Kicked at work - where do I stand legally?

Naturally said:
Can I just clear up a common myth here. If anybody can point me in the direction of a personal accident insurance which would pay out if your arm gets broken in employment with horses, please do share the details.

Personal accident insurance policies aren't interested unless you lose a limb or are left permanently severely disabled. It just isn't possible IME to insure against that. Wheb I broke my leg and couldn't work I looked into finding some sort of policy to cover a similar situation in the future and I couldn't find one.

You were injured in an accident at work. If you are a member of BHS ring their legal advice helpline, they will help you and you will know it is advice to be trusted, rather than trusting us motley crew :D
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If you are self employed you should get Income Protection Insurance, lots of people offer it but for obvious reasons it is quite expensive so most people don't bother.
 
You're getting some wierd and wonderful advice here. :-)
As I mentioned before, if you have BHS Gold or similar, or even household insurance, you could try ringing them for advice. (Not to claim from them, but for advice, even household insurance might cover). Failing that the CAB. This is the wrong place to seek legal advice isn't it?
 
Naturally said:
Can I just clear up a common myth here. If anybody can point me in the direction of a personal accident insurance which would pay out if your arm gets broken in employment with horses, please do share the details.
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These guys come and harrass us at work every year to take out insurance policies - I work ride racehorses. According to the sales rep it would cover me both at work, at home and anywhere else doing anything. I will admit that I have never looked into the ins and outs of it as I never took out the policy.

http://www.combinedinsurance.co.uk/index.html
 
Broke_But_Happy said:
I'm sorry I don't agree. I damn nearly broke my back last year being launched off someone else's horse. I will never be able to work with horses again and even I can't ride anything with a big movement so my life has definitely changed career/riding wise. I will also need surgery on my back. I knew there was a high chance I was going to come off as the horse was a highly strung youngster and accepted that risk when I sat in the saddle so wouldn't even dream about claiming against the owner.
OP knew about the risks of working with TB youngstock so should have had her own cover in place (sorry OP :o).
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Yes but that is (from the sounds of it) a different scenario - you were riding someone else's horse. Was that part of your employment? The fact is as far as the OP is concerned, they were employed at the time and, if an incident at work happens like it has then they are entitled to claim under the employer's policy. It's not about suing it's about claiming under a policy that is in place for that verys for PA reason.

As for PA policies, I believe there will be some out there but it would be a specialist PA policy you'd need to cover weekly and not just capital (ie permanent total disablement) and that would be based on your weekly earnings. The PA policies as an add on to say your horse insurance generally just work on a capital benefits system so yes you would have to sustain a pretty serious injury eiter a loss of a limb of something that left you permanently disabled. PA cover including weekly benefits will cover such things as broken limbs so if you are going to be out of pocket cos you can't work due to the temporary injury then the PA policy would kick in. They're not that cheap though!
 
Lots of advice. If you are going to pursue this further may I suggest you seek proper legal help and let your representative and your employers insurance company deal with it. Make sure all your dealings with your employer are polite and non confrontational. Having worked for many years in this industry , I can tell you its a very small world and people can quickly be labelled by reputation, rightly or wrongly. If perhaps you took a miscalculated risk and walked too close to a colt being exercised and got kicked is it worth it worth being remembered as 'the girl who tried to sue ***Stud, after getting herself kicked' ? How would this affect your future employment prospects. Worth thinking about. If however you have an entitlement to compensation and wish to pursue it, I wish you luck. If that's the then I suggest you refrain from discussing it on a public forum. Many studs have a confidentiality clause in their contracts of employment, did you sign one? Whilst you havnt named your employer,you have given enough information for some people (myself for one) to know who they are and the details of your accident. If your going to take action against them, maybe you should consider deleting this thread,as i know that it has already been noted. Hope your arm makes a good recovery.
 
SpruceRI said:
That's not correct

No-win, no-fee lawyers work the claim under a conditional fee agreement usually. If you win the case you keep all of the monies awarded to you. The lawyer gets their payment from the other side. if you lose, you pay nothing.

The NW-NF company takes out an 'after the event' insurance policy to cover themselves should they lose the case.
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No, I'm sorry but I am correct. If you lose you pay the costs of the other side. It is advisable for YOU to take out after the event insurance - however this is difficult to get unless the insurance company thinks you have a good chance of winning. After the event insurance in itself can be very expensive however it is NOT the solicitors responsibility, YOU will be liable for the costs if you lose.

OP please see the Citizens advice bureau guide to Clamining compensation for personal injury.
 
EKW said:
These guys come and harrass us at work every year to take out insurance policies - I work ride racehorses. According to the sales rep it would cover me both at work, at home and anywhere else doing anything. I will admit that I have never looked into the ins and outs of it as I never took out the policy.

http://www.combinedinsurance.co.uk/index.html
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I (& a lot of others) have found that company on a par with E&L.
 
Surely we dont want to get like USA where people sue for the slightest thing and demand compensation for every little accident? Accidents happen, insurance and claiming should only be used if absolutely necessary.
 
Haven't read all the replies but I must say your boss has done more than most in that he's paying your regular wages. He didn't make you go through all the paperwork for claiming(rightfully) for compensation. As far as the 3 weeks and changed plane money, well thems the risks with horses I'm afraid. You still have your second job in Australia. It sucks but you will heal. Your being paid in full by current employer. Things can be much worse. Suing for 3 weeks plus airfare and maybe hoping for a bit more isn't a good idea. Your not in a situation in which you will be jobless for months, work was negligent, and you have no hope of returning to normal. These are the times when you think through your ultimate goals in life and figure out if a career in horses is what you really want. These little blips are part and parcel. So far your bosses have been pretty good. Believe me there are much worse out there.

By saying these things I'm not saying people who work with horses should be treated like dirt, it's just that crap happens. In the great scheme of things this isn't that bad. I've worked with horses all my life too. I've had broken bones. You just deal with minor setbacks. It's the life I chose. I was treated right by my employers and had no complaints.

Terri
 
Thanks for the responses to my thread hijack :o I wasn't self employed but also wasn't entitled to any benefits, long story but I had huge financial probs because I fell through every loophole going :o

I see that company who does accident insurance is about as trustworthy as e&l so will avoid, thanks very much for the warning ;) I think in my case I would be best off self-insuring, i.e. Just putting away the premiums each month into a saving for a rainy day fund :)
 
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