where do i stand

[Biker Biggles]

Originally Posted by davepreston

tbh there as usefull as a fart in a spacesuit

If this is true then get another one.You need to get full compensation from the driver and that will/may include compensation for the loss of your job and any permanent/long term disability you have.In the real world your employer can dump you if you are no longer fit and capable of doing your job and your case against the drunk driver should reflect that.

when found guilty... as long as you are unable to work, her insurance company will be paying for your loss of earnings.. and your pain and suffering.

someone else could clarify but i dont think work can dismiss you, and considering they not paying you why would they? check with them... they may just be accommodating and give u the cctv job

ps: just left hook them back

I think, certainly up here, there is such a thing as the Disability Act, meaning that an employer can't just sack you for having a disability. I think they have to make efforts to find you another position or they may leave themselves wide open.

Sure Ed will be able to clarify this though

Originally Posted by Jabba

The delay in hearing the case might work in your favour as the extent of your injuries and any long-term disability become more apparent with every passing day.

You'll need medical reports describing the extent of the injuries sustained and what you can and can't do. You'll also need something from your employer describing the duties that you would be expected to do upon return to work.

If your solicitor isn't already thinking along these lines then they should be shot. Chase 'em. Hassle 'em. Make a nuisance of yourself.

hell yeah!

and plus 10 on the last point! need to push them to get this rolling and get you some compensation.

Jabba and Biggles are correct. Your personal injury award should also include an amount for your loss of employment prospects to reflect the fact that your earnings are going to be lower because of your injury. That will require expert evidence on what you can and can't do, I'd be surprised if your solicitor hasn't instructed an expert report from a consultant orthopaedic surgeon. Phone your lawyer and find out.

On your job, well you can't be off sick for evermore. I can't say what will happen - your employer might have another role. Alternatively they should make reasonable adjustments to your role (if they can) to allow you to continue. Otherwise, having investigated all the possibilities, they will be entitled to terminate your employment onthe basis that you can't do the job. It's because of this that your personal injury award should be increased.

You must tell your solicitor that you're afraid that you're going to lose your job. Have your earnings figures (including the SSP you had) available so that they can crunch the numbers.

Ed

thing is at present its the cps that are charging her (hit and run, leaving the sceane etc) , my brief say's after that they take over and get onto her insurance, so i feel pretty much in limbo cps dont work for me and my brief cant start till she's been done
in the mean time if work say sorry you gotta go im no longer sick so i would expect to more private sick cover so i would be right up cackle creek

[Spiderman]

Speak to ACAS Dave. Their free helpline will tell you all you need to know and is a far better resource than the CAB who will only call ACAS for advice on the matter anyway.
They helped me a hell of a lot when i was considering and unfair dismissal case.

http://www.acas.org.uk/index.aspx?articleid=1461

Dave, I went through this a couple of years ago, give me a bell if you want to discuss, too much detail to go into here but basically if you are unfit for work then they can sack you, I was, Disability act does not come into it as you are not fit for the job you were contracted for. They may try to find you something more suitable but are not required to do this. All the best.

The reason your brief is waiting is simple. If the driver is convicted then the fact of the conviction can be pleaded as evidence of the fact that the driver did it. That is because the criminal conviction has a much higher burden of proof, and once convicted, there is undeniable evidence that she caused the injury. A conviction is worth waiting for because it will get you home and dry.

Can you not call the CPS and complain?

If the medical records and your employer can prove that it is a 'life changing' injury then it's a different story, am I right Ed?