clean a LOW LEVEL window trad, that he BROKE  A LAW, again what planet are you on.
every incident has its own story. 
come on the big boys what do you think.
Alan pristine windows 

[idealrob]

no different for a sole trader, why should it be, and as for the planet i am on, it called The Earth, or the real world, for those who understand the law, have you not read the WAHR, you know the one thats law, and if you understood the WAHR, you would know how he broke the law.
Have a read, and you might learn something

idealrob

[poleman]

I have employees so I have to have a good under standing of all health and saftey regulations

And it does say in the Working at Height Regulation A place is ‘at height’ if a person could be injured falling from it, even if it is at or below ground level.

WAHR place duties on employers AND the self-employed

If you had a injury at work it must be reported to RIDDOR 

[shaun mclean]

well it would seem you have answer lol like the other guys have said just set a bloke on and do the driving , try and get someone who cant drive and who dont live near you round that way they wont pinch your work (hopefully ) and as for the wife mmmmmmmmm i had 1 like that i soon off hired her and replaced with a newer and better model

[Halfadaylee]

    OH YEAH BROKE THE LAW, WHAT PLANET ARE YOU ON   
         


 

so what is the WHAD 2005 and 2007?

as its not a law then the HSE cannot take anyone to court for breaking it, that will be good news to the many hundreds of companys who have been found guilty of breaking it and fined.

I also remember a few years ago, a young lad in Brighton had an accident and fell from his ladder and broke his spine, he is now in a wheelchair.

He had full insurance cover, but they quoted the WHAD and said he should have used alternative equipment and never paid him a penny.

and yes you are sueing, making a claim and they say no, do you go ok, and leave it, no you don't, your solicitor will take it all the way to court, that is called sueing

sometimes having a accident does not make it right to get a claim out of it, especially if I have to pay for it, and at the moment I am paying 30% more on my insurance because of these claims.

I would have understood this better IF YOU HAVE PUT some SHOUTY  bits in THE reply
ART.

[steveo22]

I'm going to go to Pristine Window Cleanings house later to post a flyer, accidently on purpose injure myself ans then sue the crap out of him. IDIOTS

[4Taz]

I have employees so I have to have a good under standing of all health and saftey regulations

And it does say in the Working at Height Regulation A place is ‘at height’ if a person could be injured falling from it, even if it is at or below ground level.

WAHR place duties on employers AND the self-employed

If you had a injury at work it must be reported to RIDDOR  

Yes but only certain injuries - so you are not totally correct. Not every injury MUST be reported. Breaking digits (fingers/toes) are not reportable nor are injuries that keep you off work for less than 7 days (includes weekends!). N.B. this recently (APRIL) increased from 3 days.

[pristine window cl]

I will say again try to make CLAIM on custys home insurance.
Do not SUE anyone
Steve by all means drop one of your flyers round, if my insurance deems fit to give you £10,000,
fair play to you it  wont bother me none.
Alan