beckyn22
Silver Member
I did do a PI claim hun, through my union at work, but like everything in my life even that couldn't run smoothly, in the 5 years it took to get to court, I had my solicitor tell me that I didn't have a case on 3 occasions and each time refused to take it further and then back tracked after I had words, the final time was after I had spoken to an ex Matron of a elderly care facility, who was now a lecturer and trainer on manual lifts and who pointed out to me that the lift (the drag lift) I had been taught (I had never worked in care before starting this job in 1989,) had been banned in 1981, 8 years before I even started at the home. To cut a long story short, I had used the lift for the whole of the 9 years I worked there as the asst manager had taught us me and another lady, when we started there and had never been advised not to use it, not even during my induction which wasn't held until 2 years after I started working there and training which was held over 5 years after I started there and only given then when we were advised that everyone needed to learn how to use a hoist. So the solicitor reinstated my case and then 3 months before we went to court, the firm of solicitors sacked him and I then had another solicitor who I must admit did an amazing job in 3 months. Then when we got to court, the first thing the judge said was that my employers (The London Borough of Harrow) were counter sueing me for not following the procedures I was taught during training....he immedaitely threw that one out, said they had no grounds to counter sue ...the first bit of good luck.
Then when it actually got under way, I was informed by my barrister that the doctor that was my doctor had said that he couldn't say the injury was totally caused by the accident, as in 1972, I had gone to the doctors complaining of back pain after my father pushed me down the stairs and on that basis he was saying that if I won the case, in his opinion I wouldn't have been able to do the job for longer than another 18 months anyway (even though I had never made any complaints about my back or taken time off work with anything to do with my back in 9 years), so when I did actually win and the judge in his summing up made a point of saying that he felt that of all the evidence he'd had to listen to, he was able to say with certainty that I had given a frank and truthful account of what happened in the home that I worked in....there were other factors that went in my favour, such as I said that I was the only one who kept my key working records up to date, that was verified, I also said key equipment was locked away from us at night, this was also verified and I had pointed out that I had used the banned lift during training and had not been pulled up. about it and the trainer was in court and verified that there were 26 of us on the course that day and she was the only trainer and while she couldn't say I had used the lift she also couldn't say I hadn't as there were too many people to watch over. So I won the case which I was ecstatic about as it cleared my name ....but I soon got shot down again, cos my doctor had stated that he thought that in 18 months my back would have given out anyway, even without any clear evidence of that (I hadn't even had an MRI scan by then), they accepted that and paid me 18 months loss of earnings and £6,000 in compensation and that was that, which was just shy of £24,000....but then the DSS stepped in and demanded £13,000+ back as I couldn't get earnings and claim incapacity benefit, so I walked away with £10, 600, which bought me my Adjustomatic bed (just over £6000, as I can't sleep flat ina normal bed anymore) and paid a couple of bills and that's it all gone and me I am still unable to walk properly or do what I want....I was angry at first, but now I am happy that I was proven right, they were found to be negligent on all counts and about 2 montsh later, the home I worked in was shut down and is even now just a day care centre....sorry that was so long winded lol
Oh crikey Lily what a horrible, stressful time - and to get peanuts at the end of it all
. I've worked in a few care homes over the years and certainly even back in the 90s anything went - most of the ones I saw were doing the drag lift still. The hospitals were much better - it was banned in all the ones I worked in, and the equipment was much better. Can't believe you got the bad luck of such an unsupportive GP and poor solicitor. Can't believe the GPs attitude - no evidence and so unfair. It's disgusting that the government claw back their pound of flesh for incapacity benefit. Good job it didn't happen under this current one - they'd probably have taken the lot. No wonder you were so poorly - all the stress of that as well as the physical pain and everything else you'd been through :bighug: xxx
It's not even that it's hard hun, it is /was my life, but I don't want to keep going over the negatives, I am happy now, yeah I have had a lot of sh*t thrown my way, but I survived it, there are a lot of people out there a lot worse off than me, admittedly I didn't always think that way, but I do now....I am happy and not only happy, but really blessed with my life...I have a wonderful family even with their faults, I have cut myself free from my past, I don't speak to my father, nor did I speak to my mother for the last 15 years of her life, and I also don't speak to 3 of my siblings and numerous nieces, nephews and cousins etc, they seem to think it's ok for me to have gone through what I did at my mother and father's hands and just say oh ok I forgive you even though you haven't made one bit of effort to even try and apologise, accept what you did or in my fathers case, get help....so as far as I am concerned if they think that way, then they must condone what they my parents did and therefore they aren't the kind of people I want or need in my life...it wasn't easy but as the saying goes, you can't choose your family.....or even better than that is...the bond that links your true family is not one of blood, but of respect and joy in each others lives,that is a really strong and meaningful saying for me and I live by it xxx
My friend is a lovely lady, who had a similar upbringing to me and she is wise beyond belief and as tough as old boots, but you'll never meet or make a truer friend in your life xxx
My husband, children, grandchildren and sister and brother and their offspring are my family aloing with my friends and they are all I need and want, they respect and love me and I do the same back.....the people who said that about me weren't just some any old bullies, they were my parents and of all the abuse that they inflicted upon me, the mental abuse was and still is the hardest to overcome xxx
You're amazing to have come through it all - and found the right counsellor to help you. So brave. I knew you meant your parents when you said that but didn't like giving them that title as they didn't deserve it. That lovely quote is so true.
xxxxxxx
Then when it actually got under way, I was informed by my barrister that the doctor that was my doctor had said that he couldn't say the injury was totally caused by the accident, as in 1972, I had gone to the doctors complaining of back pain after my father pushed me down the stairs and on that basis he was saying that if I won the case, in his opinion I wouldn't have been able to do the job for longer than another 18 months anyway (even though I had never made any complaints about my back or taken time off work with anything to do with my back in 9 years), so when I did actually win and the judge in his summing up made a point of saying that he felt that of all the evidence he'd had to listen to, he was able to say with certainty that I had given a frank and truthful account of what happened in the home that I worked in....there were other factors that went in my favour, such as I said that I was the only one who kept my key working records up to date, that was verified, I also said key equipment was locked away from us at night, this was also verified and I had pointed out that I had used the banned lift during training and had not been pulled up. about it and the trainer was in court and verified that there were 26 of us on the course that day and she was the only trainer and while she couldn't say I had used the lift she also couldn't say I hadn't as there were too many people to watch over. So I won the case which I was ecstatic about as it cleared my name ....but I soon got shot down again, cos my doctor had stated that he thought that in 18 months my back would have given out anyway, even without any clear evidence of that (I hadn't even had an MRI scan by then), they accepted that and paid me 18 months loss of earnings and £6,000 in compensation and that was that, which was just shy of £24,000....but then the DSS stepped in and demanded £13,000+ back as I couldn't get earnings and claim incapacity benefit, so I walked away with £10, 600, which bought me my Adjustomatic bed (just over £6000, as I can't sleep flat ina normal bed anymore) and paid a couple of bills and that's it all gone and me I am still unable to walk properly or do what I want....I was angry at first, but now I am happy that I was proven right, they were found to be negligent on all counts and about 2 montsh later, the home I worked in was shut down and is even now just a day care centre....sorry that was so long winded lol
Oh crikey Lily what a horrible, stressful time - and to get peanuts at the end of it all
. I've worked in a few care homes over the years and certainly even back in the 90s anything went - most of the ones I saw were doing the drag lift still. The hospitals were much better - it was banned in all the ones I worked in, and the equipment was much better. Can't believe you got the bad luck of such an unsupportive GP and poor solicitor. Can't believe the GPs attitude - no evidence and so unfair. It's disgusting that the government claw back their pound of flesh for incapacity benefit. Good job it didn't happen under this current one - they'd probably have taken the lot. No wonder you were so poorly - all the stress of that as well as the physical pain and everything else you'd been through :bighug: xxxIt's not even that it's hard hun, it is /was my life, but I don't want to keep going over the negatives, I am happy now, yeah I have had a lot of sh*t thrown my way, but I survived it, there are a lot of people out there a lot worse off than me, admittedly I didn't always think that way, but I do now....I am happy and not only happy, but really blessed with my life...I have a wonderful family even with their faults, I have cut myself free from my past, I don't speak to my father, nor did I speak to my mother for the last 15 years of her life, and I also don't speak to 3 of my siblings and numerous nieces, nephews and cousins etc, they seem to think it's ok for me to have gone through what I did at my mother and father's hands and just say oh ok I forgive you even though you haven't made one bit of effort to even try and apologise, accept what you did or in my fathers case, get help....so as far as I am concerned if they think that way, then they must condone what they my parents did and therefore they aren't the kind of people I want or need in my life...it wasn't easy but as the saying goes, you can't choose your family.....or even better than that is...the bond that links your true family is not one of blood, but of respect and joy in each others lives,that is a really strong and meaningful saying for me and I live by it xxx
My friend is a lovely lady, who had a similar upbringing to me and she is wise beyond belief and as tough as old boots, but you'll never meet or make a truer friend in your life xxx
My husband, children, grandchildren and sister and brother and their offspring are my family aloing with my friends and they are all I need and want, they respect and love me and I do the same back.....the people who said that about me weren't just some any old bullies, they were my parents and of all the abuse that they inflicted upon me, the mental abuse was and still is the hardest to overcome xxx
You're amazing to have come through it all - and found the right counsellor to help you. So brave. I knew you meant your parents when you said that but didn't like giving them that title as they didn't deserve it. That lovely quote is so true.
, so wish me luck ...gonna need it :giggle: xxxx :hug99: xxxx
